Good morning, I got married to a us citizen in August last year in the US. I am a German citizen. I went back to Europe after our wedding and returned to the US in October 2018. We filled i130, i485 and i765 concurrently in November. Since then we have been waiting for approval. The petition got... Read more »
Sounds like something is amiss. Generally when you file an I 130 I 485 package you have your interview for both your I 130 and I 485 at the same time, at your local field office inside of the U.S. Usually you will receive an answer as to both the I 130 and the I 485, although not necessarily at... Read more »
As part of the requirements for citizenship a person must show they possess good moral character during the statutory period leading up to their application for naturalization. The officer is likely requesting your police records to determine whether you meet the standard of a person of good moral... Read more »
A criminal conviction will not impact your status as a United State citizen.
I am from India. I am currently doing my PhD in US and I have lived in US for 5.5 years. I earned Master's degree in the first 2 years, I worked on OPT for the next two years and joined PhD program in August 2017. While I was working on OPT, my employer applied for H1-B in April 2017 and my... Read more »
As long as you are completely honest with USCIS, and legitimately in a PhD program, it is unlikely it will be issue. People nearing the end of their education are usually also looking for jobs and sometimes change course whether it is leaving a PhD program to accept a good job offer, or deciding... Read more »
It depends. Was the denial at USCIS or at the Embassy/Consulate? If the denial was of form I-129f then you can appeal. If the denial was at the embassy you cannot appeal. You will have a limited time to act. She can reapply for a visa at the Embassy/Consulate if it is still in the validity period... Read more »
so i received my green card through marriage around 2 months back and we broke up now we have a four month old baby, so if i file for divorce what is the possible way i can still have the valid green card, and can i take the shared physical custody of the child and stay here or what is the best way... Read more »
You can file an I-751 with a waiver of the joint filing requirement. This will allow you to remove the conditions on your green card and receive Permanent Residency without conditions. Each case has specific issues that may arise in the process.
How likely is that to happen during this presidential term?
It’s not very likely. Legal scholars largely agree that birth right citizenship is a constitutional guarantee. The President cannot change the constitution on his own.
The proper option is the K1 fiance visa. You will need to file an I-129f with USCIS. You will need to include the correct evidence and filing fees - the form instructions are extremely helpful in providing that information. Once your petition is approved your fiance can apply for visa to enter the... Read more »
And now I have 7 month not with her
But we both decide to back to eat other
My question is that will be hard to get ten years green card
It doesn't help that you split for a while. They give you the two year conditional to see if the marriage is for real or just a way to secure entry into the US. But it isn't the end of the world either, particularly if you are back together and never started divorce proceedings or had a... Read more »
No, a traffic ticket is not a crime, and is not a ground for deportation.
I was born in the Philippines to an unmarried US Citizen Dad and Philippine citizen mother. I have my US citizenship now, a US Consular Birth certificate of being born abroad and currently reside in the US. I was wondering if I still had my Philippine citizenship. I have done nothing to renounce... Read more »
Probably not. You need to contact the closest Philippine Consulate to inquire.
This is going to be very difficult. A conviction for the sale of a controlled substance may render you permanently inadmissible. You may want to contact a criminal lawyer to see if you can either get your conviction "vacated" or if you can get a "pardon" from the Governor of... Read more »
I am trying to file for a K1 visa. It states that I need certified copies of police and court records of any offense I was arrested for. When I was a teenager I was arrested for petty theft. I was put into juvenile diversion and did not have to appear in front of a court. The records have been... Read more »
Yes, you do. You can ask the Court where you were convicted for your Records of Conviction, expungement, etc.
How she can help me to stay legally
You need to get your deportation case reopened which you may be able to do under last week's Supreme Court decision in Pereira v. Session. Then, if entered the US lawfully, you may be eligible to adjust your status to permanent resident without having to leave the US.
Carl Shusterman... Read more »
Yes. A person traveling to the United States on a visitor visa is limited to activities related to the temporary nature of their visa. Getting married is considered a legitimate activity while on a visitor visa, and is permitted.
Can you also take up my case for citizenship and how much it costs?
We cannot quotes fees online. Schedule a legal consultation.
Carl Shusterman
www.shusterman.com
I also want to divorce my Citizen spouse (got citizenship based on my employment) in next few weeks. Will divorce also complicates me applying for Citizenship ? Do I have to wait for 5 years since my last DUI to apply for Citizenship ?
It would probably be best to wait until you have no DUIs during the past 5 years before you apply for naturalization.
I would like to know more about my Immigration case, I wen to the State 2013 as Refugee Via the UN from Turkey, we as family stated in USA for Seven Month and for some reason we must return to Turkey ( family Problems ) since 3 years we are in turkey and want to go back to the sate but we don’t... Read more »
You probably abandoned your refugee status. You should talk with an immigration attorney to see if you are eligible to immigrate to the US in any other manner.
Would this be a ground for inadmissability in future green card applications?
No, I do not believe that you would be eligible for unemployment benefits.
I got a job offer in company B with the H1b sponsored by Company B using the I-140 from Company A. Company B has said that my GC application will be started after a year.
Meanwhile if i get an offer from company C. Can I move to Company C without I-140? If not so can i use the I-140 issued... Read more »
Company will need to file an H-1B change of employer for you. Unless you have an I-485 pending, Company C will need to file a PERM application and an I-140 visa petition on your behalf in order to recapture your original priority date.
Carl Shusterman
www.shusterman.com
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.
