My brother lives overseas and I would like to file for his family based immigration. I would like to know if I could file for his wife and 2 kids as well? I mean as a part of the same application. If not, what is the procedure to help his wife and kids also immigrate with him?
Hello, are you a US citizen? If so, you can definitely file a petition for your brother. When a visa becomes available, he will complete the consulate process and at that time he will add his wife and child as accompanying immigrants. Keep in mind that the sibling category for filing typically has...Read more »
Both married in Texas, not in agreement and without legal representation with two minor children under age 15 years of age. The mother is being tormented by this individual, should she do more than look for a lawyer to protect her and her children's rights?
An undocumented parent does not lose his or her parental rights by getting divorced in Texas. It is doubtful that getting divorced will precipitate a deportation. However, at the end of a divorce one party or the other (usually one of the parties' attorneys) is supposed to submit a form...Read more »
More information is needed. A question like this requires a careful review of the decision denying naturalization. What is clear is that she cannot travel nor obtain new employment without an unexpired lawful permanent resident card. As a result, I strongly recommend an appointment or Zoom/Skype...Read more »
My income for last year was $18.000 however my current individual income is $35.000, I checked that my current income meets poverty guidelines and enough for sponsorship. However may I file to sponsor my family by reporting my last year income which is lower and does it affect sponsorship and... Read more »
You can file now and not wait until next year but USCIS may send you a request for evidence because of the lower income from the currently filed tax return (despite having a current income higher than the poverty guideline threshold). The request may request a joint sponsor (i.e. another person to...Read more »
Hi there ,I ve been deported from Miami airport on March 2017 ,trying to comeback again in Miami after a short holiday in sud America.Immigration stopped me at the airport and ask me several questions Till they found out I was working illigaly there using someone else NIE number.The immigration... Read more »
You may be eligible for a waiver. You must check eligibility for filing an I-212 waiver to enter the United States before the penalty period for the deportation order is complete. Depending on the reason for the deportation and whether there have been prior deportations, the penalty period can be...Read more »
Hi, I’m a US citizen and fiancé is not.He lived in the US for 2 years and had filed for asylum and before he got the interview the leader in his country was removed from power and situation had normalized so he went back a few months later.He did not notify the USCIS that he was leaving the... Read more »
There are two different ways to do it. He can come as your fiancé, and you can marry after he arrives. Then he can apply for a green card. You can marry him before he comes, then you can file an immigrant visa petition on his behalf as his spouse. When that is approved, he can apply for an...Read more »
I am currently on a F1 visa which will expire on July 23. However, I got married in March and filed I-130 and I-485. Now I am wondering whether I am violating any laws if I stay past July 23, while I wait for my green card. Please advice.
is expected to be 35K, if I report my last year income (18K) in affidavit of support does it affect sponsoring my family even though my current yearly income (35K) will be enough for sponsoring? Or I need to file affidavit of support next year? Thank you
Hello there, the USCIS will consider your previous tax returns and previous income since 2020 is still going on. You could include an employment letter showing your new job and your new expected income. However, I expect that you will need a joint sponsor for this application to be approved....Read more »
I'm a German Citizen with my 3rd E2 Visa working and living in the US. My Visa will run out next year in February. On 11.11.2018 i got married to my wife which is an US citizen. Since we are almost married for two years we are planning to apply for my green card now. We have not applied for... Read more »
You can be issued the 10 year resident card if at the time that USCIS adjudicates the FORM I-485/I-130 you have been married to a U.S. citizen for at least 2 years. You do not have to wait until November 2020 to file the request for adjustment of status in that USCIS does not adjudicate a request...Read more »
I am in very peculiar situation. I recently got married to U.S. Citizen and she want to file I-130 for me but I am currently under removal proceedings as my asylum case is in Immigration court, for 1 year bar (my final hearing date is set for 01/04/2023). Now the situation is my wife lives in Texas... Read more »
Your U.S. citizen spouse can file the FORM I-130 with USCIS and announce in the petition that you are in removal proceedings. The petition also requires that you announce the addresses where you and your spouse reside. USCIS will eventually schedule an interview appointment at a USCIS field office...Read more »
While on an H1 visa i applied for a H4 EAD in Feb 2019 since i was unsure if my H1 will get extended as we were hearing about a lot of rejections. after my H4 EAD card came in, my H1 also got extended and i have continued on my H1. Now i want to move to H4 EAD again. Will my old H4 EAD still be... Read more »
No. EAD clock does not stop because of covid-19. If you applied for asylum at least 150 days ago and still have not received an initial decision on your asylum application, you can file form I-765 and supporting documents with USCIS to request your Employment Authorization Document (EAD).
the american embassy denied 2 times her visa, to visit me in the US. I even wrote a invite letter, but they not even looked at it. Only thing they ask her, what is your purpose to fly to the US. What can we do, that she can come to visit me for 2 weeks. PS. She has 2 Javanese kids 24 and 16. And a... Read more »
The embassy probably thinks she’s at high risk of not returning due to her personal and financial situation. Would marriage to you , a US citizen, solve this problem?Probably yes if you can convince the consulate that she married for love. If that is the ultimate goal then retain counsel here in...Read more »
If a person is a citizen and has parents who are over 70 years of age, who came into the Country legally, with a tourist visa, but then the visa expired. Can the citizen apply for the parents to have a permanent visa or citizenship?
The U.S. citizen son or daughter can file an immediate relative petition, FORM I-130, on behalf of the parents. A FORM I -485 can be filed by each of the parents if they have lawfully entered the U. S. and if they are otherwise admissible.
An experienced immigration attorney can assist you...Read more »
I filed for i485 two years ago with my US citizen husband, but unfortunately, he passed few days before my interview. I went to the interview alone and it didn’t go too well. I’m still waiting on response from the interview. But my lawyer said that I should file i360 because I’m a widow even... Read more »
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