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married to a resident but his green card is expired can i apply for I 130 still despite green card being expired or do i have to renew gia green card first
answered on Jan 15, 2024
Yes, your permanent resident spouse can file a petition for you, even if their green card has expired. They do not have to renew their green card first.
Be aware that USCIS may later request evidence of their lawful immigration status. It is advisable that while the I-130 is filed, that... View More 
married to a resident but his green card is expired can i apply for I 130 still despite green card being expired or do i have to renew gia green card first
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answered on Jan 10, 2024
If your spouse is a lawful permanent resident (green card holder) and their green card has expired, it is generally advisable to renew their green card before filing an I-130 petition for you as the spouse. Having an expired green card could potentially complicate the immigration process, and... View More
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answered on Jan 10, 2024
Yes, you can file for relief under the Violence Against Women Act (VAWA) even if you have been married for seven years. VAWA provides a path for certain spouses, including those of U.S. citizens or Lawful Permanent Residents (LPRs), to seek a green card independently if they have been victims of... View More
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answered on Jan 10, 2024
Yes, you may be eligible to file a VAWA (Violence Against Women Act) self-petition if you have been married for seven years and have experienced abuse from your spouse. VAWA allows certain spouses, children, and parents of U.S. citizens and permanent residents to file a self-petition for... View More
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answered on Jan 11, 2024
If your U.S. spouse is treating you badly or being abusive, you might be eligible for VAWA. The key is to show that you entered the marriage genuinely and not just for immigration perks. To prove the abuse, having witnesses, police reports, medical records, or anything else backing up your case can... View More
I have a 10 year permanent resident card (green card) and I'm currently completing my master's degree abroad. I understand that I cannot stay more than 180 days continuously outside the US, otherwise I risk losing my permanent residency, however, I would need to stay abroad for about 9... View More
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answered on Jan 9, 2024
As a permanent resident, your concern about maintaining your status while studying abroad is valid. The rule you're referring to typically states that staying outside the U.S. for more than 180 days can affect your permanent residency status.
Returning to the U.S. for a short period,... View More
I have a 10 year permanent resident card (green card) and I'm currently completing my master's degree abroad. I understand that I cannot stay more than 180 days continuously outside the US, otherwise I risk losing my permanent residency, however, I would need to stay abroad for about 9... View More
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answered on Jan 11, 2024
From a technical standpoint, resetting the clock might be possible by entering within six months and leaving right away. However, for folks in your shoes, securing a re-entry permit could be a smarter move. With that, you might have the option to stay outside of the USA for approximately two years... View More
I accepted an offer from a company A and it filed for my H1-B transfer under premium processing. Now as the joining date is approaching, I got an offer from another company and I am reconsidering joining company A. Can company A ask me to reimburse the visa fee if I decide not to join them? I... View More
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answered on Jan 8, 2024
Based on the language in your offer letter, it seems that Company A might have grounds to request reimbursement for the H1-B visa transfer costs if you decide not to join them. The statement regarding repayment of amounts owed under the agreement, coupled with the clause about Company A paying for... View More
I accepted an offer from a company A and it filed for my H1-B transfer under premium processing. Now as the joining date is approaching, I got an offer from another company and I am reconsidering joining company A. Can company A ask me to reimburse the visa fee if I decide not to join them? I... View More
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answered on Jan 11, 2024
It looks like more of a contractual matter than an immigration issue. When you accepted their job offer, there was an understanding that you'd join them, and they began making financial commitments on your behalf. Now, by stepping back, they might have the right to recover the expenses... View More
Hello,
I am about to quit a postdoctoral position at a state university. I plan to give a 2-week notice. However, I suddenly noticed my postdoc employment contract states that I'm required to give at least 90-days notice for termination prior to contract expiring date. This is absurd... View More
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answered on Jan 4, 2024
In your situation, the enforceability of the 90-day notice requirement in your employment contract largely depends on the specific terms of the contract and the applicable state and federal laws. If the contract is legally binding and the 90-day notice is a clear term within it, then it may be... View More
I received my OPT approval with start date of 11/21/2023 while my request start date was 02/05/2024.
My graduation date was 12/19/2023.
I contacted USCIS and mailed back my EAD card with a letter explaining the issue and also proof of documents to justify the same.
However... View More
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answered on Jan 4, 2024
In your situation, dealing with a discrepancy in your OPT EAD start date, you've already taken the correct initial steps by contacting USCIS and submitting a request to correct the error. However, given the lack of response for 1.5 months, it's important to follow up more assertively.... View More
He can take any other action. Our relationship is not good.
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answered on Jan 1, 2024
If you are in the United States on a green card obtained through your spouse, your immigration status is somewhat tied to your marriage, especially if it's a conditional green card (which is typically issued when the marriage is less than two years old). However, your husband cannot directly... View More
He can take any other action. Our relationship is not good.
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answered on Jan 1, 2024
If I understood correctly, you're concerned about your immigration status in the United States in the event of a divorce from your spouse. Since your green card is still conditional and valid for two years, your status is somewhat dependent on your marital situation. However, even in the case... View More
I am currently working as a software engineer at a media & entertainment company while on my STEM extension and wondering this would be considered "for professional benefit" if I volunteer as a photographer as a hobbyist for a local high school sports team. I did get paid as a... View More
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answered on Dec 31, 2023
Most likely, volunteering as a photographer for a local high school sports team, especially since it's a hobby and you're not getting paid for it, will not be problematic for your STEM extension status. Voluntary activities that are not for compensation typically don't conflict with... View More
I am currently working as a software engineer at a media & entertainment company while on my STEM extension and wondering this would be considered "for professional benefit" if I volunteer as a photographer as a hobbyist for a local high school sports team. I did get paid as a... View More
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answered on Dec 31, 2023
Volunteering as a photographer, especially in a capacity unrelated to your employment as a software engineer, generally should not pose an issue with your STEM extension status. The key factor to consider is ensuring that your volunteer work does not conflict with the terms of your employment and... View More
My friend came to visit the U.S and also came to get married, they denied him to enter the USA because he didn't have the proper visa to come get married in the US according to custom and border. He had an esta , The US custom and border assumed he had an intent to migrate. Now his fiancé... View More
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answered on Dec 26, 2023
Being denied entry at a port of entry is not typically classified as a formal immigration proceeding. Instead, it's an enforcement action taken by U.S. Customs and Border Protection (CBP) based on the determination that a person may not be eligible to enter under their current visa status or... View More
My friend came to visit the U.S and also came to get married, they denied him to enter the USA because he didn't have the proper visa to come get married in the US according to custom and border. He had an esta , The US custom and border assumed he had an intent to migrate. Now his fiancé... View More
answered on Dec 26, 2023
No, admission denial at a port of entry is not a formal immigration proceeding. However, this information will remain in his immigration file. So, he should be candid with US immigration when seeking any future immigration benefits. If your friend had a B1/B2 visitor visa but told the officer at... View More
I'm an asylee from Egypt who has just got his Green Card (after receiving asylum on the grounds of fear of returning to Egypt). I want to know if I can travel using the Green Card + Egyptian passport or if there are any restrictions. I'm getting conflicting info about the need for a... View More
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answered on Dec 26, 2023
As an asylee who has received a Green Card, traveling outside the United States comes with certain considerations. Your Green Card allows you to re-enter the U.S. after traveling abroad. However, using your Egyptian passport can be complex, especially given your asylum status.
It's... View More
Is there any way this case could be reinstated? If i leave the USA and then come back a week after spending 6 months would that be okay? Do i have to file an 1-130 again?
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answered on Dec 22, 2023
If your case was terminated by the National Visa Center (NVC) due to dormancy, it indicates that there was a prolonged period of inactivity in your case. However, there might be a possibility to reinstate the case, depending on the specifics of your situation.
To explore reinstatement, you... View More
Can a greencard holder in removal proceedings due to abandonment charges adjust status with an employment based green card?
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answered on Dec 22, 2023
If you're a green card holder facing removal proceedings due to abandonment charges, the possibility of adjusting status through an employment-based green card can be complex and depends on specific circumstances. Generally, being in removal proceedings can complicate any attempts to adjust... View More
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