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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 am a Pakistani citizen and a permanent resident of the USA. I plan to travel to Pakistan for 40 days and have a valid US green card and Pakistani passport. I've traveled to Pakistan before without issues. Will there be any problems upon my return to the USA?
answered on Mar 10, 2025
If you have a valid Green Card, have not been outside of the United States for an extended period of time (6 months or more), have no prior arrests or convictions that can pose an issue, then you should not have any issues returning after your 40 day trip.
I am involved in a family immigration case, and the U.S. embassy has requested a joint sponsor, which I am struggling to find from Pakistan. I have never applied for a visitor visa before, but I want to visit the U.S. to personally search for a joint sponsor and also to save my relationship with my... View More
answered on Mar 8, 2025
OK before I answer your question, it’s important to point this out. I don’t know what your personal financial situation is but if you guys cannot satisfy the income test, you can satisfy the asset test if either of you have assets that equal three times the amount of minimum income required.... 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
My wife is in California, and we got married in 2018. I had an embassy interview in October 2024, and the immigration officer requested more evidence of our marriage and a joint sponsor since my wife's income is insufficient. When I informed my wife, she said she couldn’t find a joint... View More
answered on Mar 4, 2025
I would just like to add the following. If your wife does not have sufficient income, or sufficient assets to make up for insufficient income, and she cannot find a joint financial sponsor, then if you have sufficient assets, which would need to be $75,000 or more, then you could add that to your... View More
My wife is in California, and we got married in 2018. I had an embassy interview in October 2024, and the immigration officer requested more evidence of our marriage and a joint sponsor since my wife's income is insufficient. When I informed my wife, she said she couldn’t find a joint... View More
answered on Mar 4, 2025
If your wife does not make sufficient income, or has sufficient assets, and if she cannot find a joint sponsor, then the state department will deny your spousal visa case. Remember that if she does not have sufficient income, she can substitute the asset test for the income test. So if she owns a... View More
I applied for the I-485 in 2023 and filed the I-130, I-485, and I-765 together. My I-485 is still pending, and I have received notices that it's under review. Now, after two years, I want to apply for a travel document (I-131) for the first time. Since my I-485 is still pending and it's a... View More
answered on Mar 3, 2025
No, as you filed your I-485 prior to April 1, 2024, you are not required to pay a filing fee for the I-131. You should submit a copy of the I-485 receipt notice with your application. See USCIS website: https://www.uscis.gov/i-131
You do not need to pay an additional fee for Form I-131 if:... View More
I submitted my I-485 package along with my medical exam on March 30, 2023. Since then, it has been nearly two years, and I am aware that the medical exam expires after two years according to USCIS guidelines. My medical exam was conducted before April 2024, and my I-485 status is still pending. I... View More
answered on Mar 3, 2025
If you preemptively send a new medical exam to USCIS without first receiving a request for evidence (RFE), you run the risk of the medical exam being misplaced and not making it into your file. Instead, you can wait for USCIS to either issue a RFE for a new medical exam or wait for an interview... View More
I have to appear in immigration court and file form I-862. However, since December 2024, my husband has applied for my adjustment of status, and I have the I-797 acceptance notification for that process. Should I send my I-797 acceptance notice to the court, and what should I consider regarding the... View More
answered on Mar 3, 2025
First, if you have been issued a Notice to Appear for removal proceedings, which it appears you have since you reference Form I-862, it is very important that you attend all scheduled court hearings and inform the immigration court if you ever change addresses. If you fail to attend any scheduled... View More
I am currently on an L1A visa with an approved I-140 under the EB1C category, with a priority date of March 2024. My L1A is valid until September 2026, and I am planning to apply for an H1B visa in 2025 because my L1A will max out in seven years. If my H1B is approved, do I need to change my status... View More
answered on Mar 2, 2025
H1B is subject to a cap and a lottery so you need to be selected in order to change status to H1B. Any time spent in L1 status counts towards the 6-year limit in H1B status. If your H1B is selected and approved, you may or may not go for H1B stamping. If the H1B stamping is not approved, you may... View More
I was arrested and had my home searched under an arrest warrant that used my family's last name, which is different from my legal last name. My lawyer did not inform the court about this discrepancy and suggested I take a plea deal, which I accepted. Due to this, I received a shorter sentence,... View More
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answered on Feb 27, 2025
If you pled guilty it is almost impossible to set aside the conviction. Even if you did, you would have your indictment amended while you were in jail, then tried again for the charge. You can hire a lawyer to file a postconviction petition, but you will probably be deported before the... 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 the petitioner for a family member's immigration process and am providing an Affidavit of Support. If the beneficiary is earning above the federal poverty level, am I still required to provide financial support?
answered on Feb 26, 2025
The petitioner always has to file an affidavit of support 864 form even if you don’t make the minimum income necessary to be their sponsor. The beneficiaries income can also count if they have legal permission to work and that income can be reflected on the 864 form. If you do not make the... View More
My husband, who is from the UK, is currently on a conditional green card visa. It is time for us to file Form I-751 to remove his conditional status. Our situation remains unchanged since his initial green card application, and we have sufficient evidence of our bona fide marriage. We are within... View More
answered on Feb 26, 2025
A percentage of applicants will file the 751 form themselves, but a large percentage of applicants will hire an attorney to represent them through the process. There are many details and documents that need to be compiled to make sure that the application is correct. Accordingly, by hiring an... View More
I am filling out the N-400 application for naturalization. I received a traffic ticket for unlawfully passing a public service vehicle in October 2023, which resulted in a Prayer for Judgment Continued (PJC). I have not had any other traffic violations or legal infractions. In the "Criminal... View More
answered on Feb 25, 2025
Hi! Yes, this will not disqualify you for naturalization but you should disclose this and any other citations, arrests, fines etc. You should get the certified copy of this record by requesting it to the court. Do not send the original if applying by mail but keep it for your interview. If you have... View More
I got married in 1992 and obtained my green card through my spouse. In 2002, I discovered that she was cheating, and I moved out. We have been separated since then. I want to divorce her, but I cannot find her. I have continuously lived in the U.S. for 20 years and have looked for her on social... View More
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answered on Mar 13, 2025
I understand that this situation must be difficult, especially as you navigate the complexities of both your immigration status and marital separation. To address your concerns, it’s important to look at both the requirements for U.S. citizenship and how your situation, involving a long... View More
I want to know more about the process for filing an I-130 family petition for my parent. I haven't started the process yet and would like information on eligibility requirements and any potential challenges I might face. Additionally, I am looking for advice on finding low-cost or pro bono... View More
answered on Feb 26, 2025
A US citizen child over the age of 21 can sponsor their parent for a green card. If the parent is overseas, you can sponsor them and they would process at the US consulate in their country of residence. If the parent is inside the United States, you can sponsor them for adjustment of status and... 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
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