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Hi
My spouse is finishing her fellowship on J1 Visa. She wants to do another fellowship but they don't sponsor J1 visa.
I've H1B with approved i140. Can she switch to my H4 and do the next fellowship?
Once the fellowship is done, she can do the Visa waiver job. Is this possible?
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answered on Dec 11, 2024
Section 212(e) of the Immigration and Nationality Act prohibits a person who came in J-1 status to the U.S. for graduate medical education from applying for a "nonimmigrant visa under section 1101(a)(15)(H)", which includes H-1B and H-4 visas. Canadian citizens (not Canadian permanent... View More 
He has remarried over seas
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answered on Feb 27, 2024
If your husband has remarried overseas after being deported, it's important to understand the legal implications of this situation on your marriage. Depending on the laws of the country where he has remarried and the laws of the state in the United States where you were married, the validity... View More
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answered on Jan 29, 2024
If you are considering divorce due to incompatibility in your marriage, the process generally begins by filing a petition for divorce with your local court. This petition should state the grounds for divorce, which in many states can simply be "irreconcilable differences" or a similar... View More
I have used up my 180 tourist/extension days for my visa in Ecuador and have been out of the country and back in the US since July. I am wondering when is the soonest that I can return to Ecuador on a tourist visa. Also if there are any options for a longer term stay visa that are available for... View More
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answered on Nov 15, 2024
For Ecuador's tourist visa (T3), you must wait 12 months from your first entry date before starting another 90-day tourist stay. Since you left in July 2024, you'll need to calculate 12 months from when you first entered Ecuador in your previous stay.
Several longer-term visa... View More
My two Contempt of Court charges were because I forgot to pay my traffic tickets and show up to court. But I got all of them expunged 3 years ago
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answered on Oct 15, 2023
When applying for an Australian student visa, you're typically asked about any criminal convictions, and this includes charges and their outcomes. While your contempt of court charges were expunged, some jurisdictions may still view them as part of your record. The general practice is to be... View More
I’ve been in a relationship with my husband for 13 years and have been married to him. I caught him being unfaithful more than 7 times with different women. He isn’t legally here in the USA. His green card expired and he has no passport stamp. I want to get a divorce because of his infidelity... View More
answered on Oct 1, 2022
His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.
I recently got married in March and I'm applying for a green card. I gave birth to my daughter on July 19, 2019, in Chattanooga and the hamilton county indigent program paid for my delivery. I got approved for the indigent rate at Erlanger for 6 months because of the program ( I only used it... View More
answered on May 13, 2020
Only federally funded Medicaid programs are considered as public benefits. If this program was local, there should be no problem. USCIS also makes exceptions for women who receive federally funded Medicaid when they're pregnant. Finally, you're only considered a public charge if... View More
His native country is Dominican Republic. His case was drug involved. Will he be deported after his sentence?
Student has lived in MS for most of her life, graduated from MS high school and parents are LPR as well.
answered on Oct 10, 2019
No, a student who lived in the U.S. most of her life, with an LPR status, will not be categorized as an international student for the above referenced purpose.
answered on Sep 26, 2019
You could repost this, adding Criminal Law to your categories. It looks like you're asking about "Accessory After the Fact." That's something a criminal defense attorney would know about. Good luck
Tim Akpinar
Hello guys - I am a young woman from humble beginnings living with a disability since age 2 - who one day was blessed enough to be awarded a prestigious US department of States scholarship. While in the US I founded a nonprofit, that will later help me drive changes in my land. I left the US years... View More
answered on Jul 21, 2019
There are certain visa options that are different than the B1/B2 visa which would allow you to come to the United States to work with your non-profit, but many have limited circumstances in which they apply. I would consult an attorney who is well versed in these issues to discuss further.
I'm 1 year short of completing a 5 year National interest waiver. Had already 3 from J1 waiver. USCIS gave me a green card before 5 years. My lawyer wants to return the green card and have them give it back until I complete 5 years. Have you heard of a similar experience, and should I return... View More
answered on Jan 14, 2019
I have not heard of such a situation and do not have enough information for an analysis. It sounds like your attorney is saying that USCIS granted your permanent residence in error. If that is the case, I agree that the prudent thing is to return the green card and alert USCIS of the error.... View More
Hi, I am the spouse of an US citizen. I was until today on a F-1 student status. I had to take a break from my studies because my husband got a job in a different state and I went with him, therefore I lost my F-1 status. The information on USCIS website says that since I am a spouse of an US... View More
answered on Oct 3, 2018
The general rule is that persons applying for adjustment of status in the United States must maintain their immigration status at the time of filing such application. However, there are exceptions to this rule. This means there are situations where non-US citizens are eligible to file for... View More
Hello.
I am from Iran.I am single and I am on F-1 visa, recently graduated with M.Sc. in Engineering Geology, so I filed for OPT and received my authorization card on 15th May.
Now 45 days of the unemployment is passed and I still couldn't find any internship or volunteer jobs... View More
answered on Jun 30, 2018
An F-1 student on post-completion OPT may also be self-employed. See, “Policy Guidance For Student and Exchange Visitor Program and Designated School Officials of SEVP-Certified Schools with F-1 Students Eligible for or Pursuing Post-Completion Optional Practical Training” (Policy Guidance... View More
answered on Jun 21, 2018
Perhaps, but now the President has signed an Executive Order against separation of immigrant families.
I understand she can have US citizenship. What do I need to do to complete that process? Thank you.
answered on Apr 14, 2018
You will need to file a form I-130 (Immediate relative petition) for your wife and a separate US citizenship certificate application for your daughter. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling... View More
Can I bring law sue to them ?
answered on Mar 30, 2018
I am assuming your wife petitioned for her mother to come to live in the USA. An I-864 affidavit of support was required to be furnished, which is a contract with the US government that she would be financially responsible if mother ever took welfare or benefits. If you signed the I-864 you would... View More
My girlfriend and I are in a long distance relationship, she lives in the United States and I live in Canada. I was wondering what the immigration process would be like for me to move there, or for her to move here. How long does it take, what is the process like, what kind of information do we... View More
answered on Feb 6, 2018
If you've actually met within the past 2 years she can petition for you to come to the USA on a 90 day fiancé visa and you can marry. You cannot be sponsored as a boyfriend - no such visa category. Can't answer Q about Canadian law - see a Canadian immigration lawyer.
My boyfriend is self employed. His work is not steady. A friend of his suggested he give an employer on his application. I did not know he lied about his employment on his visa application until after it was submitted. He was denied because he has never traveled out of his country and could not... View More
answered on May 22, 2017
Yes. He needs to show that he has strong ties to his country to convince the U.S. Consulate that he will return. Such evidence consists of: long-term employment, spouse & or children remaining behind, land ownership, business ownership, and assets in the home country. He should wait a minimum... View More
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