Get free answers to your Immigration Law legal questions from lawyers in your area.
I filed an I-130 petition for my spouse on November 21, 2024. I've received updates from USCIS regarding the petition. How long will it take for the I-130 to be sent to the National Visa Center (NVC)?
answered on Jun 16, 2025
Once your I-130 petition is approved, it typically takes between four to eight weeks for USCIS to forward it to the National Visa Center (NVC). After the NVC receives the petition, a “Welcome Letter” will be sent to the email address provided on the I-130 form, or to your mailing address if no... View More 
I am a 40-year-old U.S. citizen as of May 2025, and I want to petition for my 73-year-old parent who has been in the U.S. on visitor visas but is currently overstaying, having been here for the past 6 months. Over the last 10 years, she has been coming and going, often staying for 3-6 months at a... View More
answered on Jun 2, 2025
Your parent has been accruing unlawful presence since their last authorized stay expired. Generally, if an individual leaves the U.S. after an overstay of 180 days to less than one year, they face a 3-year bar from re-entry. An overstay of one year or more typically triggers a 10-year bar. Multiple... View More
I am a 40-year-old U.S. citizen as of May 2025, and I want to petition for my 73-year-old parent who has been in the U.S. on visitor visas but is currently overstaying, having been here for the past 6 months. Over the last 10 years, she has been coming and going, often staying for 3-6 months at a... View More
answered on Jun 3, 2025
A US citizen child over 21 can sponsor their parent for a green card as long as they entered the United States with permission. All the paperwork can be done inside the United States without having her go back home. I don’t think a waiver would be required as long as there was a lawful entry.... View More
I had a DWI charge dismissed and received deferred adjudication for obstruction of highway. I am concerned about how this affects my immigration status and admissibility as a Legal Permanent Resident. Is obstruction of highway considered a crime of moral turpitude?
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answered on May 28, 2025
Thank you for sharing those details—this is a sensitive area where immigration and criminal law intersect, so let me help you break it down carefully.
Understanding Crimes Involving Moral Turpitude (CIMTs)
In U.S. immigration law, a crime involving moral turpitude (CIMT) typically... View More
I recently had my I-130 petition denied because my wife signed in a section where I was supposed to sign. I am a U.S. citizen, and I need advice on what steps to take to correct this. The deadline for reapplying or filing a motion is June 18. What should I do to address this error and ensure the... View More
answered on May 18, 2025
At a first glance, filing a motion to reopen would be the easiest, quickest and the most economical way of handling this. But the problem is what if the motion is not adjudicated in a timely manner and what if the motion is not granted? You would be back to square one.
There is no specific... View More
I am planning to marry my Egyptian boyfriend, who currently lives in Egypt, and we intend to live in the U.S. after we marry. I am aware of some visa requirements, but my main concern is my ability to financially sponsor him since I have been unemployed for three years and have no proof of taxes or... View More
answered on May 12, 2025
If your income does not meet the minimum requirements to sponsor your boyfriend, you may qualify by demonstrating sufficient assets. If your total assets equal or exceed $80,000, you can substitute the asset test for the income test.
For example, with a household size of two, the annual... View More
I am currently on an H1B visa in my fourth year, and my PERM application was submitted last year but has not been updated. My project's ending in June, and if I don't find another job, I might change to F2 status as my husband is on an OPT visa. How long can I stay in F2 status without... View More
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answered on May 5, 2025
Switching from an H-1B visa (which allows employment in the U.S.) to an F-2 visa (which is a dependent visa for spouses and children of F-1 students) can significantly impact your green card process. Here’s how:
1. Loss of Work Authorization – The F-2 visa does not allow employment,... View More
I am a US citizen, and my fiancée is a Swedish national holding a tourist visa, also covered under the Visa Waiver Program. We plan to get married in the US soon, but we're not sure about the timeline. Given our desire for her to stay in the US with me as soon as possible, what are our next... View More
answered on Apr 24, 2025
A U.S. citizen can sponsor a foreign national for a green card if they entered the country on a visitor visa and did not misrepresent their intent upon entry. It is legally permissible if the individual later decides to stay permanently after marriage.
For example, if marriage was... View More
I am a 25-year-old American woman planning to marry a 24-year-old Egyptian man who currently lives in Egypt. We are leaning towards applying for a K-1 fiancé visa but are open to other visa options. I plan to meet him in November 2025, and we aim for him to arrive in the U.S. within a year and a... View More
answered on Apr 22, 2025
A US citizen can sponsor a foreign national for a fiancé visa provided that the two have met in person within two years of applying for that visa. The process takes about 18 months from start to finish, so the sooner that you can meet him the better. There really is no way to expedite this. You... View More
I received a notice to appear in immigration court after my asylum request was denied. Since then, I've relocated to a different city within the same state. I haven't communicated with legal counsel yet, and I'm unsure about the process to inform the immigration court about my new... View More
answered on Apr 13, 2025
Yes, you are required to file a change of address (Form E-33) with the immigration court and serve it on the Department of Homeland Security within 5 days of changing your address. https://respondentaccess.eoir.justice.gov/en/forms/eoir33ic/
The consequences for failing to update your... View More
I am a DACA holder from Canada who is about to marry a U.S. Citizen. I entered the U.S. without legal inspection as a child and have maintained DACA status without lapse since before turning 18. I was denied Advance Parole previously because visiting a passed relative and currently ill family... View More
answered on Mar 26, 2025
Due to your entry without inspection, consular processing will almost certainly be required. Furthermore, because of the unlawful entry, you will likely need to file a waiver of inadmissibility, specifically Form I-601A. This waiver necessitates demonstrating 'extreme hardship' to your... View More
I was placed on a three-year probation in 2019 for intent to distribute and possession of marijuana. I left the country in May 2022 to get clean, while still on probation. I'm not aware of any legal proceedings or actions taken since I left. Can I return to the U.S.?
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answered on Mar 14, 2025
You likely have a motion to revoke pending and a warrant. Assuming this is Texas, if the State proceeds on the motion to revoke and the judge grants the motion, you will not be able to be extended, and the judge can only deny the State's motion or to sentence you to at least the minimum range... View More
I married my ex-husband almost seven years ago, and we are currently separated as I have filed for divorce. After assisting him with applying for a green card, he recently received a 10-year green card and came to the U.S., only to leave me within a week. Since I sponsored him, I would like to know... View More
answered on Mar 8, 2025
OK, if your husband has obtained the 10 year permanent green card, it is going to be almost impossible to have that revoked or re-adjudicated. You can write a letter to ice or Uscis and explain the circumstances and they may revisit the case. But the bottom line it is going to be a very remote... View More
I have been married to a U.S. citizen for four years and am currently living in the U.S. without legal status. I have a misdemeanor on my record, and my wife has a felony conviction from 1999. We have not started the immigration process yet. Can I still fix my immigration status and obtain legal... View More
answered on Mar 5, 2025
It depends what the misdemeanor is for, and it also depends on if you entered the United States with permission. If you entered the United States with permission, then you will be able to adjust status and if the misdemeanor is for something very minor, you probably won’t have to file a 601... View More
I have overstayed my visa by 6 years and am seeking options to adjust my status to remain in the United States. I currently have no family members who are U.S. citizens or permanent residents that can sponsor me, and I have not yet filed any forms with USCIS. What steps should I take to proceed... View More
answered on Mar 4, 2025
You really have only one pathway to adjust status to get a green card based on your situation. Since you did enter the United States with permission and you have overstayed your visit, if you get married to United States citizen, then you could adjust status to get a green card. In rare... View More
I've been working on finalizing my divorce, and I have two children with my husband, who was deported to Mexico in 2019. We're dealing with a custody case, and I'm unsure how to proceed given his deportation.
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answered on Feb 26, 2025
Since your husband was deported to Mexico in 2019, you can still proceed with finalizing your divorce and addressing custody issues in Texas.
If all necessary steps (service of process, waiting period, etc.) have been completed, you can request a final hearing to finalize the divorce. If... View More
I've been working on finalizing my divorce, and I have two children with my husband, who was deported to Mexico in 2019. We're dealing with a custody case, and I'm unsure how to proceed given his deportation.
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answered on Feb 26, 2025
You can absolutely move forward with finalizing your divorce and addressing custody in Texas, even though your husband was deported in 2019.
If he was properly served before deportation and has not responded, you may be able to proceed with a default judgment if all legal requirements have... View More
I am a U.S. citizen with parents who are green card holders from India. My parents, aged 87 and 79.5, left the U.S. in 2018 due to health issues and knee replacement surgeries which required them to stay in India. Their green cards remain valid until 2027. They intend to return for a short visit to... View More
answered on Feb 18, 2025
Hello! So it is important to know if your parents want to keep their residency or not. If yes, and they have evidence to show that the “abandonment” of their residency was for something outside of their control (such as the health issues you mention), they can apply for a returning resident... View More
I have a pending I-751 waiver application and was recently cited for a DUI. I turned myself in, got arraigned, posted bail, and hired a criminal lawyer. My court case has not been filed yet, so there hasn’t been much done on that front. I have an initial interview for my I-751 application... View More
answered on Feb 16, 2025
You need to see your criminal lawyer immediately. You need to see if you can win your case or get a plea deal that will allow you to have the case dismissed later, or deferred adjudication. If you can not do that.
Then you need to see an Immigration attorney immediately. My office does both... View More
In Texas, wife caught shoplifting and was arrested value $255, I bond her out and waiting for her court date, she is 1st time offender & she is on H4 Visa. would like to discuss few options how to best handle this situation
• Can we request department store to drop charge by... View More
answered on Feb 10, 2025
You’ve got a lot of questions here, but the ultimate answer is that you need to *call a lawyer*, have a consultation with them to get the answers and perspective you need, then hire that lawyer to defend your wife. The stakes are much higher considering her immigration status.
The store... View More
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