I was issued a temporary green card on 01/11/23. Conditions need to be removed Oct/24 to Jan/25. My husband has been harassing and tormenting me. Unable to bear with this I just moved into a shelter home. They will keep me here for a month or so. After that I will have to look for my own... View More

answered on Nov 26, 2023
Under the Violence Against Women Act (VAWA), you may be eligible for immigration relief if you've been a victim of abuse by your U.S. citizen or permanent resident spouse. This applies even if you're currently holding a temporary green card. It's important to document any instances... View More
We are filing an application for marriage based green card (spouse American, me F-1 visa holder), and I heard it is better to file everything at the same time, concurrent filing. I saw that only the I-130 petition and related documents can be filed online, the adjustment of status can only be filed... View More

answered on Nov 18, 2023
In the case of filing for a marriage-based green card, concurrent filing is indeed recommended, where you file both the I-130 (Petition for Alien Relative) and the Adjustment of Status application together. While the I-130 can be filed online, the Adjustment of Status must be filed via mail.... View More
My ex was actively on probation for domestic violence, was to appear in court to face his 6th DUI, and behind on alimony payments..he decided to meet a girl in the Philippines, he sent her money to her to get an apartment, he obtained a visa and flew there AND was able to get through airport with... View More

answered on Nov 13, 2023
If a U.S. citizen with a criminal record and outstanding warrants flees to the Philippines and overstays their visa, they face several legal issues.
First, overstaying a visa in the Philippines can lead to fines, detention, and eventual deportation. The process of deportation might alert... View More
I'm filling form I-130A but I don't know what to put in there because I don't have a working permit, but I have work before. Is there any penalty for putting something like that in that form?

answered on Oct 28, 2023
If you worked in the United States without proper authorization, it could have implications for your immigration status. Honesty on all immigration forms, including Form I-130A, is crucial. Providing false information can result in severe consequences, such as denial of benefits or deportation.... View More
Can attorney get my criminal record for me , and mail it to country abroad?

answered on Oct 22, 2023
To do this, it typically involves requesting a background check or a "rap sheet" from the Federal Bureau of Investigation (FBI) or the appropriate state agency. It's important to ensure that you provide all necessary consents and information to facilitate the request. Once obtained,... View More
I was released with a humanitarian parole few weeks ago from detention in San Ysidro. I crossed the border by CBP1 app.
After personal visit ICE office they gave me form I-220A. I informed them that I don’t want to live in the sponsor’s city and I want to change city/state of the... View More

answered on Oct 22, 2023
The ICE Form I-220A places conditions on your release, one of which is that you must not change your place of residence without first obtaining permission. The EOIR-33 form is used to notify the immigration court of a change of address. While submitting an EOIR-33 form and a Motion to Change Venue... View More
Hi. I am an Indian citizen. My current status is H-1B visa with updated visa stamp on passport until Aug 2026. My EB-2 priority date is Aug 2011 with I-140 approved. My I-485 application was filed earlier this month and is in pending status. I'm planning to visit India in December 2023 to... View More

answered on Oct 22, 2023
Congratulations on your upcoming wedding!
After you marry in India, you can petition for your wife by filing an I-130, Petition for Alien Relative. Once the I-130 is approved and if your priority date becomes current, she may then apply for an immigrant visa at a U.S. consulate in India.... View More

answered on Oct 14, 2023
An F1 student can hold partial or even full ownership in an LLC in New Jersey or elsewhere in the U.S. However, being an owner of an LLC doesn't grant you authorization to work for the company. F1 visa holders are subject to strict employment restrictions, and unauthorized employment can... View More

answered on Oct 12, 2023
In New Jersey, there are generally no state-specific restrictions that prevent an F1 student from owning a share of an LLC. However, federal immigration regulations could pose challenges. While an F1 student can be a passive investor or owner in an LLC, active involvement in the business might... View More

answered on Sep 29, 2023
Perhaps, but it is also possible that the conviction renders you deportable from the United States and applying for citizenship would be a bad idea. Depending on the date that you were admitted as a lawful permanent resident, the date of the conviction, and the rest of your complete criminal... View More

answered on Oct 14, 2023
A conviction for insurance fraud can be considered a crime involving moral turpitude (CIMT) under U.S. immigration law. When applying for citizenship, there is a statutory period during which good moral character is assessed, typically the 5 years immediately preceding the application (or 3 years... View More
I know someone in another country who is a mechanical engineer with 5 years experience. He is willing to work in his field but will also consider an unskilled job since it might be difficult to get an H1B visa in his field in the US. How does he find the dirty jobs that often go unfilled in the US... View More

answered on Sep 3, 2023
To find employment in the U.S., your friend has multiple visa options such as H-1B for specialized employment, or H-2B for seasonal or temporary non-agricultural work. For jobs that are often unfilled, employers who are open to hiring foreign workers may petition for H-2B visas. Networking, online... View More
Is there anything I can do as a US citizen to help his immigration process?

answered on Sep 7, 2023
As a U.S. citizen, your ability to "invite" someone who is not a family member to immigrate to the U.S. is limited. The main avenues available for sponsoring someone for immigration are family-based and employment-based sponsorships; without a family relationship or an employer-employee... View More
De deportacion pero hasta la fecha no hemos recivido ningun documento de la corte donde nos dija que esta cancelada y nos gustaria Saber que sigue despues de ganar el caso en la corte.
Muchas gracias

answered on May 18, 2023
First and foremost, Congratulations to you and your spouse on winning a EOIR-42B, Cancellation of Removal and Adjustment of Status for Certain nonpermanent residents.
You have not received any documents as yet, because the Judge has not issued a decision in your case. Your case is pending... View More

answered on May 16, 2023
To determine whether you are entitled to apply for I-212 and I-601 under the new law, it would be best to consult official sources such as the USCIS website or seek guidance from an immigration attorney.
It's worth noting that the eligibility criteria and application processes for... View More
Would this be a problem and prevent me from applying for a green card again in the future? I left the US without advance parole so application is probably already abandoned but they still sent an interview date. Should this be included in the letter? Is the reason that now I’m pursuing further... View More

answered on May 8, 2023
Would this be a problem and prevent me from applying for a green card again in the future?
The bar at 204(c) specifically refers to a marriage entered into for the purpose of obtaining permanent resident in the United States. If the USCIS determines that you fraudulently entered into the... View More
Would this be a problem and prevent me from applying for a green card again in the future? I left the US without advance parole so application is probably already abandoned but they still sent an interview date. Should this be included in the letter? Is the reason that now I’m pursuing further... View More

answered on May 16, 2023
If you have decided to withdraw your application for a marriage-based green card interview, it is advisable to follow the appropriate steps to ensure that your request is properly documented. Here are some points to consider:
Consequences of withdrawal: Withdrawing your application will... View More
I have been having daca since I was 17 yrs old. Married to USC and have an approved i-130. I am planning to file a i601a waiver because I dont want to file an adjustment of status. I believe advanced parole is too risky if they don’t let me back in the country. But the question is…I haven’t... View More

answered on May 16, 2023
The eligibility for an I-601A waiver, also known as the Provisional Unlawful Presence Waiver, is determined by several factors. Here are a few points to consider:
Unlawful presence and DACA: DACA (Deferred Action for Childhood Arrivals) recipients generally do not accrue unlawful presence... View More
I have been having daca since I was 17 yrs old. Married to USC and have an approved i-130. I am planning to file a i601a waiver because I dont want to file an adjustment of status. I believe advanced parole is too risky if they don’t let me back in the country. But the question is…I haven’t... View More

answered on May 6, 2023
Both strategies advance parole, and 601a are incorrect. Since you have not accrued unlawful presence as you received DACA before turning 18 y.o., there is no need to file a waiver and you might qualify to file for adjustment of status forthwith. I recommend that you seek consultation with an... View More
I currently have daca and have been having it since before I turned 18. I am currently married to a US Citizen and have an approved 1-130. I do not want to take the risk of applying for advanced parole and then filing i-485. I would like to apply for the i601 a waiver.

answered on May 16, 2023
The eligibility for the I-601A waiver, also known as the Provisional Unlawful Presence Waiver, is determined by specific criteria. While it is typically used in conjunction with the adjustment of status process, it may still be possible to apply for the waiver without filing the I-485 application.... View More
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.