Get free answers to your Immigration Law legal questions from lawyers in your area.
my friend has lived in the US pretty much his entire life. He was adopted by two US citizens when he was a baby and they brought him to the US as a baby. Hes had a few rough years and was convicted of some drug related stuff. He was contacted by immigration and they are trying to deport him. His... View More
answered on Feb 1, 2023
This might seem odd, but the answer really boils down to one question: did your friend turn 18 before or after February 28, 2001 at 12:00 a.m.? If your friend turned 18 after this February 28, 2001 cut-off, (or was born after February 28, 1978 at 12:00 a.m.) he should be able to acquire citizenship... View More
I have filed Form I-130 for my sister (and her 2 boys) to come from Argentina. I received the approval from USCIS. Can she and her boys come to the US and wait here while we get her I-485 approved?
answered on Jan 26, 2023
By filing the i130, they have demonstrated that they have immigrant intent. This would conflict with traveling her on a tourist visa which is only for non immigrant intent.
Our son crossed the US border in Mexicali (October 2022). His court appearance in Fort Snelling is scheduled for February 2024. He was a beneficiary of I-130 filed in 2013; however, he doesn’t have 1-90 and we cannot apply for adjustment of status. He cannot apply neither for driver’s license... View More
answered on Jan 16, 2023
First, your son should make sure that he keeps the immigration court updated on his address, as court dates can be changed, and the court notifies respondents of the change in court date by mailing hearing notices. If he fails to attend a scheduled court hearing, he will be ordered deported.... View More
the person was charged with shoplifting about $60 of merchandise at Walmart. they have not been convicted yet but they are worried it will affect their green card.
answered on Jan 9, 2023
It is highly unlikely that the person will be deported under the circumstances you described. In the world of immigration law, shoplifting and other crimes of dishonesty are called "crimes involving moral turpitude" (CIMT). A conviction for a CIMT can indeed affect a person's... View More
I'm applying for a US Citizenship. I have a pending I-751 due to COVID and long delays. I had to get a travel stamp in my passport at the USCIS Office. At that time they took my expired green card and never returned it. According, the M-477 checklist the first requirement is a copy of my green... View More
answered on Jun 20, 2022
As long as you are eligible for the N-400 at the time you file, yes you can submit it while the I-751 is still pending. USCIS will not approve the N-400 until the I-751 is approved; depending on your local office, both applications may be decided at the same interview so it is important that your... View More
Can she do this without my permission
answered on Dec 22, 2021
It would make all the difference if she waited until you turned 18. Case law is pretty clear and consistent on this. before 18, her abandonment of LPR status would be imputed to you.
You should still consult a lawyer. All these analyses are very fact driven.
my mom is undocumented. I recently saw that she can get a visa through her siblings since they were born here. However, both of them sponsored my aunties husband to get his visa. Can they still sponsor her? How long does the process usually take?
answered on Sep 17, 2021
Yes.
If your mother's children were born in the United States and turned 21 years of age they could petition your undocumented mother to adjust the status to Lawful Permanent Residency.
On July 18th I was cited for following a car too close as he was turning right in front of me on a 35E exit to pilot knob road which is a two-lane road. MN Statute 169.18(8)(a) I did end up closer to the vehicle than I, myself, would have preferred since the front car slowed to turn much more than... View More
answered on Jul 20, 2021
The effect that this might have on your insurance rates depends on your prior driving record and your insurance company. There is no mechanism for tickets automatically coming off of your driving record absent some type of agreement with the prosecutor. I don’t necessarily expect it to affect a... View More
When a U.S. citizen adopts a 15-year-old foreign national, and the adoption takes place in the child's native country, are immigration benefits (allowing the adoptive parent to apply for a family-based U.S. visa for the child) conferred onto the child immediately or after a certain waiting... View More
answered on Jul 15, 2021
A child is an adopted son or daughter of his or her U.S. citizen parent if the following conditions are met:
The child is adopted in the United States or abroad;
The child is adopted before he or she reaches 16 years of age (except for certain cases where the child may be adopted... View More
answered on Apr 1, 2021
This can get complicated and have a permanent impact upon the immigration rights of your cousin. A B2 visitor, even a B1 casual business visitor, will likely violate the terms of their visa status if they live, work and get paid on a visit.
Compensation, and/or remuneration to the cousin... View More
My immigrant wife went to a green card interview and said I don't remember to a question, is this fraud?
answered on Mar 20, 2021
Fraud may be based on a misrepresentation of fact that was either intentional or negligent. You will need to assess your declaration with this definition in mind to determine if fraud did in fact occur.
I applied for marriage based green card last September after getting married to a US citizen.
I entered the country on 2018 with J1 visa and I in the process of changing my status from J1 to green card.
We had applied for K1 visa in March 2020 because I was planning to go back to... View More
answered on Feb 17, 2021
You should hire an immigration attorney to help ensure you don’t make costly mistakes.
My stepfather (legally) married my mother a few years ago while I was a teenager. He is from France, and he lives in the US as a permanent resident but is still a French citizen.
I read that under French law, plenary adoption can occur until age 20, and citizenship is automatically granted... View More
answered on Dec 8, 2020
Call the French embassy in Washington DC or Minneapolis Minnesota if there is one in Minneapolis, and start the process there. The staff employees at the consulate can tell you in about five minutes whether or not you qualify for French citizenship. I wish you the best of luck
Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations (unless a traffic violation was alcohol- or drug-related or involved a fine of $500 or more)?
answered on Oct 14, 2020
It's not a civil traffic violation, under $500, so yes, it should likely be reported.
You may wish to have an attorney review your record to be sure.
My course was born in CA but she was taken to Mexico at a very young age and her name was changed in mexico all her records and school records are in a different name but she has her us social security and birth certificate but she has not reentered the county because she is scared they won't... View More
I am currently working as an au pair with a J-1 visa. I am getting married in September to a us citizen, and plan to submit our application for a marriage green card soon after the marriage. My J-1 visa is already expired, but I have DS 2019 that extends till January 2021. Will I be able to... View More
answered on Aug 19, 2020
As long as you are otherwise working lawfully, then the green card application process should not impact, or be impacted, by that.
You can also apply for a temporary work authorization to use while you are awaiting the adjudication of your application.
I am asking for the specific legal statute, case law or legal right I have as a US citizen. The reason for my question is it has been over 2 and a half years since we applied for her and her son to receive an appointment for their visas (IR1). I am uninterested in Coronavirus excuses as we had... View More
answered on Aug 13, 2020
Hi, I am sorry that this happened to you. Did you send all the documents or did you receive any communication about the delay?
It may be worth contacting an immigration lawyer to make inquiries on your case. 2 year wait is unusual for IR1 so make sure there is nothing further to do on your... View More
My biological father was a LPR, he was arrested in 1983 shortly after I was born. I was adopted. He was released from prison and deported back to the Dominican Republic in 1997. He is aware he will have to apply for readmission and fill out other paperwork.
Can I sponsor him or my... View More
answered on Jul 24, 2020
You can sponsor your dad as an immediate relative but he may require a waiver. More facts are needed to determine if he would even qualify. You can sponsor your siblings but the wait time is over a decade.
Hi. I'm in the States with J1 visa right now and my American fiance and I are planning to get married here and adjust my status. Actually we had applied for K1 visa in March and were waiting for the approval but we just decided to get married here. So my question is should we cancel the K1...?... View More
answered on Jul 17, 2020
Better to withdraw. Make sure you aren’t subject to the foreign residency requirement associated with some J1 visas.
I'm from South Korean and right now I'm in the states with J1 visa participating in Aupair program. I came here in May 2018 and after one year, I extended the program for one more year. So I was going to be done with the program in May 2020 but then Covid19 broke out. So DOS allowed... View More
answered on Jul 14, 2020
You may remain in the USA and adjust through your USC spouse. Because your adjustment is through a USC immediate relative you will not be charged with any overstay or out of status time.
Your extension remains a lawful status.
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.