Get Free Answers From Experienced Lawyers!
When applying for the N400, do I need to disclose a speeding ticket from Texas if the ticket was paid more than 5 years ago, and I have no other relevant legal history affecting my application?
answered on Oct 13, 2025
Yes, you must disclose the ticket, even if it occurred more than five years ago. Also, I'd like to point out that some speeding tickets in Texas may also be a misdemeanor. Failing to disclose it could impact your application. Failing to be fully honest may indicate a lack of good moral... View More
I am a Venezuelan national with an expired passport and was denied asylum in the US. I am considering seeking refuge in Canada. I have not looked into the current refugee or asylum policies between the US and Canada, and I do not have any ongoing immigration processes or appeals in the US.... View More
answered on Oct 18, 2025
Because you were denied asylum in the United States and have no other lawful status, applying for protection in Canada faces significant legal barriers under the U.S.–Canada Safe Third Country Agreement (STCA).
This agreement generally requires asylum seekers to apply for refugee... View More
I am an H4 visa holder with my I-94 expiring on October 9th, 2025, and I have a flight booked to return to my country on October 7th. However, my husband, who is also in the U.S., is a cancer patient who cannot walk and requires assistance for everything. His doctors advised on September 25th that... View More
answered on Oct 2, 2025
Yes, you can apply for an I-539, Application to Extend/Change Nonimmigrant Status before your I-94 expires as long as your husband's H-1B status is still valid.
In your application, include:
Proof of your marriage and your lawful H4 status.
Copy of your husband’s H1B... View More
I am a U.S. citizen, and I have a daughter who was born in Egypt. I would like to apply for a permanent resident card for her. I want to know if she will derive citizenship when she enters the U.S., especially considering I didn't live in the U.S. after the age of 14. Do I need to use my... View More
answered on Sep 22, 2025
If your daughter enters the U.S. as a lawful permanent resident before age 18 and lives with you, she can automatically derive citizenship under Section 320 of the Child Citizenship Act, provided you are a U.S. citizen parent. Your own residence after age 14 is not relevant for Section 320 — that... View More
In 2012, when I was 23 or 24, I was forced by my parents to travel to India, where I was physically and emotionally tortured by family members. After four years, they brought me back to the U.S. in 2016. Currently, my parents are withholding my first passport and immigration documents and want my... View More
answered on Aug 14, 2025
So you're 36 or 37 at this time. You can file a lawsuit in replevin against your parents in small claims court seeking the return of your passport and immigration documents of these items of tangible personal property that belong to you. You should make a formal demand upon your parents to... View More
My daughter sponsored my I-130, and it is currently with the NVC. My wife and I married before my daughter turned 18, and her information was included in the original I-130 petition. However, I haven't received any communication from the NVC. As the principal beneficiary, how can I include my... View More
answered on Jul 18, 2025
Did your daughter file an I-130 for you and another for your spouse? It looks like your daughter may have misunderstood how the process works. If the daughter is a U.S. citizen over 21, she needs to file separate I-130 petitions, one for her biological parent and another for her stepparent... View More
I have three patents in the USA and 15 years of design experience in the mining machine industry. I contributed to the new innovative design called Auto Bit Changer for my company, Epiroc. Considering my achievements, am I eligible for self-sponsorship under the EB-1A category?
answered on Jul 16, 2025
You appear to be a strong candidate for EB-1A self-sponsorship. Your achievements likely meet several USCIS criteria, including original contributions of major significance and a critical role in your company. If you can document industry recognition and continued work in your field, you may... View More
My partner lives in Italy and is planning to visit me this winter on an ESTA. We intend to marry during his visit but will ensure that he returns to Italy within the 90-day limit. We plan to start the paperwork for him to legally move to the U.S. permanently afterwards. We're looking into... View More
answered on Jul 7, 2025
Your partner may enter the United States on a valid ESTA and marry you during that visit. After the marriage, he can return to Italy and apply for an immigrant visa (green card) through consular processing at the U.S. consulate.
In this scenario, you would file Form I-130 (Petition for... View More
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?
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
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.?
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
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.