Hi,
I am an H1B holder and my wife is a H4 holder currently. My employer has started processing my green card application which is at the PWD step(filed in May this year). So if everything goes well, given the current timeline, the I-140 will be processed(with Premium Processing) by the end... View More 
answered on Sep 19, 2023
1. Wife needs to get approved for a J1 waiver before she will be approved for I-485
2. Even if she switches to H4, she still needs to fulfill the 2 yr home residency requirement or get approved for a J1 waiver before she will be granted LPR status
3. You can sponsor your wife for a... View More
Hi,
I am an H1B holder and my wife is a H4 holder currently. My employer has started processing my green card application which is at the PWD step(filed in May this year). So if everything goes well, given the current timeline, the I-140 will be processed(with Premium Processing) by the end... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023
1. If your wife switches to a J1 visa, she may become subject to the two-year home residency requirement, which could affect her eligibility for Adjustment of Status (I-485) based on your green card application. Consult with an immigration attorney to explore potential waiver options if she becomes... View More
answered on Aug 23, 2023
Overstaying for more than 180 days but less than one year would subject one to a 3 year bar from returning to the US. Overstaying for 1 year or more would subject one to a 10 year bar from returning to the US.
what are the sponsors financial requirements, is there another option besides tax returns to provide income documentation?
answered on May 23, 2023
Thanks for your question!
The requirements to sponsor your wife vary depending on whether you are looking at completing the adjustment of status process or the consular processing routes.
Other financial documentation includes paystubs, W-2’s or 1099’s (If applicable); Employer... View More
what are the sponsors financial requirements, is there another option besides tax returns to provide income documentation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2023
To sponsor your wife for citizenship, you must meet the following requirements:
* You must be a U.S. citizen or lawful permanent resident.
* You must be married to your wife for at least 3 years.
* You must be able to provide for your wife's basic needs, such as food,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023
As an O-3 visa holder, you may be eligible to apply for an O-1 visa if you meet the eligibility criteria for the O-1 category. The O-1 visa is a nonimmigrant visa category for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023
The five-year period for eligibility to apply for U.S. citizenship starts from the date that you became a lawful permanent resident (LPR) and received your green card. This is typically the date on which the green card was issued, which can be found on the front of the card.
If you received... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2023
If you arrived in the US on a B2 visa and wish to obtain a green card, you may be eligible to do so through a family-based immigration process if you have a qualifying family member who is a US citizen or lawful permanent resident.
If your sister is a US citizen and at least 21 years old,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023
It is possible for an adult to be adopted in order to obtain citizenship, but the process can be complicated and there are specific requirements that must be met.
In general, an adoption for immigration purposes must be a full and final adoption, meaning that it terminates the legal... View More
We wanted to know if there is anyway he can stay in the US while this is pending. He travels back and forth for 3 months at a time but it’s becoming costly at this point. We are also planning our big family wedding in June since when we got married in jan of 2022 it was during Covid.
answered on Jan 30, 2023
Filing only the I-130 petition for your husband will not be enough for him to remain in the United States while the petition is pending. To allow him to stay, you must also file an I-485 application for adjustment of status.
If you are a U.S. citizen, filing the I-485 application for... View More
answered on Nov 17, 2022
Dear writer, I strongly suggest you contact an immigration attorney in your locality or go to a legal aid office for further assistance in obtaining your green card based on asylee status.
On the internet I found this information. I do really hope this helps you.
Catholic... View More
I’m in asylum process she help to get papers to previous husbands
answered on Oct 19, 2022
Hi - Thank you for your question!
Generally, the asylum process could take years to get to the final stage. If eventually, you do in fact get married, you should maybe consider the marriage-immigration process. However, I would have to ask a few follow-up questions regarding your entry and... View More
She was removed at the border under 7AiI and prohibited to enter US for 5 years. She has remained in her home country and it has been 10 years since incident. Do I need to include additional information/evidence before submitting form? It is my understanding that I-I30 is only to establish... View More
answered on Aug 24, 2022
You will need to provide the information requested on the I-130 related to removal proceedings but you should not need to submit any documents. Once the case gets to NVC you will likely be asked for the documents.
Hello! My mother's current passport has a small spelling mistake (an extra character added to last name). She has already used this passport and traveled to the US with it. Before applying for her green card, we will try to amend the mistake and get her a new passport issued with the correct... View More
answered on Jul 29, 2022
Hi - Thank you for your case description and for explaining your concerns.
Most USCIS forms have a section/question where it asks whether the applicant has used other names in the past or at present - That may be a good starting point for you in disclosing that.
With regard to... View More
I studied architecture finished all courses but never got my degree, I gained 5 years of experience on an specific field in Mexico. I’m currently in the US, fell in love with someone and would not want to risk having to leave the US to complete a process for a work visa to work in my field.
answered on May 4, 2022
So a person who enters the United States with a tourist visa and gets married to a United States citizen can adjust status to get a green card, even if the tourist falls out of status. You can acquire a green card through this process without having to return to your country. You should work with... View More
I studied architecture finished all courses but never got my degree, I gained 5 years of experience on an specific field in Mexico. I’m currently in the US, fell in love with someone and would not want to risk having to leave the US to complete a process for a work visa to work in my field.
answered on May 3, 2022
Good Morning:
Is the person you fell in love with in the United States a U.S. Citizen or legal permanent resident (green card holder)?
As long as you had the intention of returning to your country of origin during your recent entry into the U.S. with the tourist visa you may... View More
I was adopted at 6 months by my parents i have two biological sisters( same biological mother and father) and a half sister (same biological father). I want to start the process to bring them here . What is the process? Do i file a relative sponsorship or do i need additional forms ?
answered on Aug 31, 2023
Relative sponsorship is no longer possible for your biological relatives if you have been legally adopted. Work with an immigration attorney to explore alternatives
My husband had his visa interview already, but they need my w2. I don’t pay taxes but the first sponsor does. I send 1099 for both of us, and uploaded another sponsor affidavit without getting the okay. Do you think they will accept it?.
answered on Aug 24, 2023
Include an explanation as to why you are submitting documents from a 2nd joint sponsor
Sponsor for, green card, citizenship, work permit, does the 3 years of marriage have to pass before applying?
answered on Jun 5, 2023
A United States citizen can sponsor a foreign national who entered the country with a visa. This is so even though your spouse may be out of status. However, if she entered with a J visa, she may be subject to the 2 year home residence requirement. You should work with an attorney.
Is the 1st requirement, that prior to any application you be married for 3 years?
answered on Jun 5, 2023
It depends on where she is and how she came
To the US if she’s here. Please hire an immigration lawyer.
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
