Get free answers to your Immigration Law legal questions from lawyers in your area.
My ex-wife received her two year green-card 9/2022, and we have not received the divorce decree yet. Once we receive it, I'm sure she will want to apply for her 10 year green-card, so she will have to attempt to have the conditions dropped and apply for a divorce waiver, correct? At such a... View More 
answered on Aug 10, 2023
This is not a Family Law question. This is an immigration law question and you need to post to that forum.
Hello, I want to start a K1 petition for my fiancé we have a child together but when the child was born I did not put the fathers name on the birth certificate because I needed his permission to obtain a US passport and since he is not in the United States I was told it would be easier for me to... View More
answered on Aug 9, 2023
Bad information and gossip can prove costly and detrimental. This decision complicates matters, but more delay will make matters worse. I strongly recommend an appointment or Zoom Meeting with a competent and experienced immigration attorney as soon as possible. More ought to be done, sooner!
Dear attorney,
Good morning. Please I have few concerns and do need your assistance with getting answers so I can fix them.
I met my fiancé not long ago and presently he applied to have his passport issued to enable him come to my country to get married to me. He is a US citizen.... View More
answered on Jul 18, 2023
To be considered a stepchild of a United States citizen, the marriage between the biological parent and the USC spouse must occur while the child is under the age of 18. As such, if your marriage occurs after your child is already 18, your spouse would be unable to petition for him.
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
New hire does not have US citizenship but has had SS number since graduate school and has paid taxes while working in NY but will now be working outside of NY, USA; that is Jamaica.
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answered on Jul 6, 2023
When hiring a non-resident who is moving back to their home country (in this case, Jamaica) and will be working outside the USA, it is important to consult with an employment attorney or tax advisor to understand the specific legal and tax requirements. Worker's compensation, FICA, and other... View More
I have screenshots showing she violated her work authorization, before receiving it, and her not taking our marriage seriously on multiple occasions, and her talking me into going along with it and plotting it. She swore to me it was a real marriage at times, but many other times it's clear... View More
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answered on Jul 6, 2023
If you have evidence of your ex-wife defrauding USCIS and violating the terms of her green card, it may be worth reporting it to the appropriate authorities like USCIS. Reporting fraud can have implications for both parties involved, and seeking legal counsel will help you navigate the process and... 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
I have not been arraigned. I received a ticket to appear on July 3rd but work has me out of the country from June 26-August 3. Will I have an issue traveling between the US and Mexico? I have retained a lawyer he was unsure if I could leave the country. I never was brought down to jail just... View More
answered on Jun 22, 2023
Depends on your conditions of release. You should be retaining an attorney as soon as humanly possible.
Hello, as an international student in the USA, I got dismissed from college on June 12th, 2023. My appeal was rejected and now I'm looking to apply for reinstatement. what is my next step in this case or how does the reinstatement work in general? thank you in advance
answered on Jun 18, 2023
This sounds more like an education law matter than an immigration law matter. But it would be difficult for any type of attorney to advise on your next step, based on the brief facts here. Reinstatement could depend on an academic institution's specific rules and policies. An attorney could... View More
I am currently on my final year of H1B and my company is unable to file my PERM because of layoff.
What could be my possible options.
answered on May 9, 2023
Rather than leave the US, you can explore other temporary work visas that you may be eligible for.
Please see https://www.shusterman.com/temporaryworkingvisas/
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
My citizenship if I have felony
answered on May 8, 2023
No, since you acquired US citizenship through a parent, it can not be taken away.
Please see https://www.shusterman.com/citizenship-through-parents/
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 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
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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
Does this count for the "more than 6 months spent travelling outside of the country" rule? Does this affect the date I can apply for citizenship?
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answered on Apr 11, 2023
The date you became a Lawful Permanent Resident (LPR) for naturalization is the date that appears on your green card. This is typically the date that the U.S. Citizenship and Immigration Services (USCIS) approves your application for adjustment of status to that of a lawful permanent resident.... View More
Without the green card.
answered on Mar 17, 2023
Once stamped, the immigrant visa is valid for one year and as long as you are still in that one-year period, then you can travel on it. There is a notation on the visa itself that states: Upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year.
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answered on Mar 2, 2023
Form 6-2 is the Petition for Appointment of Guardian for a Minor. In New York State, this form is used to initiate a legal proceeding to have a guardian appointed for a child who is under the age of 18 and not emancipated.
The process for filing a petition for guardianship varies depending... View More
position if I move to NY. I do not have a 4 year degree but have a 2 year plus years of experience for my position in graphic design. Which, if any program (work visa) do I qualify for?
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answered on Mar 2, 2023
As a Canadian citizen, you may be eligible to apply for a nonimmigrant work visa to work in the United States for a temporary period of time. The specific work visa program that you may qualify for depends on your job duties, your employer, and the duration of your employment.
One option is... View More
I am married to a US citizen and applied for green card . I received my EAD and travel document. I also have a pending asylum case that is open. My best friend is getting married in Portugal and my brother in law is also getting married in Mexico this year which I really want to attend. I still... View More
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answered on Feb 28, 2023
It is generally safe to travel outside the United States with a valid travel document (I-131) if you have pending immigration applications, such as a pending adjustment of status application or asylum case. However, there are some factors to consider before traveling.
Firstly, it is... View More
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