I entered in USA on J1 visa. I got my work authorization through my asylum case, but I am still in process for Green Card. Meanwhile I met my fiancée and we are getting married this summer. She was born in Chicago IL, but we want to move to Indianapolis IN. We are getting married in Indianapolis... View More 
answered on Jun 23, 2017
If you came to the US with a J-1 visa, depending on what country you are from and what J-1 program you came with, you might be subject to the 2-year foreign residence requirement and need to apply for a waiver of that requirement before you can get a green card. You should look into this with the... View More
The prosecutor will charge me with misdemeanor domestic violence as long as I plead guilty to my charges. I am a green card holder for 1 year and I lived in US for 11 years . If I declare me guilty or I am convicted, am I going to be deported automatically? If I am not deported do I have any... View More
answered on May 8, 2017
More information is needed. How did you obtain your permanent resident status? Were you lawfully admitted into the United States as a visa holder or enter without inspection? Does the crime involve physical injury? What is the maximum penalty for the offense?
I strongly recommend an... View More
My fiancé will apply for a K1 visa petition. We understand that the USCIS requires a US citizen to show proof of citizenship. Is a passport enough as a proof of US citizenship for the USCIS or does he need to show other documents/certificates as well?
answered on May 2, 2017
The evidence to present is more than just proof of U. S. Citizenship. To avoid delay, and further requests for additional evidence, I strongly recommend that you consider hiring a competent and experienced immigration attorney, if possible. The process of seeking lawful permanent resident status... View More
Can anyone tell me what to do next? We just had our interview and it totally blindsided us. I think we might be getting denied. What should we do to avoid deportation? Should we get a new lawyer? Can we ask for a new interview? I'm really frustrated right now and any advice is welcome tbh. Thank you
answered on Mar 23, 2017
It is not possible to advise you without knowing the details of the interview and what you have filed. You will be notified of the decision and given an opportunity to challenge it. I suggest you get an experienced attorney to atlas review the record.
answered on Mar 22, 2017
The general rule is that you must maintain a residence in your home country and spend more time in your home country then you do in the United States. You must also show that you have support while in the US because you are not authorized to work. Border Patrol has authorization to cancel your visa... View More
answered on Feb 23, 2017
Yes. You have nothing to worry about unless you are involved in criminal behavior.
- Have been in the U.S for almost 9 years
- High School student (senior)
- GPA 3.0
answered on Feb 6, 2017
If you have a green card, you can enlist and obtain citizenship almost immediately. If do not have a green card, you may still be able to enlist via the MAVNI program. http://www.goarmy.com/benefits/additional-incentives/mavni.html
The case was concluded by a plea agreement (lawyer was court appointed and unaware of immigration laws). We have tried calling immigration attorneys who refer us to criminal lawyers, and criminal lawyers who refer us to immigration attorneys. We just need to change 365 day sentence to 364 day... View More
answered on Oct 2, 2016
After this long, you will need to get the prosecutor to agree to any modification. Find a lawyer with a good relationship with the prosecutors office.
We have been married for 3 years and we have a child together he also has 2 children in El Salvador that he would like to bring to the US. Is there any chance that he will be able to get a visa and a visa for his children.
answered on Sep 19, 2016
Possibly, but some more information is needed. There have been some changes to the law recently regarding waivers of inadmissibility. Are you a US citizen?
I received a citation for underage drinking. No handcuffs and no fingerprints. I was allowed to go home after the ticket/citation. I was offered pre-trial diversion without pleading guilt/no contest/not guilty. After fulfilling the terms, it was dismissed and nolle prosequi was filled. I know this... View More
answered on Sep 11, 2016
You were not arrested or convicted, but you were charged. To be safe, talk to an immigration lawyer before answering the question.
I was told by mutual friend that my ex is filing for divorce but its no where to be found and i cant get in touch with my ex. They are asking for divorce record. Or government athourity to write a statement that i cant. Please help me what to do.
answered on Jul 24, 2016
The stated facts create a complex case, and are insufficient to provide legal advice. You should sit down with an experienced immigration attorney for proper advice
She didn't immigrate to USA. I found a girl here in the USA and she is US citizen Can I marry her?
answered on Jun 21, 2016
If you have not divorced your first wife this marriage would not be recognized legally.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience.... View More
Need some thoughts on my case ...
I got RFE on my H1 B case (california center ) on 8th sep 2015 and replied by my attorney on 15 oct 2015.
Till today no action has been taken.
In between my attorney raised a inquiry about why my case is taking longer than our processing... View More
answered on Feb 5, 2016
You have to exclude all the holidays and weekends, plus USCIS does not have any obligation to complete the request within 45 days, it may take longer if they have more case back logs. But, yes you should hope to get this within 45 days. If you are in a hurry as your attorney how you can speed it up... View More
My husband has multiple entries, 1995, 1996 and 2004. (each time he left for a month and returned to US) He has since remained. He has never been detained by immigration and our lawyer did a finger print check and there isn't any on file. He has no criminal history.
Since the time... View More
answered on Jan 21, 2016
There are always ways and waivers to tackle any immigration situation. You just need to find the right immigration attorney. Many immigration attorneys including me offer free consultations, make use of the consultations and talk to an attorney soon. All the best.
-Shan Potts
Like... View More
I became a US permanent resident on Feb. 2015 because my husband is a citizen and petitioned for me. At the time of our interview we had been married for 2 and a half years (now 3 and a half) and the immigration agent said that I could become a citizen in 2 years. Was he right? Or probably a... View More
answered on Jan 12, 2016
You most likely have to wait 2 years and 9 months at least to file for citizenship. The immigration agent might have been confused with some other date. I suggest you talk to an attorney before filing because if you file ahead of time, you will not get your application fees back. All the best.... View More
I came to the US as a student and a little over a year ago i got married. I couldn't pay my tuition so my school visa got out of status and now I'm trying to adjust my status through my marriage. The problem is my mother can not be my sponsor but just prior my school visa getting out of... View More
answered on Jan 8, 2016
What is the immigration status of your spouse? How much money do you make per year? Have you filed taxes for the last three years? Talk to an immigration attorney in private to help you with this problem. Many attorneys including me offer free consultations, make use of them. All the best.... View More
I have applied h1 b from two companies and picked from both. Now both are approved. Currently I am in US only on H4 Visa. I need to file Change of status.
Here I have a Question regarding COS. Can I file a COS from both companies.
answered on Jan 7, 2016
Yes but you are going to end up in a problem. If one of the petitions get approved before the other, it means you changed your status from h4 to h1. So the second petition becomes void. Pick a company you want to work for out of the two and file for COS for that company. You are not supposed to... View More
answered on Jan 6, 2016
This is a very broad question doesn't matter what visa you have if you meet the requirements for the religious green card you can get a religious green card. Work with an immigration attorney in private. All the best.
15 years of successful immigration law experience. The answer above... View More
He has been living in Belize since 2005, married to a Belizean, and has 2 kids. He arrived from another Caribbean country in 2005 but currently owes immigration back fees, which he cannot afford to pay as he cannot get a job due to his status. How can he go about getting his immigration status in... View More
answered on Jan 4, 2016
A: If he owes immigration fees in the US there may be a way to apply for a waiver. Talk to an immigration attorney in private to help you with this. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal... View More
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