This might be a dumb question, but I cannot find the answer. Can my British fiancè come to the US on an ESTA to get married with the intention of returning home to the UK? I am a US citizen and we've plenty of evidence that he'll be returning home. We plan for me to join him when all is... View More 
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answered on Jun 1, 2023
No, your British fiancé cannot get married on an ESTA. ESTA is a visa waiver program that allows citizens of certain countries to travel to the United States for tourism or business for up to 90 days without a visa. However, getting married is not a permitted activity on an ESTA.
If your... View More
This might be a dumb question, but I cannot find the answer. Can my British fiancè come to the US on an ESTA to get married with the intention of returning home to the UK? I am a US citizen and we've plenty of evidence that he'll be returning home. We plan for me to join him when all is... View More
answered on May 26, 2023
If a British citizen enters the United States on an ESTA visa waiver, with the intention of temporarily staying here, but thereafter decides to get married and remain permanently , (because he changed his mind), then, yes it is possible for him to adjust status if he gets married to a US citizen.... View More
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answered on Apr 29, 2023
Yes, it is possible for individuals on H-1B visa status to form an LLC in the United States. However, there are some important factors to consider when forming an LLC as an H-1B visa holder.
First, as an H-1B visa holder, you are generally authorized to work only for the specific employer... View More
I used my deferral judgment to get does charges off my background
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answered on Feb 25, 2023
As a general rule, individuals who have been convicted of a crime may not be eligible to apply for U.S. citizenship until a certain amount of time has passed after the conviction. The length of time can vary depending on the nature of the crime and other factors, such as whether the person has... View More
I used my deferral judgment to get does charges off my background
answered on Mar 3, 2023
Unfortunately deferments do not count for immigration law. The officer conducting the naturalization interview would look at your moral character particularly in the 5 year period directly preceding your naturalization application. So, if you have any criminal history during that period, it will be... View More
I've recently got divorced in Wisconsin which requires a 6-month stay to remarry. Since then I have moved to Iowa that does not have those restrictions on remarrying. I have met a girl in the Philippines while visiting there and we have been dating every since and want to get married. Since I... View More
answered on May 15, 2022
You must be unmarried to be eligible to file the FORM I-129F petition to begin the process for the K-1 fiancée visa. After the petition is approved by USCIS and the K-1 visa is issued by the U.S. consulate and your fiancée enters the U.S. you can then marry. This process will generally take more... View More
answered on Apr 3, 2022
Only a US citizen can sponsor a foreign national for a fiancée K visa. However as an LPR, you can always get married to him and then sponsor him for a green card. He would have to process at the US consulate overseas. The rough wait time for this is about a year and a half to two years.
I have an I-485 adjustment of status pending which was filed through my ex-husband's employment (i-140, EB-2 NIW) (I am a derivative applicant). We applied concurrently i-140 and i-485. Both forms are still pending. We were married for more than 2 years. I divorced my husband and got married... View More
answered on Dec 12, 2021
I’ll be honest with you; both immigration cases require a licensed immigration attorney. There is no other way to handle it professionally.
My current H1B validity period: 03/2021-03/2024, but my last day for the job is 08/15/2021
I got a new job. The new employer wants to file an H1B transfer petition before 10/15/2021 (within the 60 day grace period) but the start date mentioned in the offer letter is 11/01/2021.
If... View More
answered on Sep 16, 2021
Each H1b case must have an assigned counsel at no charge retained by the YS sponsoring company, if it is a genuinely credible petition.?
My wife applied for aos, I 485 and I 864. I changed jobs during this time to a much higher paying position. All benifits are the same. Our interview is in 3 weeks. Do I need to refile for I 864? Or can I just bring my updating income to the interview?
We applied for AOS I 485 back in June 2020. Our application is still pending and my wife who is on F1 status, is getting ready to graduate. She is interested in working so we are looking to apply for I 765. Since our I 485 is still pending will our I 765 Fee of $410 be waived? Or do we still need... View More
answered on Jan 5, 2021
The last sentence of the question you posted is the answer. You do not need to pay for the I-765 but you must show proof of the pending I-485. So when you mail your I765 application, include the Notice you got after you filed for AOS. Best wishes!
I started my J-1 visa waiver (as H1B since 2019). I am currently doing my J-1 visa waiver.
During my time in the waiver, I got married. My wife is a US citizen.
I got my I-130 approved.
Can I apply I-485 through her NOW while still in waiver or do I need to WAIT till 2022 when my waiver finishes?
answered on Mar 1, 2020
You can apply now but you will not get a green card until the waiver is approved, possibly requiring you to request delaying adjudication of the pending I-485. I hope you have a reputable immigration attorney handling your case as these types of waivers are highly complex.
He came to the United States illegally when he was 15. And we just got married and also have a baby together.
answered on Feb 27, 2020
Did he enter the country legally? Are you a US citizen? Have a free consultation with an attorney anywhere in the USA to discuss these issues and others.
answered on Feb 8, 2020
Unfortunately, the government does not provide "free attorney" for immigration cases. If you cannot afford to hire a private attorney, you have to represent yourself in immigration court. You may be able to get legal aid to represent you if you qualify.
I am a Lawful Permanent Resident and have been recently laid off due to lack of work. My question is whether receiving unemployment benefit will be a ground for termination of my Green Card or deportation or preventing me from becoming a U.S. citizen in future?
answered on Oct 14, 2019
Currently you cannot be denied citizenship for LAWFULLY receiving assistance but it can be an issue in several scenarios such as wanting to sponsor someone or if you want to travel abroad. Furthermore the current administration is trying everything they can to disqualify immigrants who have... View More
The petition was submitted just a few days after her 20 birthday which was May 3, 2018, so as of today she’s 21. I did receive the I-797c notice with the priority date, which is May7th 2018. So Based on the current visa bulletin of July 2019 will her case be moving anytime soon.( is she now... View More
answered on Jun 28, 2019
Your daughter’s priority date is current (that’s what the “C” means on the visa bulletin). You and your daughter should be notified soon about being able to file the visa application.
Your daughter’s age will be adjusted backward by the amount of time it took to process the visa petition.
I am on H1B in the US. My wife came to the US on H4 and recently changed status to H1B. We are seeking advice if there is any risk in having our minor daughter on H4 (visa stamped till Nov 2019) travel outside the country and back with her aunt (my sister who is a green card holder) in June for a... View More
answered on Apr 1, 2019
There should be no issue, as long as the child has a valid and unexpired H4 visa. You should show that your daughter has your permission to travel with her aunt.
Removing conditions on greencard now is taking longer, I have received two receipts that has renewed my status but not my card. My greencard is based on marriage, I want to travel to Iran to visit my family but am scared because I am not sure if the airports recognize the receipt!?
We also... View More
answered on Nov 3, 2018
Travel overseas, as an Iranian, on a card that hasn't been reissued? From one of the six banned countries? Sorry, you are looking at possibly being held, if not excluded on your return trip. What you need to do is speak with an attorney--they should be a member of AILA or have an immigration... View More
I am a citizen of Iran. I have concerns about traveling back home as the travel ban is still in effect. I filed I-131 and I-765 along with I-485 and I-140 on February 2018. I received my EAD with advance parole endorsement valid until May 2019. Also, my STEM OPT is still valid through March 2019.
answered on Jun 7, 2018
Yes. The advance parole document should allow you to leave the country for temporary foreign travel without risking the abandonment of your green card application.
We are starting the K-1 process with the I-129f application. He is Dutch. Currently he is employed in the Netherlands, but will seek employment once he is approved to come here. Most recently he was here for 5 weeks in August and September of 2017. We would like for him to come here to spend some... View More
answered on Dec 7, 2017
Your fiancé can apply for ESTA. Should your fiancé overstay and attempt to adjust in the USA he may be charged with misrepresentation.
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