Get free answers to your Immigration Law legal questions from lawyers in your area.
I have an issue that involves divorce with domestic violence and abuse. I would like to file a civil suit against my spouse for the abuse and for emotional distress and the therapy that I will need due to the abuse. An immigration issue is involved as well. How do I figure out the best attorney and... View More 
answered on Jul 8, 2020
A lawyer would really need to hear all your issues to determine the answer to your question. Second you may need more than one attorney, but its best again that the attorney recommend someone he knows so that they can work well together. It all starts with a phone call so start calling around.
I am F1 student inside USA. I got my h1b picked under h1b masters cap and approved on june 18 will the new proclamation stop me from starting work on h1b from oct 1 or does it only apply to those outside USA.
answered on Jul 5, 2020
Hi, the new trump proclamation went into effect June 24th. It simply blocks/decrease approval for new applications for work visas. if you have already been approved, you should be ok to continue on your H1b.
This is not legal advice****
She was born near Mexico and near the states.She does have a birth certificate and a passport but she is not a citizen here.she is also 19 and trying not to get kicked out. Her parents revealed the truth a few months ago so I want to know what we can do so she can be able to stay here.
answered on Jun 24, 2020
It depends. She may eligible for DACA or you could marry her for a green card, if your relationship is legitimate. Talk to a lawyer.
I am worried that given COVID, it may take longer for processing. Does it make sense to apply for green card extension first and then apply for citizenship?
answered on Jun 23, 2020
USCIS has opened its offices and is processing immigration applications again and performing interviews.
i am a F1 student whose I129 is approved and my start date is in oct 1 and if trump administration gave an executive order banning h1b will it effect me i am already inside USA
answered on Jun 20, 2020
It is difficult to say because the EO has been issued yet. Likely it would affect future applicants but potentially could affect you as your visa is not yet in effect. We will have to wait and see.
I am currently planning on visiting South Korea this winter in need of completing my physical test for the military. It is mandatory for Korean to serve for the military for 18 months, and I am required to have my physical test done in South Korea. I was going to travel outside of the US with a... View More
answered on Jun 19, 2020
If you apply now and request the advanced parole, it should be processed in time (no guarantees). Generally, if you get advanced parole and take a short trip, you should be fine.
answered on Jun 6, 2020
This depends upon the facts and evidence.
The COVID19 virus has slowed passport processing. Many are complaining about unusually long delays in processing in excess of four to eight months.
Yet, more information is needed. Was the child born in a hospital? Or born with a midwife?... View More
Thanks for your time on this question. I have been in the States for 8+ years on H1B. Two of my past US employers got my I140 approved in 2013 and 2016 respectively. I am Indian and it will take ages for my priority date to go current. I will be changing jobs a few times in the next several years.... View More
answered on May 28, 2020
Short answer is yes. The i-140 is based upon the employer petitioning on your behalf. You are the beneficiary of the visa petition. In your query you state "it will take years for my priority date to go current." I am assuming that your preference is something less than first, as a first... View More
Hi,
I did my tax a month ago and filed by mail.
I am not sure if my taxes has been accepted.
I have my I140 and I need to submit it for immigration case.
My question is it okay to send my tax return as it is even though there is a chance it gets rejected or should I wait?
answered on May 18, 2020
From a tax perspective the return has been filed when it's placed in the mail. If something happens in the future with the IRS that will be an adjustment of that return. There's nothing that can unfile it.
I would also check with an immigration attorney to make sure the... View More
My lawyers accidentally issued the payment fee check incorrectly, which led to my extension petition rejection by the USCIS.
Because my I-94 expired before I departed from the US, I overstayed my visa even though my lawyers intended to file the extension before the I-94 expiration date.... View More
I had an L2 visa that expired on March 25.
My I-94 expired on March 31.
My spouse, L1 visa holder, had the same visa expiration date, but their I-94 has not expired yet.
We both departed on April 12.
My spouse’s company’s attorneys supposedly filed the extension... View More
answered on May 7, 2020
You did technically overstay since the filing was rejected. However, I doubt it will have any consequences. Unlawful presence is most problematic when a person remains in the USA and is trying to change status to another visa or adjust status. However that is not the case with you. For those... View More
EB1 India is currently not current and hence the question. I have got my H1B lottery selected and I'm eligible to apply. But want to understand if it will impact my Green Card processing
answered on May 3, 2020
The H1B and the EB1 are entirely different and will not affect the other, except for the info that you put into either application. If the information is consistent, then there's no problem.
My spouse is a college student. In 2017, my spouse made about $3,000 from employment, while I made about $14,000. In 2018, my spouse made about $3,000 and I made about $4,000 from employment. In 2019, we got married and filed a joint tax return for the year. In 2019, she made about $1,000 from... View More
The couple is 13 years apart and the man is of illegal status. Will there be any complications in the process of trying to get married? Also let's say the girl is trying to get a legal status for her parents, will her getting married affect that as well?
answered on Apr 30, 2020
The age difference shouldn't matter. The key for marriage based immigration is that the marriage has to be "bona fide", which means that the marriage cannot only be for immigration purposes. They have to want to be married to each other even if you remove immigration from the... View More
When I read through USCIS website, it seems fine if I have a valid L visa. However, I do not know if it is possible for me to travel outside of the US with an EAD card or when my green card is under processing.
answered on Apr 27, 2020
You should apply for advanced parole if you want to leave while your green card is pending.
In newjersey new resident of newjersey formerly north carolina
answered on Apr 15, 2020
Most forms of Medicaid is considered under the public charge rule, if it's federally funded.. See https://www.uscis.gov/greencard/public-charge. I'm unsure how the medicaid system in NJ works.
However, if it's for less than 12 months, then it's not considered. Be aware... View More
Ie will i become a public charge and my application to citizenship will be jeprodized
answered on Apr 15, 2020
No, the public charge rule or a stimulus check will not affect your naturalization application. It does not apply to LPRs nor to anyone naturalizing.
Changes show the they will be releasing inmates from prison. If an inmate has a hold on them will they be taken or will they be able to come home.
answered on Apr 13, 2020
If they have an ICE detainer, theoretically they could be picked up any time. However, the liklihood of ICE enforcing the detainer is lower now due to the pandemic. But, no guarantees.
Hi! I am in America thanks to an L2 visa. My husband’s company hired a third party to help me get my Social Security Number. I got the card last week. I did not apply for an Employment Authorization Document. In fact, I am not sure I will do it.
My question is: is it ok to have an SSN... View More
answered on Apr 13, 2020
You can have an SSN without an EAD. You just can't work until you get the EAD.
it had the date 3/3/20. My priority date is 7/3/19. Please can you explain the difference between the two dates.
I am confused please.
answered on Apr 7, 2020
The first questions means that USCIS accepted your petition and an officer is currently reviewing it. Next, the priority date is when your petition was received by USCIS. The other date is the day you were notified of the status update.
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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
