I'm an Indian citizen holding an E19 Green Card that was issued in Aug '20. I separated from my husband around July '21 due to irreparable issues in the marriage. We both want to apply for a mutual divorce by Nov, '21. The green card is a 10-yr one. My marriage has been of 10.5... View More 
answered on Oct 12, 2021
As the spouse of a priority worker you derive your status from his status. You indirectly received your LPR status through marriage. There may be questions regarding whether the marriage was a legitimate marriage. However, given the length of your marriage it is unlikely. If asked, it sounds like... View More
This guy is from Haiti. He has been staying on the tourist visa and he seduced my friend to married him. He has a kid with her now: a 2 years old daughter.
answered on Oct 3, 2021
More information is needed, but it cannot come from her. You have no affirmative duty nor direct evidence of fraud by the husband! Strangely, you ‘may know’ more incriminating facts about her!
It reads more like, she ‘seems to want’ out of a marital relationship that appears to... View More
Both husband and wife did not have a domicile in DR at the time of the divorce. Now in 2021, he is trying to remarry but immigration states before getting married to someone else he needs proof that one or both needed to reside in the Dominican Republic of which neither lived in DR. Is there... View More
answered on Sep 10, 2021
It certainly presents a problem as if the USCIS does not recognize that DR dissolution of marriage then any attempt to marry a person in the United States would create an allegation of polygamy (being married to two or more people a the same time).
It definitely needs to be properly completed.
answered on Jul 26, 2021
I assume your husband is the immigrant. He can have the conditions of his LPR status removed on his own by filing a waiver of the joint filing requirement. He can request alimony in a dissolution proceeding and he can request the affidavit of support be enforced.
Hello,
I have sponsored my parents and my brother green card. My parents were able to get immigration visa and now in US with green card; however, my brother is not considered close relative, therefore, his visa can take up to 10 years; Question: can my parents sponsor him now as well as... View More
answered on Jul 12, 2021
One of your permanent resident parents can file the FORM I-130 on behalf of your brother IF he is unmarried.
If that process is possible, your brother will be classified in a different category ( F2A or F2B) than the F4 and the issuance of the immigrant visa may occur at an earlier time.
My dad is a green card holder and petitioned me, a U.S student visa holder, for a green card. Should I have filed for adjustment of status as well since I already live in the U.S or is that only for children under 21 years old?
answered on Jun 27, 2021
There is not such thing as a one step process. You must have an approved Alien Relative Petition and then you must file to adjust status.
She is in the US legally. Came on a Fiance visa and they got married. They have a son, born in the US. The 3 of them would go for a visit, but she might not want to return to the US with the boy.
answered on Jun 23, 2021
This is a challenge. There appears to be domestic issues that need to be resolved. Perhaps, marriage counseling is needed in Thailand.
If his wife wishes to abandon her lawful permanent resident status, and live in Thailand, then she and your son need to decide whether they can remain... View More
bin married for over 30 years to my wife who is a born in the us and an american citizen. do i have to take a citizenship test ?
answered on Jun 9, 2021
The information that you have posted indicates that you appear to be a permanent resident
and not a U.S. citizen.
You will need to file the FORM N-400 with USCIS if you wish to obtain U.S. citizenship. The FORM N-400 will provide you with information regarding eligibility for... View More
the only thing I've done is file for an ITIN number but other than that everything has been done by my family but it feels like there is so many opportunities that I'm missing out on that my family is not a aware off.
answered on Jun 2, 2021
DACA?
Provisional Waiver?
Consultation with an experienced Immigration Attorney?
Teen, 18, High School senior, undocumented, no birth certificate(trying to get one from Haiti), no ID, Aunt wont give SS# but claims on taxes, can't do DACA because of possible SS#, does not live with either parent but with family instead. Is there a way to find out her SS#?
answered on May 18, 2021
There are many questions here, the most obvious is how do you have a SS# if you are undocumented? You need to sort this out before someone gets you into trouble without your knowledge. Please consult an attorney urgently. You can find one on the Justia Directory or on thevAmerican Immigration... View More
I met my wife last year, she’s on a tourist visa and we got married Dec 2020. I want to help her apply for a marriage based green card. Please what’s the rate of success (estimate) with marriage based green card applications?
answered on Mar 16, 2021
If you married for love then the chances are good. Immigration agents are very skilled at detecting fraud.
We are going to different colleges in different states and will probably be doing long-distance for a while. Will this marriage be legitimate in Massachusetts? He is not American. If possible, I want him to live with me in America permanently.
answered on Feb 25, 2021
Yes. You will have to show evidence of good faith marriage as well as an explanation as to why you are currently living apart.
In Pakistan, you can have more than one wife by law.
answered on Jan 29, 2021
Yes, this is a problem. The names of all spouses must be included in the petition. Bigamy is grounds for inadmissibility. This means that, as a bigamist, he should be disqualified from lawful immigration. This will require any previously approved I-130 petition to be revoked, even years later.... View More
Hello, I am on F1 visa and am currently employed post-graduation on my initial OPT which is about to end in January. For some personal reason, I have been out of the country since a month. My company is in the process of preparing documents and I most likely will apply for STEM Extension in the... View More
answered on Nov 24, 2020
It would probably be best in the long run for you to return to the US and apply here. It would likely simplify things in the long run.
I am a Masters' graduate from a STEM degree. I graduated in May 2020 so I am currently on OPT. I was given a confirmed written offer by a company, but when they were doing background checks etc, they asked me about my visa status. I told them I was on STEM OPT so I officially had 3 years of... View More
answered on Nov 11, 2020
If employment is at will, then there is probably nothing you can do about it. It is hard to say if discrimination based on visa status is valid, given a company’s long-term goals. Your best option would be to discuss your case with an attorney with knowledge of workplace issues.
answered on Oct 4, 2020
It means whether the person being petitioned (beneficiary) was ever in removal, deportation, or any other proceeding required under immigration law to ensure due process.
I filed for my DACA renewal in May 2020, a little bit more than 150 days before my current EAD expires. My EAD expires in October 2020. I have only received notice of action I-797C, and not form I-797 that would say I was approved. Is there an automatic extension given to Daca recipients due to the... View More
answered on Sep 19, 2020
If your new card does not arrive in time call the 1 800 number and make an info pass appointment at your local USCIS. You may be eligible to receive a stamp in your passport indicating an extension.
The appointment was originally in May and cancelled. We are waiting on new appointment but do we have to do anything or file some paperwork in case it expires before we get a new appointment?
answered on Sep 17, 2020
1st, contact USCIS to see about getting it rescheduled. While you are doing that, see if you can make an InfoPass appt. to get an extension sticker on it.
My parents are in the process of applying for a Green card. All the papers are ready except for the Police certificate. They lived in Burma for 4 years around 40 years ago under a diplomatic visa. They don't have contact with anyone in Burma so they are not able to get the Police certificate.... View More
answered on Sep 8, 2020
They will need to travel to Burma (Myanmar) to get the clearances. Below is a link to a website that describes what is needed: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Burma.html
I came been here since 2016 got married but i am living here without a document. I live in Worcester Massachusetts
answered on Aug 20, 2020
Provided you married a USC you can and should file to adjust status through your spouse.
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