Get free answers to your Immigration Law legal questions from lawyers in your area.
Can that person with family stay in US while I-130 being reviewed for 2-3 years until the decision made? Or they will be deported after tourist visa expiration? If status adjustment filed is denied? How long the status adjustment takes?
Syrian national, living in Emirates.
answered on Jul 24, 2024
If you have filed an I-130 and entered the U.S. on a tourist visa, you are generally expected to leave before your visa expires. Staying beyond your visa's expiration without proper authorization can lead to deportation and may negatively impact future immigration applications.
To... View More
answered on Jun 1, 2024
Apply for US citizenship when you are 31 yrs old or over. This is because the applicant's failure to register would be outside of the statutory 5-year period during which an applicant must show that he is of good moral character and disposed to the good order and happiness of the United States.
answered on Jun 1, 2024
I understand your frustration about the denial of your N-400 application due to not registering for selective service. When you first arrived in the U.S., it's possible that you were unaware of this requirement, especially if it wasn't clearly communicated to you. Unfortunately, failing... View More
He is here by having a nonimmigrant visa - temporary stay. Will he only need to present his passport when we go to the courthouse?
answered on May 24, 2024
It depends on the county policy for what identification is required. Some counties require unexpired passports while others will accept expired passports. However, if you’re a US Citizen you can immediately sponsor your spouse for a green card right after marriage. Some of us immigration lawyers... View More
He is here by having a nonimmigrant visa - temporary stay. Will he only need to present his passport when we go to the courthouse?
answered on May 24, 2024
When you and your boyfriend go to the county courthouse to get married, he will typically need to present his passport as a form of identification. In addition to his passport, he may also need to provide his visa to verify his nonimmigrant status. It’s a good idea to call the courthouse in... View More
My mom, a US citizen filed a petition i-130 for me that was approved and sent to NVC for further processing; a fall under the unmarried child over 22 category. Do I have to wait for NVC processing or I can just go ahead and file i-485 as soon as I get the NOA2? I live in the united states.
answered on May 2, 2024
If you are currently living in the United States and your I-130 petition (filed by your U.S. citizen mother under the unmarried child over 21 category) has been approved, you may be eligible to file for Adjustment of Status (Form I-485) without waiting for the National Visa Center (NVC) to process... View More
answered on Apr 25, 2024
If you were selected in the H1B lottery for the fiscal year 2024, congratulations! The next step is to file your H1B petition with the United States Citizenship and Immigration Services (USCIS). Your employer will be responsible for filing the petition on your behalf.
Typically, you have 90... View More
I know there is an American embassy in Venezuela anymore but she does live in Bogota Colombia where the American embassy is.
answered on Apr 25, 2024
Yes, it is possible for your Venezuelan partner to apply for a K-1 fiancé(e) visa at the U.S. Embassy in Bogota, Colombia, even if they are not a Colombian citizen. Due to the suspension of operations at the U.S. Embassy in Caracas, Venezuela, the U.S. Embassy in Bogota has been designated as the... View More
I know there is an American embassy in Venezuela anymore but she does live in Bogota Colombia where the American embassy is.
answered on Apr 25, 2024
I believe that the US Consulate in Columbia is currently handling visa processing for Venezuelan nationals. If she is living in Columbia now and has documentation to prove that, then it is highly likely that she can process inside that country.
I was wondering if my mom, who has had a permanent resident card since 2017, is eligible for the government funds.
answered on Mar 7, 2024
Based on the information you've provided, it seems your mother is a lawful permanent resident (green card holder) living with you in the United States. However, eligibility for government assistance programs can vary depending on the specific program and your mother's unique... View More
I am helping this family they have 3 children, 2 were born here in the U.S. They fled Honduras, but they don't have their green cards or even work permits, so I am trying to help them with these things. What do they qualify for?
Thanks
Tracy
answered on Feb 26, 2024
Tracy, it's commendable that you're looking to support this family. The question of whether they qualify for protected status in the U.S. depends on various factors, including current immigration laws and the family's specific circumstances. For individuals from Honduras, Temporary... View More
She is threatening me with divorce, she says I would have to leave the country and wouldn’t be able to have 50/50 custody because I wouldn’t be able to live here.
answered on Feb 21, 2024
It's understandable that you're concerned about the situation with your wife and the potential impact on your ability to see your children. However, divorce and custody matters are complex legal issues that vary depending on the specific circumstances and jurisdiction. Your immigration... View More
A permanent visa
answered on Jan 26, 2024
After you marry your wife from Colombia, her ability to stay in the United States depends on her current visa status. If she is in the U.S. on a temporary visa, she must adhere to the conditions of that visa until her status changes.
To obtain a permanent visa for her, you need to file a... View More
A permanent visa
answered on Jan 26, 2024
If you are a US citizen or have permeant residence status you can file a form I-130 sponsoring her for permanent resident stats and she can stay in the US. She can also apply for a work permit and receive a social security number.
Once she received permanent resident status it will be for... View More
Hi there, and happy afternoon.
I just got an RFE about a family-based visa. I was able to secure a copy of my birth certificate, which was required by the RFE. Regretfully, the birth certificate office mistyped my date of birth, which I quickly corrected when I received it. I wanted to... View More
answered on Jan 8, 2024
Responding to an RFE is more challenging because you have to address the issues USCIS has already encountered. That's why lawyers always strive to ensure there are no chances of receiving an RFE in the first place. Once you've provided a thorough explanation, attached all missing... View More
Hi there, and happy afternoon.
I just got an RFE about a family-based visa. I was able to secure a copy of my birth certificate, which was required by the RFE. Regretfully, the birth certificate office mistyped my date of birth, which I quickly corrected when I received it. I wanted to... View More
answered on Jan 8, 2024
Responding promptly and clearly to an RFE (Request for Evidence) is crucial in visa processes, and it's good that you have taken steps to correct your mistake.
In your situation, submitting both the incorrect and corrected versions of your birth certificate, accompanied by an... View More
We have Medicaid, I took my teen to the emergency room. They asked the usual questions but then asked her if she was born outside of the U.S. I felt very uncomfortable, never had anyone in an emergency room asked this before.
answered on Dec 23, 2023
According to federal law, emergency rooms are required to provide medical treatment to anyone who needs it, regardless of their ability to pay or immigration status. Under the law, hospitals are prohibited from delaying emergency treatment to ask about a patient's immigration status. However,... View More
We have Medicaid, I took my teen to the emergency room. They asked the usual questions but then asked her if she was born outside of the U.S. I felt very uncomfortable, never had anyone in an emergency room asked this before.
answered on Dec 22, 2023
Health care providers should not ask for immigration status information, nor make such inquiries! Citing the NILC, below:
"Under federal law, hospitals with emergency rooms must screen and treat people who need emergency medical services regardless of whether they have insurance, how... View More
I'm a Green Card holder but do not full fill the Physical Presence Requirement due to I work onboard ships for a US based company.
I was previously denied due to that, can I get a citizenship with physical present requirement exemption due to my unique employment situation?
answered on Nov 18, 2023
For U.S. citizenship, meeting the Physical Presence Requirement is typically a key criterion. However, in certain cases, exceptions can be made. Given that you work onboard ships for a U.S.-based company, this might be considered a special circumstance.
Typically, employment with a U.S.... View More
He had a felony charge and was doing everything they had asked of him has been in the u.s. for 20 years and is legally married with 4 kids owns a business and was detained by ice when he attended his probation meeting now is in a county jail 3 hours from home with no bail
answered on Nov 13, 2023
This depends on the facts of his criminal conviction.
Since he is a green card holder that the government is trying to deport, he may be eligible to apply to the Immigration Judge for Cancellation of Removal for Permanent Residents using form EOIR-42B (plus supporting documents) if he meets... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.