I am filing a I-130, Petition for Alien Relative form for my father who is overseas. He was a permanent resident who lost his green card status 10 years ago.
Part of the requirements of the petition is to submit my tax returns from the last three years. I have used my father as a dependent... Read more »
Here is what the IRS site states with respect to dependents claim:
You may be eligible to claim both your niece and her son as dependents on your return. In order to claim someone as your dependent, the person must be:
1. Either your qualifying child or qualifying relative... Read more »
I had an interview in NY office and my brain just frozen due to unexpected questions about my past marriage (through which I got green card), as that marriage was wreck, it took me 5 years to finally forget it and I couldn't answer simple questions to which I should have an answer. I passed... Read more »
Sounds like this is a good time to get an experienced immigration attorney. The scenario you have presented indicates that you may be charged with marriage fraud. If this occurs your naturalization will be denied and you may be referred to the immigration court for removal proceedings. You will be... Read more »
Citizenship about a year and a half ago since I was arrested in nj, they need it to a document called notice of disposition from the municipal court of Jersey City this was during peak Covid time six months ago I now live in Suffolk LI I am disabled and on disability and could not go in person so... Read more »
As a response to the notice of intent to deny, advise the USCIS that you did not receive the RFE and request it be resent to you. If you moved and did not change your address it will be considered your fault and you may be required to refile.
EWI (2004) as a minor. Received NTA but didn’t show up to hearing. (NTA did not have address, date, or time of hearing. My parents claim that they never received any other NTA with relevant information). Given my no-show, I was most likely ordered removed in absentia. Fast forward 2013, received... Read more »
There only legal recommendation I could suggest would be retaining a competent immigration counsel as you have done enough damage to your immigration matters acting without a licensed professional. If you disagree, do it yourself again.
I AM 31 YEARS OLD. MY PRIORITY DATE 07/16/2016 AND USCIS APPROVED ON 04/29/2021. HOW LONG IT IS GOING TO TAKE TO NVC TO SEND A WELCOME LETTER ANDT TO SCHEDULE AN INTERVIEW
It depends on the country you are from. Check the Department of State Visa Bulletin.
if i'm a green card holder and i want to marry someone who's staying here temporary (student visa) can i apply for a green card for my spouse, or only citizens can do that?
Thanks!
Yes. You can file a petition for your spouse, which is the first step in obtaining permanent residency. There will be a brief wait period after approval since you are not a U.S. citizen. If your spouse maintains lawful status in the United States during this entire time, then he or she may be... Read more »
Assuming you married and now have step children, yes you must file a separate petition for each person.
I’m a US Citizen and I want to marry my boyfriend from DR to petition for him as an immediate relative. He tells me that his mom was petitioned by her sister who is an LPR a few years ago when he was still a minor and that he’s considered a “derivative beneficiary” under his mother. If I... Read more »
No. The pending petition filed on behalf of his mother will not be effected.
The reason to provide the paystubs is to show that you are still employed by the same employer. If you are not asked to produce them in an RFE, I suggest you bring most recent paystubs to your interview.
You are not eligible to sponsor her until you naturalize.
I am under gay asylum. And in a gay marriage. Just heard it’s a new law that green card holder is the same as a citizen now. At least close. Could it be more fast and easy to get documents through my marriage?
You heard wrong: whole your asylum case pending it does not confer status (unless you somehow maintained a student F-1 visa for that long, which is doubtful).
The fact that you are married to the LPR does not open up an immediate legal path to adjust to LPR as your spouse must naturalize... Read more »
I got my adjustment status pending,
Filed it July of 2018 in NY, then moved and changed an address to Florida in January of 2019,
now they say security checks pending..
Why is it that slow, I have no criminal records, never had one..
How to move it from a dead point?
It is a typical situation as the personnel shortage, changing the address, pandemic case backups and other USCIS priorities create a definite delay for many applicants.
You may call the USCIS Customer Service number from your received correspondence, ask to speak with a live agent from... Read more »
Hi I want to apply for my citizenship. My spouse citizenship is denied for not submitting the RFE’s because her attorney told that not to submit. Because it can leads to her to removal proceeding. This situation will cause any problem in my citizenship application if I applied for citizenship .... Read more »
This situation definitely may create a domino effect if your spousal’s situation is examined for possible immigration fraud.
I suggest consulting without any delay with an experienced immigration attorney.
There is no room for mistake here.
I am a resident of New York State who is currently living and working in the country of Qatar and I plan to marry my Filipino fiance in the country of Georgia in November and apply for a spousal visa to the United States afterwards. And I just wanted to make sure that a marriage in the country of... Read more »
In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is... Read more »
Hi, I have been working with a lawyer for my NIW and I-485. My case is ready to file and I have paid all his fees. But he is now saying that due to the huge caseload he cannot file my case for several weeks. Can you please suggest what should I do and how much does an attorney costs for just... Read more »
There is no "standard" fee for such work. The best way to find out cost is to call around attorneys who handle this type of work, explain the situation and ask for a "quote". However, you will likely have a hard time finding an attorney to "take over" the filing and be... Read more »
Can my wife apply for a green card if I do not have my own apartment yet? I was residing outside of the US since I turned 18, and was living with my girlfriend, but now I am back in the US and live with my mom temporarily. Can my wife apply even though we do not have our own apartment in the US... Read more »
Having your own place to live is not a pre-requisite to filing for adjustment of status. It would be helpful to have your mom complete an Affidavit affirming that you are living with her and state other facts that give your mom no doubt that you are a "true" (vs. fake) marriage. I... Read more »
Whether you can file the I-485 now or should have filed it concurrently with the I-130 depends on the relationship between the petitioner and applicant.
You have the option of doing the research yourself at USCIS.gov. Read the eligibility requirements for the I-130 and I-485.
I applied for abuse case over 6 months I haven't got anything yet I was asked for RFE 100 days ago my lawyer keep saying that we need to wait till deadline
It is NOT a good idea to wait for the deadline. Number one; you are delaying a decision. Number Two; you risk filing late if an unexpected disaster occurs.
If the RFE is for documents that are required for a Prima Facie decision then you will not receive an EAD until the RFE is responded to.
I work in NYC, at will, salaried. My employer requested that I share my diploma and transcripts so that they can share them with immigration officials to help a new hire get a work visa. My employer did not indicate that the request was optional. Can they legally request that? Can they share my... Read more »
The USCIS has gotten extremely obnoxious to employers for H1-b visa applications. The unrighteous restrictions placed upon lawful non-immigrant/immigrant employment visa applicants smothers the U.S. economy due to bigotry and ignorance. They used to allow 200,000 H1b visas in the 1990s, but it... Read more »
I am assisting a young man (23yr old) who will graduate from college but who cannot proceed with things like drivers license, employment, etc, due to a troubled childhood situation in which his name was changed numerous times. The birth certificate (issued in New York City) has questionable... Read more »
This would be best handled by a civil litigation attorney as it sounds like it involves several name changes or may require one now. You may be able to get free help from legal aid clinics but if not you can always reach out to attorneys directly and ask if they would help for free. Best wishes!
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.
