Get free answers to your Immigration Law legal questions from lawyers in your area.
She resides in Florida and I in Michigan.
answered on Jan 4, 2024
You may not necessarily need an immigration lawyer to proceed with a divorce, as immigration status generally does not affect the divorce process itself. Divorce proceedings are typically handled under state law, and since you reside in Michigan, you would typically follow Michigan's divorce... View More
My brother is married but I want to bring him to the USA but I read somewhere that I can't but I also read that if you're a Citizen then you can. Can i petition him and his kid?
answered on Jan 1, 2024
As a U.S. citizen, you have the option to petition for your brother to immigrate to the United States, even if he is married. The fact that your brother is married does not disqualify him from being eligible for a family-based immigrant visa.
When you file a petition for your brother,... View More
my wife was recently arrested for dv and the judge issued a no contact order. the charges lead to her family blaming me and now they refuse to help me with the bare minimum. they are also trying to force me out of the country before my wifes trial where i wish to attend to help my wife.
My... View More
answered on Jan 1, 2024
In your situation, where you feel that your rights under an immigration sponsorship agreement are being violated, it's important to understand the legal obligations of a sponsor. When someone sponsors an immigrant, they sign an Affidavit of Support, which is a legally enforceable contract with... View More
answered on Dec 20, 2023
It's important to update your address with USCIS within 10 days of moving, as required by law. However, if you've already updated your address later than this timeframe, it's unlikely to have a significant impact on your citizenship application.
USCIS generally understands... View More
Five years ago, I went through a divorce from my husband, who was in the United States on a visitor's visa. This decision was prompted by a troubling history of domestic violence. At the time, I held an F1 visa, and he was my dependent. Our marriage had initially taken place in the U.S. After... View More
answered on Nov 26, 2023
Given your history of domestic violence and ongoing concerns for your safety, it's important to understand the options available to you in the United States. As a student on an F1 visa, you have certain protections and avenues you can explore.
First, consider reaching out to the... View More
I hired an immigration attorney this year to handle my green card application through marriage. However, when my attorney submitted my green card application, the first time he used outdated forms, the second time he did not submit the correct amount of payment, resulting in two rejections. Now I... View More
answered on Sep 17, 2024
No. But consider working with a competent immigration lawyer. Some of us charge a very affordable flat fee and do a great job! Immigration lawyers can represent clients anywhere in the US.
I have had three DUIs, the last DUI was 7 years ago and have completed probation. I was told that it would take 10 months and I would like to do this myself. Thank you
answered on Aug 22, 2024
If you have three DUIs and want to enter Canada, you will likely need to go through the process of Criminal Rehabilitation. Since your last DUI was seven years ago and you've completed probation, you're eligible to apply. It's important to gather all relevant documents, including... View More
Can we start school while the change of status (H4 to F1) decision is pending?
After the change of status (H4 to F1) is approved, can we stay in the US until the school starts? Let's say It is approved 2 months before the school's start date.
Can the changes of status (H4... View More
answered on Aug 20, 2024
Yes, you can begin your studies while your change of status from H4 to F1 is pending. However, you will not be eligible for F1-specific benefits, such as working on campus or applying for CPT/OPT, until your F1 status is approved.
Once your F1 status is approved, you can remain in the U.S.... View More
I graduated in May from a University in Texas and now I am on OPT period. I now live in Michigan state. I know a professor from Minnesota University who is willing to offer unpaid internship or volunteer letter to work on a project for 20+ hours a week that is related to my degree. The work will be... View More
answered on Aug 20, 2024
Yes, you can work remotely for a professor on OPT, but there are a few key points to consider. The work must be directly related to your degree, which you've indicated it is, and you must report this employment to your designated school official (DSO) to maintain your OPT status. The position... View More
I am a H4 visa holder which depends on my dad's H1B visa. I am 14 years old, go to a public school in the U.S., and want to eventually get a job in the U.S. as a physicist. I want to do so by first completing my highschool studies, getting into a university, get a bachelor's degree, a... View More
answered on Jul 30, 2024
To achieve your goal of becoming a physicist in the U.S., you’ll need to transition from your H4 visa to a student visa. After high school, you can apply for an F-1 student visa to attend a university. This visa will allow you to stay in the U.S. for the duration of your studies, including your... View More
answered on Jul 18, 2024
No, the U.S. petitioner's background check does not have to be completed and cleared before the I-129F petition is sent to the National Visa Center (NVC). The background check is part of the process but isn't required to be fully completed before the petition moves forward to the NVC.... View More
Had a surprise home visit. Wife had moved out a few months prior. 751 scheduled only two months after home visit. 797C asks for evidence of legitimacy of marriage since “adjustment of status.” How likely is it the interview will become aggressive, asking very personal questions, if we are still... View More
answered on Nov 12, 2023
In a Form I-751 interview, when USCIS has concerns, the questions will likely focus on the authenticity and history of your marriage. Expect inquiries about your relationship timeline, shared experiences, and reasons for any recent changes in living arrangements. They may ask detailed and personal... View More
751 filed. Separated 4 months. Home visit by USCIS 3 weeks ago.. 40 year age difference. Wife left suddenly after finding a job (previously completely financially dependent on me). We are still discussing the next step for our marriage.
The answers I’ve received here and in face to face... View More
answered on Nov 10, 2023
In deciding whether to divorce or stay married for your wife's I-751 interview, it's crucial to consider the authenticity of your marital relationship as perceived by immigration authorities. If you choose to stay married and attend the interview while separated, it's important to be... View More
Surprise home visit by USCIS officers two weeks ago. They discovered my wife and I had been separated for 3 months and living apart. It seems the interview was fast tracked after they filed their report as we only just submitted the 751 last year at the end of September. We both told the... View More
answered on Nov 10, 2023
Given the circumstances you've described, it's important to approach the upcoming I-797C interview with a clear understanding of your current marital situation. The fact that you and your wife have been living apart and are still separated is a significant detail that will likely be a... View More
We don’t have joint checking accounts or any other kind of joint financial records.
answered on Nov 10, 2023
For your upcoming Form I-751 interview, it's important to bring documents that demonstrate the bona fide nature of your marriage. Even if you don't have joint financial accounts, individual bank statements can still be relevant. These statements can show regular transactions that reflect... View More
USCIS makes a surprise home visit. They find the husband defends his wife leaving even though she left with out warning and hadn’t agreed to marriage counseling. After questioning the spouse, agents learn he paid for everything throughout the marriage and his wife was saving her money. The... View More
answered on Nov 5, 2023
USCIS is tasked with assessing the authenticity of marriages for immigration purposes. In situations like the one you've described, even if the U.S. citizen sponsor maintains that the marriage was entered into in good faith, USCIS may have concerns based on the evidence and behaviors observed.... View More
Will the couple be given an opportunity to correct any misunderstandings, provide additional support material? This is after filing the 751 but before a 751 interview occurred.
answered on Nov 5, 2023
After a surprise home visit by USCIS, if the visit raised issues regarding the validity of a marriage, the couple typically has the opportunity to address these concerns. The couple may be asked to provide additional evidence to support the legitimacy of their marriage. This could happen through a... View More
We are married, but separated in July. I planned on going with my wife to her I-751 interview even if we didn’t reconcile. She didn’t notify USCIS of her change of address, and two officers arrived for a home visit. They were surprised to learn we were separated. They interviewed me and then... View More
answered on Nov 5, 2023
Decisions surrounding divorce are significant and can indeed impact an I-751 application, as the petition is to remove conditions on residence based on marriage to a U.S. citizen.
Filing for divorce may raise questions regarding the bona fides of the marriage, especially if the timing... View More
We separated after she filed her I-751. USCIS conducted a home visit and she told them she left to work on being “mentally stable.” She didn’t file for divorce and she planned on filing for citizenship to speed up the 751 process. But the home visit scared her and she is worried USCiS... View More
answered on Nov 5, 2023
In addressing USCIS, it is critical to be truthful. If emotional abuse was a factor in the separation, it is appropriate to convey this information. However, consistency in your narrative is important. A sudden introduction of claims not previously mentioned could indeed arouse suspicion.... View More
Surprise USCIS home visit by two agents. They find the couple unexpectedly separated for 3 months. They interview both the petitioner and her sponsor in their separate homes. Two days later they contact the American sponsor and ask to meet again for follow up questions. How bad has the... View More
answered on Nov 2, 2023
It seems that no effort was made to update the USCIS, but there is likely a reason why the USCIS referred the matter to the Fraud Unit for investigation. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. A finding... View More
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