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I'm a Canadian citizen and I have a TN visa to work in the US. If I get married with a green card holder and petition an I-130, can I exit the country and re-enter with my TN while the I-130 is pending? Or would that be a problem since TN is not a dual intent visa
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answered on Jul 23, 2024
Yes, you can re-enter the US on a TN visa while your I-130 is pending, but it requires careful consideration. The TN visa does not support dual intent, which means you must maintain a clear intent to return to Canada after your temporary stay in the US. This could be challenging to prove if you... View More 
Can AVR be used in this case:
One has an expired H1b visa, expired i-94, valid i797 (through consular processing).
Can the person visit canada for less than 30 days and come back without a visa stamp, and get a new i94 issued?
Please note that the person’s i485 has been... View More
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answered on Jul 22, 2024
You can use Automatic Visa Revalidation (AVR) in your situation. If you have an expired H1B visa and expired I-94 but hold a valid I-797 approval notice, you may visit Canada for less than 30 days and re-enter the U.S. without obtaining a new visa stamp. Upon re-entry, you should receive a new... View More
My friends wife is a Green Card holder, currently lives and works in Chicago Illinois. Her husband is still in Bosnia and Herzegovina, they have filled I-130 form about 14 months ago, which is processing.
Question is, is there a way for her husband to come to USA while waiting on on their... View More
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answered on Jul 22, 2024
Your friend's husband might be able to come to the USA on a non-immigrant visa while their I-130 is being processed. One common option is the B-2 tourist visa, but he would need to demonstrate strong ties to Bosnia and Herzegovina to prove that he intends to return after his visit. This can be... View More
I got my green card in November of 2017 and stayed outside of USA for 2 year with reentry permit. I came back in November of 2019. What is the earliest date I can file for my citizenship?
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answered on Jul 22, 2024
To determine when you can file for citizenship, you need to consider the continuous residence requirement for naturalization. Since you got your green card in November 2017 but stayed outside the U.S. for two years, your continuous residence was interrupted.
When you returned to the U.S. in... View More
**Background:**
I am an American citizen originally from Egypt. I became a U.S. citizen approximately six years ago. Five years ago, I traveled to Egypt and married my wife, who is an Egyptian national. We successfully applied for her green card, and she has since joined me in the United... View More
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answered on Jul 22, 2024
To reunite with your child in the United States, you need to first confirm whether your child is a U.S. citizen. If your child is born to a U.S. citizen parent, they may already be eligible for citizenship. You can start by applying for a Consular Report of Birth Abroad (CRBA) through the U.S.... View More
I want to change my status here to get a green card so i can live with my future Husband in the USA. Do i have to change the name on my J1 Visa because of marriage? I know i have to change it on all my Documents like passport, driver license… But is my J1 still valid even though my name change in... View More
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answered on Jul 20, 2024
Yes, you can get married while on a J1 visa. Once married, you can apply to change your status to obtain a green card and live with your future husband in the USA. The name change due to marriage will not affect the validity of your J1 visa.
Your J1 visa remains valid even if your name... View More
Hi. I am a international student on F1 visa and recently I was hired by a company on CPT. They agreed to sponsor my green card. So for Green card process they asking for my resume. Now my problem is that my DS-160 (my experience mentioned there) doesn't match with my resume. Is it critical,... View More
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answered on Jul 2, 2024
This is a complex situation that could potentially have significant implications for your immigration process. Here's a concise overview:
1. Discrepancies between official documents and your resume can be problematic in immigration matters.
2. The DS-160 is a government form,... View More
I met my Fiancè over two years ago. We were dating for 1 1/2 years before I proposed to her. She has been entering on an ESTA. I proposed to her of March this year in the U.S. As relations between her country (in European Union) and the US government are not good, we would like advice on how to... View More
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answered on Jul 2, 2024
Here's a concise response to the situation:
1. ESTA and Marriage: You can legally marry while your fiancée is in the US on an ESTA. However, entering on an ESTA with the intent to marry and stay permanently could be considered visa fraud.
2. Options to Consider:
a) K-1... View More
I met my Fiancè over two years ago. We were dating for 1 1/2 years before I proposed to her. She has been entering on an ESTA. I proposed to her of March this year in the U.S. As relations between her country (in European Union) and the US government are not good, we would like advice on how to... View More
answered on Jul 2, 2024
An immigrant entering on ESTA can only intend to visit and cannot have preconceived intent when entering the US. However, there is nothing wrong with entering on ESTA with the intent to visit but later on changing your mind and wanting to stay. This is far more common than you would think. It is... View More
I am a green card holder and applied for a re-entry permit on October 31, 2023, citing the reasons of "caring for my 75-year-old mother and settling an inheritance property." I provided fingerprints on November 30, 2023, and left the USA on December 26, 2023. Since then, I have checked... View More
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answered on Jun 30, 2024
Based on the situation you've described, here are some options you might consider:
1. Wait for a decision:
Given the USCIS response about high volume and long processing times, waiting for a decision is a valid option. However, this may be challenging if you need to stay abroad... View More
I have a valid driver's license and EAD card. My visa stamp on my passport is expired for re-entry.
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answered on Jun 26, 2024
To answer this question accurately, let's break down the key points:
1. OPT (Optional Practical Training) status
2. Travel to Puerto Rico
3. Return to mainland United States
4. Expired visa stamp
Here's the information you need:
1. Puerto... View More
of country soon. We reapplied for re-delivering green card to my new address. It’s still being reviewed and it’s been 16 months since we reapplied. Is there anyway to travel to out of country ?
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answered on Jun 26, 2024
I understand your situation and the urgency to travel. Here's some information that may be helpful:
1. Emergency Travel Document: You might be able to apply for an I-131A, Emergency Travel Document, at a U.S. embassy or consulate abroad. This allows lawful permanent residents to return... View More
I am a green card holder and applied for a re-entry permit on October 31, 2023, citing the reasons of "caring for my 75-year-old mother and settling an inheritance property." I provided fingerprints on November 30, 2023, and left the USA on December 26, 2023. Since then, I have checked... View More
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answered on Jun 20, 2024
Based on the situation you've described, here are some options you might consider:
1. Continue waiting: Since USCIS has indicated that 80% of cases are completed within 16 months, and your application was submitted relatively recently (less than 8 months ago), you may simply need to be... View More
We have received a I-797 notice of action on Dec 26 2023 but haven't heard anything since. And want to see if we can do something faster to bring him now that Biden passed that law?
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answered on Jun 19, 2024
First, check the status of your I-797 notice of action online through the USCIS Case Status tool. It will give you the latest updates on your application. If there are no updates, consider contacting USCIS directly through their customer service number for more specific information on your case.... View More
I am a green card holder and applied for a re-entry permit on October 31, 2023, citing the reasons of "caring for my 75-year-old mother and settling an inheritance property." I provided fingerprints on November 30, 2023, and left the USA on December 26, 2023. Since then, I have checked... View More
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answered on Jun 19, 2024
Here are some thoughts on your options if your re-entry permit application is rejected:
1. Appeal the Decision: If USCIS denies your re-entry permit application, you may file an appeal using Form I-290B (Notice of Appeal or Motion) within 30 days of the denial. In the appeal, provide... View More
US citizen daughter petitioning mom.
Dad is Permanent resident.
Will add dad in the I-864 form to help with income since I don’t make enough. But do I also need to show that my household also includes three US citizen sisters ?
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answered on Jun 15, 2024
When petitioning for your mother using Form I-864 (Affidavit of Support), you generally do not need to include your U.S. citizen siblings as part of your household. The primary purpose of Form I-864 is to demonstrate that you, as the sponsor, have sufficient income and/or assets to support the... View More
I have to go back to my country of origin to take care of my aging father for a year or two. I plan on coming back to the USA as I own a house here, and my children and grandchild are here. I was told that if I was gone for a year I would forfeit my green card. If I return before the year is up how... View More
answered on Jun 15, 2024
You need to apply for a re-entry permit which may allow travel outside the US for up to two years. Support your application with medical records showing fathers illness and any evidence from Dad and Dad’s doctors establishing that your help and support would be indispensable to his recovery.
I have to go back to my country of origin to take care of my aging father for a year or two. I plan on coming back to the USA as I own a house here, and my children and grandchild are here. I was told that if I was gone for a year I would forfeit my green card. If I return before the year is up how... View More
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answered on Jun 14, 2024
To avoid forfeiting your green card, you should not stay outside the USA for more than one year without proper documentation. If you need to be abroad for an extended period, you can apply for a re-entry permit before you leave, which allows you to stay outside the USA for up to two years without... View More
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answered on Jun 14, 2024
Yes, you can travel to Puerto Rico with a valid work permit. Puerto Rico is a U.S. territory, and travel to and from Puerto Rico is considered domestic travel. Therefore, a work permit issued by the U.S. Citizenship and Immigration Services (USCIS) should be sufficient for travel to Puerto Rico.... View More
I am currently in the process of applying for a permanent Residence. My case has been approved and is now with the NVC awaiting my fee payment. However, I know that after that has been completed, I will have to submit a pardon for over staying my visa as a child (I have DACA). I know some cases... View More
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answered on Jun 11, 2024
Based on the information you've provided, it seems that you entered the United States without inspection as a child, but later obtained Deferred Action for Childhood Arrivals (DACA) status and subsequently received Advance Parole (AP) to travel abroad and return legally to the U.S.
In... View More
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