I am trying to figure out if K1 or CR1 is best/quickest way to proceed as I plan to start work on medical residency programme in July 2025. Do I need to tell border officer I plan to marry on ESTA? I am concerned if I am breaking ESTA rules by going there and getting married and then applying for... View More 
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answered on Sep 3, 2023
Entering the U.S. on an ESTA with the intent to marry and then adjust status can be viewed as visa fraud, which carries serious consequences. You can, however, enter on an ESTA, marry, and then leave the U.S. before your 90 days expire without adjusting status, but it's crucial to be... View More
I am on a B-1/B-2 visa and I believe I am eligible for EB-2 NIW. I am a researcher, with an advanced degree, in a niche field in which the leading countries are competing. I am from Bangladesh, married and have 2 kids. My question is: Would it be safe to apply for the EB-2 NIW on a visit to the US... View More
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answered on Sep 3, 2023
Applying for an EB-2 NIW while in the U.S. on a B-1/B-2 visa could raise issues of "dual intent," potentially risking your B-1/B-2 status. Your "admit until date" on your B-1/B-2 status will not be automatically extended merely by filing an I-140; you would still be expected to... View More
My graduation is in August 2024. Meanwhile, I am actively looking for a job. I came to the career center at my school and they asked me to apply either for CPT or OPT. Should I just tell them I already have an EAD from the asylum? Or Is this a bad idea? Would they withdraw my I-20? I am a dependent... View More
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answered on Sep 3, 2023
Informing your Designated School Official (DSO) about your pending asylum case and EAD could potentially put your F-1 status at risk, as F-1 is a non-immigrant intent visa and applying for asylum may show immigrant intent. Your DSO may choose to terminate your I-20 if they believe that you have... View More
Can I refile I-485 based on previously approved U visa.???
As I completed 3 years PRESENCE ( uscis requirement)???
Will they accept my I-485
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answered on Jul 23, 2023
Based on U.S. immigration law, if your I-485 was denied due to not meeting the required three years of presence after U visa approval, you cannot refile the I-485 based on the same U visa. The three-year requirement must be met before filing the I-485, and a previously approved U visa alone does... View More
Can I refile I-485 based on previously approved U visa.???
As I completed 3 years PRESENCE ( uscis requirement)???
Will they accept my I-485
answered on Jul 18, 2023
When you apply for adjustment of status based on having a U-visa you must submit documentary evidence establishing that you have been physically present in the United States for at least the past three years in lawful u-nonimmigrant status. In addition, depending on the amount of time outside,... View More
Like can I get a agreement written up and sign by both parties to fully free me of my affidavit obligations to support my spouse in the case he leave this marriage or lied to get a green card or have a baby while still married outside the marriage or if we separated or divorced if we was to both... View More
answered on Jun 29, 2023
You can provide in an agreement that you both waive any spousal support, whether temporary or permanent, provided it is in a proper form just like a deed. However, there are exceptions: sometimes you could have an agreement that is a complete waiver of support , but you may still have to support... View More
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answered on May 16, 2023
Bringing a person from India to the U.S. for a niche job that is difficult to find locally can be challenging, but there are some immigration options that might be applicable in such cases. Here are a few possibilities:
H-1B Visa: The H-1B visa is designed for specialty occupations that... View More
I am a civil engineer with 23 years of experience outside USA . Certificates accredited by WES.
I am here on a valid tourist visa . Can I apply for waivering of tests and get a work permit inside USA ?
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answered on May 16, 2023
As an experienced civil engineer with 23 years of experience outside the USA, you may be eligible for certain waivers or exemptions from tests or requirements when applying for a work permit in the United States. However, it is important to note that the specific rules and regulations surrounding... View More
I been living in the U.S for more than a decade now ever since I was a toddler on a green card. However, I plan to move out of the United States permanently, and go back to S. Korea to attend university there because I'm a Korean citizen. The problem is that I will be graduating from high... View More
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answered on May 16, 2023
If you are a male and a permanent resident or citizen of the United States, you are generally required to register for Selective Service within 30 days of turning 18 years old. This requirement applies regardless of your future plans to move out of the United States permanently. However, if you... View More
I been living in the U.S for more than a decade now ever since I was a toddler on a green card. However, I plan to move out of the United States permanently, and go back to S. Korea to attend university there because I'm a Korean citizen. The problem is that I will be graduating from high... View More
answered on May 8, 2023
In the United States, almost all male U.S. citizens and male immigrants residing in the U.S. who are 18 through 25 years old are required to register with the Selective Service System. This includes U.S. born and naturalized citizens, parolees, undocumented immigrants, legal permanent residents,... View More
I485 is currently pending, but the child is not included. After getting Green Card based on VAWA - will it be difficult to petition for a child who was not mentioned in i485?
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answered on May 16, 2023
When filing the Form I-485, it is important to include all eligible dependents, including children, in the application. Failure to include a child in the I-485 application may have implications for that child's immigration status and future petitions. Here are a few points to consider:... View More
I485 is currently pending, but the child is not included. After getting Green Card based on VAWA - will it be difficult to petition for a child who was not mentioned in i485?
answered on May 2, 2023
Yes, you are likely to encounter difficulty in trying to immigrate a child you failed to list on your adjustment application. At the very least you would be required to explain the reason for the omission and establish that they are in fact your child. The consequences will depend largely on the... View More
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answered on Apr 12, 2023
The date that you become a Lawful Permanent Resident (LPR) is typically determined by the date that your green card is issued by USCIS, not the date that you physically enter the United States.
When you enter the United States on an immigrant visa, your passport is usually stamped with a... View More
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answered on Apr 11, 2023
The date you become a Lawful Permanent Resident (LPR) is determined by the date on your green card, not the date your flight lands in the United States. When you enter the United States with an immigrant visa, the U.S. Customs and Border Protection officer will inspect your documents and determine... View More
Hello , I was asked to submit RFE from USCIS for my I-485 application . I have my medical done and all evidence ready and my lawyer said to just add notarized letter and RFE is good to go. I’m waiting on people to notarize affidavits. Last time I saw my lawyer myself (without my husband , for the... View More
answered on Apr 12, 2023
Immigration law issues aside, which are best left to the immigration attorneys on this forum, the general matter of discharging an attorney is a personal decision. However, as a general point for any type of legal case, it should be done properly to prevent misunderstanding, confusion, or the... View More
Hello , I was asked to submit RFE from USCIS for my I-485 application . I have my medical done and all evidence ready and my lawyer said to just add notarized letter and RFE is good to go. I’m waiting on people to notarize affidavits. Last time I saw my lawyer myself (without my husband , for the... View More
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answered on Apr 12, 2023
Yes, you have the option to submit the RFE (Request for Evidence) response yourself instead of relying on your lawyer to do it. As the applicant, you have the right to communicate directly with USCIS regarding your application.
However, before doing so, you should carefully review the RFE... View More
Hello , I was asked to submit RFE from USCIS for my I-485 application . I have my medical done and all evidence ready and my lawyer said to just add notarized letter and RFE is good to go. I’m waiting on people to notarize affidavits. Last time I saw my lawyer myself (without my husband , for the... View More
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answered on Apr 11, 2023
In general, you have the right to communicate directly with the USCIS regarding your immigration case, and you can certainly send your RFE response directly to them without going through your lawyer. However, it is important to ensure that you provide all the required information and documentation... View More
Would like to find an attorney that could talk in camera about the situation of undocumented workers injured in the working place.
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answered on Apr 12, 2023
One way to find an attorney who may be able to speak to this issue is to research law firms or legal organizations that specialize in immigration law, workers' compensation law, or labor law. Many of these firms may have attorneys who are knowledgeable about the challenges that undocumented... View More
Is it difficult
Will I be able to keep my social security disability
Can I keep my property
Will I have to comply with NYS canceled carry
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answered on Apr 12, 2023
It's important to clarify that as a US citizen, you are already considered an American national. However, if you are looking to relinquish your US citizenship and become a US national without citizenship, there are a few things to consider:
The process of relinquishing your US... View More
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answered on Apr 6, 2023
As an 18-year-old, you may be eligible to sponsor your husband for immigration to the United States. However, there are several requirements that you must meet in order to do so.
Firstly, you must be a U.S. citizen or a lawful permanent resident (green card holder) to sponsor your husband... View More
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