Get free answers to your Immigration Law legal questions from lawyers in your area.
I arrived in the USA in 2016 as a minor and I am undocumented. If DACA came back, would I be able to apply for it (once I got the 5 year minimum)?
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answered on Dec 10, 2019
Hi
Hope below helps,
Following are DACA requirements
You were under 31 years old as of June 15, 2012;
You first came to the United States before your 16th birthday;
You have lived continuously in the United States from June 15, 2007 until the present;... View More 
Would this plan work:
If EB-2 NIW gets rejected -> marry my US citizen fiancé(e) -> apply for marriage green card?
Or do I need to get married before the rejection to avoid deportation or future difficulties in applying for a marriage green card?
Potentially relevant... View More
answered on Dec 5, 2019
As long as there are no other red flags on your file, that would probably be fine. However, if that happens, you should be overly prepared for the extra scrutiny such a move will likely bring to your marriage application. I highly recommend hiring an attorney to help you with your marriage... View More
I live in Boston, MA but, I have no family to go to that could help me. I really need this document as I am trying to prove I am a citizen.
answered on Nov 8, 2019
It’s unclear what you are asking. Rephrase your question.
answered on Oct 28, 2019
First, you seem terribly mistaken. A person who is deportable can also be disqualified from naturalization and placed in removal proceedings as a result of filing. This, even if five years pass after the offense.
As a result, I strongly recommend an appointment or teleconference with a... View More
IF yes, on what grounds can it be blocked or canceled ? I understand people feel very good in immigrating their relatives such as spouses, parents and siblings. However, in my case I fear my own married life which is hanging by a thread will be over. There is a very big background on it. Please,... View More
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answered on Oct 17, 2019
An I-130 confers no benefit and only confirms that there is a bona-fide marriage or other direct relationship, i.e, siblings, parent-child, etc. So, what's to block? Those predicate facts are true or false... Nonetheless, petitioner does not have to sign; does not have to file I-130--but if... View More
she is from china and living in US on H1B visa. she has two years left on her H1B visa. how long will it take approximately to get her green card. thank you
answered on Oct 15, 2019
Retain counsel anywhere in the USA for representation.
answered on Oct 3, 2019
Technically, no. The date should extend the deadline of his green card so that it is no longer expired. The only issue we see is if something comes up as a result of the investigation into his continued eligibility for permanent residence.
If upon entering the US as a green card holder, a border security officer deems that I have not maintained residency in the US, what happens next? My understanding is that the border officer takes the green card, stamps my passport with a stamp that is good for re-entry for one year, and issues a... View More
answered on Sep 3, 2019
This is not always the case. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Find an attorney who will explain the range of discretion that CBP has at a port of entry before you take any further... View More
They are going for their citizenship but are unable to maintain a job do to age. Social security a possible source of income?
answered on Aug 19, 2019
This is more of a social security question, so it should be posted in that section.
Will he have an issue getting it renewed? Should he renew it before we divorce so it's good for another 10 years or if he files for it's renewal now would anybody give him an issue and deny the renewal?
answered on Jul 9, 2019
The divorce is unlikely to be an issue for simple lawful permanent resident card renewal. However, the USCIS may try review other factors, like his criminal record, if any, among other issues considered on the form due to the long delay. He should consider an appointment with a competent and... View More
How are you going to re-enter the USA?
answered on May 28, 2019
The K1 visa is a single entry visa. If you leave before adjusting status, you will not be able to return without either Advanced Parole or starting over with a marriage based petition. As this is a complex issue, you should contact an experienced immigration attorney for advice.
My daughter is a US citizen and applied for K-1visa in August 2013. She and her spouse were accepted for a Fiancé VISA and they got married within 90 days of her Husbands arrival. He got accepted for a Conditional Green Card and obtained it. He has a social security number for work and had a... View More
answered on May 23, 2019
He has likely abandoned his status by remaining outside the USA for so long. They will need to refile.
I am a green card holder, unemployed. They had their visa denied back when I had a F1 visa last year.
answered on May 19, 2019
There is nothing you can do directly to get them tourist visas. Usually tourist visas are denied for failure to show non-immigrant intent. This is not something you can overcome on their behalf. Rather, each of them will have to be able to prove sufficient ties to Brazil (ex. family, job,... View More
I'm a US citizen. I know right now there's a 14 year wait. Want to make sure by applying, I'm not excluding them from traveling to the US for work or vacations.
answered on May 18, 2019
Just filing an I-130 petition so that they are in line waiting for a visa number should not impact non-immigrant visas in the interim.
answered on Apr 24, 2019
Yes. Stop wasting time asking silly questions here on Justia.
Meantime, study hard, make really good grades, get an undergraduate degree that will be there to fall back on if you flame out, apply to as many law schools as you can afford to, if several schools accept you, select the one... View More
My parents visited US in on visitor visa, and I sponsored there green card. Now they are outside US for 1.5 years. My questions is:
1. can they travel to US on green card, after 1.5 years of gap (they don't have a valid 1-131, re-entry permit) ? green card is still valid.
2.... View More
answered on Mar 25, 2019
More information is needed. Why did they remain outside of the U.S. for over a year?
A lawful permanent resident green card holder is presumed by CBP to abandon their green card status when they do not make their principal residence in the U.S. for more than one year. If there is any... View More
I understand the EB3 in the category of professionals is the one for my husband. I have a sense of the process but not sure about some things.
Does the employer need to publish the job offer in any particular way, so my husband can apply?
answered on Mar 14, 2019
There is a very involved, specific process for employment petitions. The employer will need to retain an immigration attorney.
My income was qualified to meet the low income so I’m about to apply to the organization to get an approval from the affordable housing program to rent the studio. I’m in the process of getting green card (EB3) and about to apply PERM. Will USCIS be able to track and affect getting a greencard?
answered on Jan 19, 2019
It is unlikely that will be an issue, but as I'm sure you know, there has been a lot of discussion from the administration about this sort of issue, so there's no guarantee that things won't change to where this does become a problem. But for right now, it should be okay.
We already filed and I-130 can I also file a work permit while we wait. I was never put into removal proceedings
answered on Jan 15, 2019
Presumably you were given a notice to appear (NTA) in immigration court. If so, that complicates the process tremendously. You need to seek guidance from an experienced immigration attorney as there are extra requirements for the I-130 filing while in proceedings. Also, if indeed you were... View More
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