Get free answers to your Immigration Law legal questions from lawyers in your area.
Hello, My name is Daniel, I was wondering if I should pay a local lawyer to help me adjust my immigrant status or maybe I should pay a third party in those websites that they offered their assistant to help you out filling all the documents... (SimpleCitizen and Boudless are my two options so far)... View More 
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answered on Jan 18, 2024
When considering adjusting your immigrant status through marriage, it's essential to weigh your options carefully. Hiring a local attorney can provide personalized legal advice and ensure that your application is handled correctly. An attorney can also help navigate any complexities that might... View More
My mother passed away almost 2 years ago and her freeloading illegal husband had no place to go after she died. He broke into the garage of their prior rental for a while and stayed there and finally found some unsuspecting woman to take pity on him and found him a room in a house with other... View More
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answered on Jan 10, 2024
I understand your concerns about your former stepfather's harassment for money. To address this situation legally, you may consider taking the following steps:
Cease All Financial Support: Stop sending him groceries or any financial assistance immediately. Continuing to provide support... View More
We will submit a marriage-based green card application in the coming weeks. I am a student on an F-1 visa that will expire on May 30th 2024. Can I apply for OPT while the green card application is underway? Thanks!
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answered on Jan 3, 2024
Yes, as an F-1 student visa holder, you can apply for Optional Practical Training (OPT) while your marriage-based green card application is in progress. OPT allows you to work in your field of study for up to 12 months, and it can be extended for certain STEM degrees. Your eligibility for OPT is... View More
Hello everyone. Me and 3 other family members got our GC via a VAWA self petition on January 30, 2020. The abuser at the time was a GC holder himself but he naturalized in October 22, 2020. I applied for citizenship on October 24, 2023 under 3 year rule as a VAWA recipient. I have 2 main questions:... View More
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answered on Dec 29, 2023
Regarding your first question, under the 3-year rule for spouses of U.S. citizens, eligibility for naturalization generally begins three years after obtaining lawful permanent resident status (Green Card). However, since your Green Card was obtained through a VAWA self-petition, the circumstances... View More
I came to America on 06/2022 J1 (I came with work and travel)
Then I turned it into F1.
I have never been stateless for a day.
I applied for asylum while I was going to school. I did not apply for a Work permit for Asylum So I did not benefit from any of its benefits.... View More
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answered on Dec 17, 2023
Based on the details provided, here are a few key points and recommendations on how to proceed:
- Since you have a pending asylum application but have not received any benefits from it (no EAD card or asylum status), withdrawing it should not complicate your marriage green card case.... View More
Hi there, my mother petitioned me in 1992 and got current in 2010 but failed to proceed with it. My mom passed away in 2014, me and my husband entered USA in 2012 with r1 and r2 visa that expired last 2016. we’re currently staying here in NJ. Then my brother, an american citizen who also lives... View More
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answered on Dec 15, 2023
In your situation, there is a possibility to request a humanitarian reinstatement of the petition filed by your late mother. Humanitarian reinstatement is a discretionary relief provided by U.S. Citizenship and Immigration Services (USCIS) for beneficiaries of family-based immigration petitions... View More
Hi there, my mother petitioned me in 1992 and got current in 2010 but failed to proceed with it. My mom passed away in 2014, me and my husband entered USA in 2012 with r1 and r2 visa that expired last 2016. we’re currently staying here in NJ. Then my brother, an american citizen who also lives... View More
answered on Dec 15, 2023
You have acquired more than 1 year of unlawful presence in the USA, so if you LEAVE, you will face a 10 year bar to returning to the USA. Your unlawful presence will prevent your F4 adjustment application. However, you may be eligible under section 245(i) of the INA, since your mom filed for you in... View More
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
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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
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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
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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 have been working for a software company on an H1B visa since October 2023. I am residing in the same city. My H1B petition and LCA have been filed accordingly. Now, I have started working on a new project which allows me to do remote work. So, I am planning to move out of the state and reside... View More
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answered on Dec 15, 2024
When considering a temporary relocation while on an H1B visa, the requirements depend on several key factors. The law generally requires an amendment and new LCA if you work from a location outside the geographic area covered by your original LCA, even for remote work.
Your situation -... View More
Can a US citizen in NJ be accused of harboring his undocumented immigrant brother if his mailing address is being used by his brother? The brother who is undocumented does not live in their house. He lives in an RV Park.
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answered on Dec 14, 2024
Based on U.S. immigration law, simply allowing someone to use your mailing address does not constitute harboring an undocumented immigrant. The legal definition of harboring typically involves concealing, housing, or shielding someone from detection by authorities.
Since your brother is not... View More
Hello,
My passport is valid until April 2025 and have initial H1B visa stamping on this passport until Oct 2024. I changed my employer and got i797 approval until Dec 2026 in Jan 2024. After getting approval I travelled to India in March 2024 and returned to USA without visa stamping since... View More
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answered on Dec 11, 2024
Based on your situation, you would not be eligible for automatic visa revalidation (AVR) at this time. The key issue is that your current visa stamp and new I-797 are from different employers, which disqualifies you from using AVR to reenter from Canada or Mexico.
The automatic visa... View More
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answered on Dec 7, 2024
For the I-864 Affidavit of Support, you can indeed use income reported on Form 1099-R as part of your total household income calculation. This includes retirement income, pensions, and annuities that are reported on this form.
When calculating your income for the I-864, you'll need to... View More
My wife (Canadian citizen) is filling her application N-400 for citizenship. In one of the questions, she's asked if she has been cited by an immigration official for any reason. In 2019 when she tried to obtain TN visa as part of NAFTA, her visa was denied at Toronto airport and she was... View More
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answered on Nov 18, 2024
Yes, you should mark "Yes" on the N-400 form regarding being cited by an immigration official, as the I-275 form constitutes an official immigration documentation of the visa denial and withdrawal of application.
When answering questions on immigration forms, it's always... View More
Should I file B2? And wait for H1B transfer to be filed to maintain legal status
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answered on Nov 15, 2024
Your grace period ending on November 29th creates a time-sensitive situation that needs careful attention. Filing for B2 status before your grace period expires could help maintain your legal status while waiting for the H1B transfer process.
If your new employer hasn't filed the LCA... View More
I am married to his father who is in the USA under a TPS status. we were married in 2022. for a few months my stepson was relocated to Dominican republic, due the the high rate of violence, and lack of infrastructure. he was recently deported back to Haiti because of the huge immigrant clean-up... View More
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answered on Oct 10, 2024
I'm sorry to hear about the difficulties you're facing in bringing your stepson to the United States. It must be incredibly stressful dealing with these urgent circumstances.
Given that your husband is in the U.S. under Temporary Protected Status and you're married to him,... View More
Two main questions.
1) Is it legal to sell the website in case someone makes an offer?
2) Can the website be monetized? Like through subscriptions or donations. Possibly setting it up as a company of some sort
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answered on Sep 30, 2024
If you are an F1 student in the U.S., you need to be cautious about engaging in any kind of employment, including monetizing a website. Selling a website is considered a transaction, and since F1 students are limited to certain types of work (like on-campus jobs or approved internships), selling a... View More
Current Status of the Employee:
The employee holds an I-485 EAD, and their I-485 has been pending for over 180 days, with a priority date of July 2013. They have approved I-140s for both EB2 and EB3. Initially, they filed under EB2, downgraded to EB3 for the I-485, and then interfiled with... View More
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answered on Sep 18, 2024
Yes, you can join the new company, assuming the job is in the same or a similar role, even if the company cannot provide a new 485J. Since your I-485 has been pending for over 180 days and your previous 485J has been approved, you are not necessarily required to submit a new 485J immediately upon... View More
I currently live in New Jersey, USA, on an L1B visa, and my wife holds an L2 visa. We’re considering starting an LLC for a wholesaling business, which would involve my wife and my brother (who lives outside the U.S.). I would only act as a silent partner, providing financial investment if needed,... View More
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answered on Sep 12, 2024
As an L1B visa holder, your primary focus must remain on your employment with the company that sponsored your visa. Engaging in any form of active management or employment in a business outside of your L1B sponsor could potentially violate the terms of your visa. However, passive investment, where... View More
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