If the child was the principal beneficiary of a family petition when he was 14 in 2012, he should not have been bar from applying for a visa at that time. A child under 18 does not accrue unlawful presence. If the child was a derivative beneficiary as the son or daughter of a principal beneficiary...Read more »
I am originally from the Netherlands and reside in the US without legal status. I just found out yesterday my mother is dying and I need to return to the Netherlands. I am already trying to obtain a Laissez- Passer/Emergency Passport from the Netherlands but I was told I also need a certificate of... Read more »
You are free to leave the USA. You will not be able to return.
Based on your post it sounds like the problem is that your Netherlands passport is expired. Most consulates will not renew a passport for their citizens unless you are in the USA legally. The issue is being admitted into the...Read more »
If a lawful permanent resident changes jobs or needs to travel, then they must have evidence of immigrant status for travel, CBP and I-9 purposes, respectively. In general, a lawful permanent resident must have proof of their status should they be subject to inspection. Otherwise, they can be...Read more »
The question is, what do you want to do about that matter? You say your father was charged with a felony drug offense but you don't mention what actually happened to the case? Did he plead guilty? Did he go to trial and lose? Or did he get deported before anything happened in the drug case? If...Read more »
"Yes" to all your questions but it will be important to show that he and/or your joint sponsor have sufficient income (excluding unemployment) both at the time of filing AND at the time of the interview. Best wishes!
You can file the FORM I-751 within the 90 day period prior to expiration of the conditional status. In your case you will need to subtract 90 days from 09/29/21 to determine the earliest day you can file the FORM I-751 with USCIS.
I am an immigrant on Daca and I am married to a U.S. citizen. My husband has criminal history. I've been suffering from many forms of abuse, including emotional, verbal and even physical. Because of his crimininal history , many times I hesitated to call the cops on him when he began acting... Read more »
Being accused of a domestic violence is not a condition that allows you to break a lease without being responsible for paying future rent obligations under the lease agreement. If you break the lease, you will be responsible for your obligations under the rental agreement. You would probably be...Read more »
More information is needed to answer your first question and it would be best if you called an immigration attorney to do a consultation over the phone. You should consult with a family law attorney for assistance fighting for custody. Best wishes!
I've submitted my I-751 on April 2019 and had an interview with my spouse on December 2020. We're told, we'd be notified about their decision in the next 120 days. The deadline is past and I called asking about this, I was told again my petition is in process and I have to keep... Read more »
I started working this year and filed my taxes for last year. I got a tax refund but I was not employed anywhere last year. I am a F-1 student, will this refund affect my chances of getting green card?
You should consult with a Certified Public Accountant to understand why you got a refund. As long as your taxes were properly completed, the mere fact that you got a refund will not affect your eligibility for permanent residency/green card. You should consult with an immigration attorney though...Read more »
I have indefinite leave to remain in the U.K but received it after i had my children which are now 17 & 18. I am in need of advice on how to obtain passports for them. Are they entitled to American passports because I'm an American Citizen? When they were born i didn't have indefinite... Read more »
If you’re the beneficiary of an application filed by your citizen spouse, the length of time you must wait after you get your green card, before you can apply for citizenship can be different. If you’re married to a US citizen you can apply 3 years after getting your green card. If you aren’t...Read more »
My parents have entered into U.S end of 2019. We had to get 6 months extension during covid and we extended another 4 months. Because of my parent's health problems. They both had serious surgeries in the past and their doctor advised us if they get infected with covid they may end... Read more »
A lot more information is needed to evaluate your parents' options. You should do a consultation with an experienced immigration attorney. Many offer free phone consults but it would be well worth paying for advice from an experienced attorney. Best wishes!
This is an often confusing area for everyone, including attorneys and court staff. Essentially, the EAD clock begins to run once your asylum application is properly filed either with the immigration court or the asylum office if filed affirmatively. The EAD clock stops counting if the applicant or...Read more »
Applicants for immigrant visas who have a priority date earlier than the application date of October 22, 2006 listed in the Visa Bulletin chart for March 2021 can proceed to be issued the immigrant visa at the U.S. consulate after fulfilling all of the National Visa Center requirements.
The federal regulations that you can find at 20 C.F.R. § 656.12 specifically indicate that the employer MUST pay ALL of the costs associated with the PERM process. These costs that must be paid by the employer include the attorney’s fees and costs of advertising for the position. Hence you can...Read more »
Once a foreign national is removed (deported) from the U.S. the possibility of returning to the U.S. depends on multiple factors including the reason for the removal, period of time after the removal, lawful status of family members, etc.
I recommend that you consult with an experienced...Read more »
Name changes in Russia are length processes. They are shown in roman letters and Cyrillic letters on foreign passports. We are changing her last name to mine in Cyrillic (accepted) and wanting to correct a spelling error (additional letter) in the roman translation of her first name (not accepted... Read more »
It sounds like the issue is that her name will not be written correctly in her Russian passport. If that is the case, it is probably best to have here keep her maiden name, at least for the time being.
Hello, I am a recent graduate on F1 status and I have applied for OPT (have not received EAD card yet) and I want to register for H1B this March. I know that my employer and I must register online on USCIS for the H1B Visa with the 10$ fee. Besides the registration part, is there anything else I... Read more »
The prospective employer will have to register with USCIS as you have indicated in your posting. If the employer is selected by USCIS then the FORM I-129H must be filed by the employer with USCIS in APRIL 2021.
I highly recommend that the prospective employer engage an experienced...Read more »
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