Get free answers to your Immigration Law legal questions from lawyers in your area.
She was here working legally as an Au Pair for 2 years. Recently she applied for a tourist visa. We are planning on getting married within the next 6 months. If she works during this time can it affect our marriage and her ability to get a work permit?
answered on Feb 9, 2018
She is not allowed to work in the US until she gets a work authorization or a green card.
I am a postdoctoral research fellow. Could I accept a job in the industry when I have a pending I-485? Thank you!
answered on Jan 9, 2018
The answer would be yes, if the I-485 has been pending for more than 180 days.
Hi,
I am currently in the process of applying for my GC through the NIW category. I am currently on H1. I am really interested in pursuing a course that needs to be full time. Hence I need to convert to F1 in future. Can my GC application still be valid if I change status or do I have to... View More
answered on Jan 9, 2018
Unfortunately, changing to F-1 while a green card case is pending is not allowed. F-1 status requires "nonimmigrant intent", i.e. intention to return to one's country after the completion of studies and not to remain in the US permanently. Applying for or being sponsored for a green... View More
answered on Dec 27, 2017
You should speak with an attorney in private and provide all details of your case so that you can get an accurate answer. It is certainly feasible to get citizenship eventually based on having a US citizen parent.
I am an international student and I tutored another student for pay without knowing that it wasn't allowed. It was the same course where I had an on-campus job as a teaching assistant. After realizing that it wasn't allowed I gave him back the money in full. Would there be any legal /... View More
answered on Nov 25, 2017
The fact that you returned the remuneration, that is the fee in full, means that you likely did not violate the law. The government often looks for a knowing violation of the law. That said, if you received no payment in kind, then you did not violate the law.
The challenge is receiving... View More
We met during last summer, and this summer it grew into something more, and she said yes. She's currently at university at N. Carolina, while I live in MA due to my work obligations. We see each other during summer, and every break she has from uni, and long weekends.
Do you think... View More
answered on Nov 9, 2017
Yes. She can file an immigration visa petition for you, and you can apply for a green card at the same time. You have to be married to do this.
answered on Nov 6, 2017
Good afternoon,
Thank you for reaching out to me and I am happy to assist you. If you are a permanent resident, you call file for an adjustment of status for your wife. Please consult with an immigration attorney before you do.
Ismail Mohammed
We are visiting family in the United States and I was offered a job in the US which I would have to start in a few weeks if I accepted as I am not currently working in Canada. I am a US citizen and my wife is a Canadian citizen. We also have a baby that is both US and Canadian citizen. I do not... View More
answered on Oct 19, 2017
After she has been in the U.S. for 90 days, you can file a petition to adjust her status from visitor to lawful permanent resident. She can obtain a work and travel permit while the application is pending.
am from Bangladesh. I am graduating this year on December 2017. I am a freelancer and currently working for a USA firm for more than one year, as my BOSS is very happy with my work he wants to finance my Masters degree in the USA. He wants to give me a employee contract letter with 30K or funding... View More
answered on Oct 12, 2017
Yes. He should sit down with an immigration attorney to go over to process.
My 14 years old nephew is here at the USA (MA) with me with a tourist visa. He is legally allow to stay until December but due to the critical situation in Venezuela we would like for him to stay with us - What do a need to do to get my nephew to stay with a legal status?
answered on Oct 4, 2017
If you are a U.S. citizen, then you should consult with an attorney about seeking an adjustment of status to Lawful Permanent Residence on his behalf. They will need to review your legal custody documents to determine if they are sufficient for U.S. immigration purposes before they file.
answered on Sep 14, 2017
If you have been married for less than two years at the time of approval, you will be given conditional residence for two years. How long it takes to get this depends upon the timing at your local office, but on average it takes about six to eight months. In the interim, you can apply for work... View More
For a married son/daughter who already has a case filled, does it mean that, if it indeed the bill passes, they would see their application vanish? What will happen to the waiting line?
answered on Aug 29, 2017
The bill has not been passed so there would be no impact on pending family based immigration petitions.
Do we have to postone the interview because of this health issue, kidney stones and slight fatty liver. He is currently getting treatment for it.
Thank you
answered on Aug 29, 2017
Yes - if you are unable to attend your scheduled appointment you should reschedule with a written request.
We been together for 2 years & half i didnt get a divorce before because we were not talking but now we did and i want to bring my boyfriend how is it better as fiance or getting married and can i start the pettion right after my divorce is finalized?
answered on Jul 10, 2017
After the divorce becomes final, there is no waiting period before filing for a fiance visa or getting married and filing a spouse green card petition. It is important to check with the divorce lawyer to make absolutely sure that the divorce is in fact final and that nothing further needs to be... View More
Roger Carl Algase, thank you so much for your answer about DS-160 ! Is the question about petitioner's income new ?? I will bring the contract, the copy of pay check ( or I can even bring original pay check ) and invoice as a proof. Do you think is it enough ??
answered on Jun 11, 2017
Up until very recently the only documentation from an employer that was normally required at an immigrant visa interview was a simple letter from the employer confirming that the applicant would continue to work in his or her current status after returning to the US. Now, it appears that the visa... View More
I'm working under O1-B visa and going back to my country for a vacation in summer. So I have to take an interview at consulate and now I'm filling out DS 160 form to apply. DS-160 form ask me about petitioner's monthly income but I don't know if it asks me the gross income of... View More
answered on Jun 10, 2017
These sound like "Donald Trump Era" questions. In general, "income" on immigration or visa application forms means gross income, not after tax income. It sounds as if the purpose of the question is to make sure that you will really continue to be working in your O-1 job, and you... View More
My wife has recently obtained her citizenship through Naturalization. She is an active duty (Reserve but on active duty status since she is in a-school now). We have been married over 5 years and we both obtained our green cards 2 years ago. Now that she is a citizen and a military member, Am I... View More
answered on May 8, 2017
Hello,
If your wife is a U.S. Citizen, you can become a permanent resident through her. If you already received your permanent residency five years ago, you are eligible to be become a citizen. Please speak with an experienced attorney.
I got married in India under Hindu Marriage Act. I am in USA right now on F1 visa and my husband is on H1B visa. Can I get a divorce in USA?
If yes, would it be valid in India as well?
What’s the process for a mutual divorce in USA for international people?
How much money... View More
answered on May 3, 2017
In Massachusetts if you are residing here with your spouse and the breakdown of the marriage takes place here, then you can commence a Divorce Complaint or have a Joint Petition for divorce here. You do not need to be a citizen to obtain a divorce, but you will need your marriage certificate and it... View More
Hi,
I am in H1B visa. 2 weeks back I was arrested for DUI with no accidents. My attorney had recommended me for CWOF and I am currently in probation.
This week, I got an offer from a company and it's my dream job too. So If I change the company and the new company apply for... View More
answered on Apr 15, 2017
Any violation of the law is a violation of the terms of your visa. A DUI is considered a serious misdemeanor and there is a possibility that your visa will not be renewed.
I overstayed and in July or August of 1974 I was arrested and stayed in prison in Hattiesburg, MS for 24 hours. I was doing fundraising for a church by selling something when I met an INS officer. The next day our group of about 10 got arrested. I was released eventually after signing on something... View More
answered on Apr 11, 2017
Records may be obtained from three sources; the County Clerks Office at your county courthouse, the sheriff or police who took the original arrest record. In some cases for a minor incident such as this the record may no longer exist. If that is the case you will need a certified letter from the... View More
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.