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I traveled to meet my fiance in India and now he would like to come on a tourist visa to meet my parents before coming back on a K1 visa (two separate trips, separated by a few months). Will applying for a tourist visa impact his eligibility for a K1 visa or vice versa? Should we wait to apply for... View More 
answered on Jan 2, 2017
As long as your fiancé intends to return to India after coming on the tourist visa, they should be able to pursue the K-1 later. However, he may be denied a tourist visa since it seems he intends to immigrate to the US in order to be with you permanently. Talk to a lawyer to know the rules around... View More
I am on H1B and she is on H4. If I resign and return to INDIA will she out of status or she will be eligible for U-VISA ? I am very sure she is doing this to get U-VISA.
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answered on Dec 20, 2016
Your idea is the wrong way to handle this situation. You are not likely to be allowed back into the US if you are convicted of Domestic Violence. You need to involve both a criminal defense attorney and an immigration attorney. Since a crime is involved, do not discuss this on line or over the... View More
which form goes first to fill out and send
Form I-601A or I-130?
answered on Dec 7, 2016
You must have an approved Form I-130 (or an immigrant visa available to you) in order to file Form I-601A. Therefore, it is usually the I-130. Make sure you are eligible to file Form I-601A though.
answered on Dec 3, 2016
It depends. They are valid for either 2 years or 10 years. The 2 year cards are for conditional residents. You can read more about that here: http://www.bgimmigration.com/2016/03/18/how-to-renew-conditional-residency-card/
i am a pernament resident through marriage, i have my 2 daughters here with a visa b12, i want to petition them, can i do it with my conditional resident? My husband cant since he is away and by the time he comes their visa will expire. can i petition them under my conditional status?
do i... View More
answered on Oct 17, 2016
You may petition for your daughters as a conditional resident. Just pay attention to processing times because it is very likely their visas would expire prior to their priority dates being current, and because they would not be considered immediate relatives of US citizens, any unlawful presence... View More
how do i include my daughters to the case to make them permanent resident. ? what forms i need to file?
answered on Oct 6, 2016
You can file an I-130 immediate relative petition for them or if they are eligible, your U.S. citizen spouse can file an I-130 immediate relative petition. However, if you do it, they must remain here legally the whole time the case is pending (which could be about 2 years). Please consider... View More
would be left unable to pay the bills as he is our primary source of income. what can we do?
answered on Aug 14, 2016
Depending on your immigration status and your husband's immigration history, you may be able to apply for him to receive a "green card" by applying for a provisional waiver. A green card can lead to US citizenship.
I got an email from the US mexican embassy saying that I need to schedule an interview regarding my visa.
I got arrested a month ago and today I got an email from the embassy saying that I need to call them to set up an interview about my status and that my visa might get cancelled. It said... View More
answered on Jun 22, 2016
This is a difficult question to answer without knowing the facts of your case and what the letter from the consulate says. I would recommend contacting an immigration attorney, because crimes involving moral turpitude are not the only reason visas can get cancelled. For example, since November of... View More
My husband entered the US on a K1 visa. We got married before the 90 day deadline and have recently filed for a change of status/green card. While we are waiting on the COS can he travel within the US on a expired visa?
answered on Jun 1, 2016
Yes you husband maybe able to travel inside the US while waiting for his adjustment of status. It is best if he carries a copy of the documents related to AOS in his travels. If you have more questions feel free to talk to an attorney in private. Many immigration attorneys including me offer free... View More
I haven't heard anything from my employer, do I need to do anything or the stamp and annotation date (in 3 years) is the right one?
answered on May 22, 2016
It should be the date listed on your I-94. If you're unsure of that date, you can look up your I-94 records online here: https://i94.cbp.dhs.gov/I94/request.html. Hope that helps!
My fiance whom is still legally married in the us but in the process of divorce came to the us legally on a visa in 2004 it expired & he is still in the US. How can we go about keeping him in the US? He also has children here
answered on May 13, 2016
If you are a United States citizen, once you are married you may be able to apply for his residency. He may be able to complete that whole process in the United States if he is still here at that time and does not have any grounds of inadmissibility other than the unlawful presence. If his... View More
My girlfriend lives in Missouri - Poplar Bluff. I'm from Denmark.
We've known each other for years and despite having only met in person once in those years, we've ended up in a relationship that reached it's height when I came to the USA on a Visa Waiver.... View More
answered on May 6, 2016
You have several options, but those are best discussed in a consultation with an immigration attorney and not on a public forum. If you intended to depart when you entered on your tourist visa, you did not commit fraud or misrepresentation even if you change your mind. I am in St. Louis if... View More
charges brought against him he was recently found not guilty of the new criminal charges. The failed test result couldn't be used in criminal court, can they be used in immigration court?
answered on May 6, 2016
Whether the drug test can be used in immigration court depends on the purpose that the prosecution wants to use it and if there are any issues relating to the reliability of the test. Is your husband currently in immigration proceedings? I would consult an immigration lawyer as soon as you can to... View More
answered on Mar 28, 2016
More information is needed to answer this question but if you entered the US with a legal I-94, yes your spouse might be able to file I-130 and I-485 for you after your I-94 expires. The process take 6 to 8 months. Many immigration attorneys including me offer free consultations, make use of the... View More
I have lost my Passport which has F1 Visa on it just before applying for H1B. I applied for a new passport at Indian embassy. But, it would take time to get a new passport.
Now, I have to apply for H1B. I have the photo copy of my old passport ID page and visa. Can I file for my H1B with... View More
answered on Mar 2, 2016
You may go ahead and file it with the old passport, you will get an RFE if they require your new passport and you can send it their way. I suggest you contact an immigration attorney via email or phone to get started with this process as soon as you can. Many immigration attorneys including me... View More
answered on Nov 11, 2015
You do have options to adjust your status but you are going to have a big problem. Staying a year after your visa expires is a immediate ban of 10 years. However if you have a strong reason for staying back you can request a waiver. Contact an immigration attorney today to discuss your options. All... View More
Status CPT : got H1B RFE, may be causes "denial of status transfer"
I am working on CTP, i20 expires 19-Dec-2015. I got picked for H1B this April. I got RFE (issues 17-Aug-2015, RFE final date 17-Nov-2015) on my F1, One thing may cause “Denial of status transfer”. According to... View More
answered on Oct 9, 2015
If your H1B is approved but your COS is denied you can go back to your country get your H1B stamped on your passport and come back to the US and start working. If your H1B is denied you will have to start a new petition. All the best.
15 years of successful immigration law experience. The... View More
Hello,
I am on H4 visa and recently got EAD approval notice. My husband is on H1B, he has applied for Green Card and got his I 140 approved.
I am planning for Divorce as i am emotionally abused by my husband. Is there any way where i can stay in the United States legally?... View More
answered on Aug 18, 2015
If you file for divorce your H4 visa becomes invalid which directly means your EAD will also become invalid. So you would not be able to stay in the US legally, I see you mentioned your husband emotionally abused you. If it was physical abuse and if it involved any violence you will be able to... View More
answered on Jul 21, 2015
You can locate free answers at www.uscis.gov. Good luck. www.aba-us.com
Is there a way I can get my citizenship without my mom information? what I really need is my state id.
answered on Jul 20, 2015
If you are trying to get citizenship because your mom is a citizenship you will need her help. Without her help you can not petition yourself. You should talk to an immigration attorney as soon as possible to get more information. All the best.
"15 years of successful immigration law... View More
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