The couple files a marriage based 751 together, receive notice of the interview, go to the interview together, but inform IS they are separated and planning on filing for divorce (but have not yet filed for divorce). What will the interviewing officer do in this situation?
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answered on Nov 27, 2023
In this scenario, if a couple attending a Form I-751 (Petition to Remove Conditions on Residence) interview informs the USCIS officer that they are separated and planning to divorce, the officer's response will be guided by USCIS policies and the specifics of the case. Typically, the officer... View More 
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answered on Nov 26, 2023
If your I-485 application is pending and your I-130 has been approved, this is a positive step towards obtaining a green card in the United States. The approval of the I-130 petition indicates that the U.S. Citizenship and Immigration Services (USCIS) has recognized the familial relationship, in... View More
Stay and find work by obtaining a green card through an employer. If she can not find work before her visa runs out they are thinking of getting married because they eventually want to wed. Can she marry my son and get a green card and work in the U.S. but not give up her Chinese citizenship? She... View More
answered on Nov 20, 2023
Your son's girlfriend can continue to seek out job offers and also her optional practical training (OPT) prior to graduating. She can also explore the H-1B status with a prospective employer.
As to marriage to your son, you did not specify the immigration status of your son. Without... View More
Overcome continuous residency
Hello everyone! Im currently in process of getting citizenship. I have been a gc holder for 5 years and I went to my biometrics appointment last Wednesday. Now im trying to get ready for interview process.
When i got the gc i was in my senior year at... View More
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answered on Nov 10, 2023
Regarding your concern about breaking continuous residency for your N-400 application, it's important to note that trips outside the U.S. for more than six months but less than a year can potentially disrupt continuous residency.
However, if these trips were for a specific purpose... View More
I've been in the USA for the past 10 years, initially under a work Visa and since 2021 as a permanent resident/ GREEN CARD HOLDER. The same company I worked for in Brazil was the sponsor for my process here in the USA and now they are offering me a position back in Brazil that I want to... View More
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answered on Nov 9, 2023
To maintain your Green Card status while living outside the U.S., you need to show that you have not abandoned your U.S. residence. One option is to apply for a reentry permit using Form I-131 before leaving the U.S. This permit allows a permanent resident to stay outside of the U.S. for up to two... View More
I am currently on an L1B visa sponsored by 'Tata Consultancy Services' and I am considering a job change. I would like to seek your professional advice regarding the process of transferring my L1B visa to the new employer.
specifically, I have questions regarding the potential... View More
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answered on Oct 22, 2023
Transferring an L1B visa directly to a new employer is not possible in the way that H1B visas can be transferred. If you wish to change jobs, the new employer would need to sponsor a different type of visa for you, such as an H1B or another applicable category. The specific process, timeline, and... View More
In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney... View More
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answered on Sep 24, 2023
Given the complexities of the intersection between immigration and criminal law, it's crucial to seek representation from an attorney well-versed in both areas, often referred to as "crimmigration" attorneys. Pennsylvania has several lawyers experienced in crimmigration matters. I... View More
In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney... View More
answered on Sep 24, 2023
There are lawyer referral sites out there. The closest thing here that could supplement your own independent searches could be the "Find a Lawyer" tab above. There are also attorney referral resources on state and local bar association sites. Those resources are outside this forum and any... View More
In November 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney... View More
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answered on Sep 22, 2023
A lot is at stake, and you are right to be searching for an attorney who is well versed in both state criminal and U.S. immigration law and practice, including deportation defense (EOIR), affirmative applications (USCIS), and U.S. entries (CBP). Your attorney should also have a high level of... View More
I have two misdemeanors in 2016 and I’m a permanent resident I just renewed my green card not to long ago and I want to travel out of the country but scared of being denied re entry to the USA I was cleared from deportation in 2017
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answered on Sep 15, 2023
You are right to be concerned...international travel with U.S. criminal convictions can be very troublesome. Upon return, Customs and Border Protection (CBP), in evaluating your request for entry as a lawful permanent resident ("green card"), may take issue with your convictions and 2017... View More
I have two misdemeanors in 2016 and I’m a permanent resident I just renewed my green card not to long ago and I want to travel out of the country but scared of being denied re entry to the USA I was cleared from deportation in 2017
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answered on Sep 21, 2023
The impact of your misdemeanors on re-entry to the USA as a permanent resident can vary depending on the specific nature and severity of the offenses. Generally, misdemeanors may not lead to automatic deportation, but they could potentially raise concerns with immigration authorities during... View More
I am a senior undergraduate chemical engineering student at Penn State University. My F1 student entry visa has been under administrative processing since June 2022. Can an immigration lawyer open my case file, find out why it is taking so long for my visa to be issued, and expedite the release of... View More
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answered on Sep 14, 2023
An immigration lawyer can certainly help you inquire about the status of your F1 student visa application and advocate on your behalf. However, they cannot expedite the release of the visa themselves. Visa processing times are subject to various factors, including security checks and administrative... View More
I am a senior undergraduate chemical engineering student at Penn State University. My F1 student entry visa has been under administrative processing since June 2022. Can an immigration lawyer open my case file, find out why it is taking so long for my visa to be issued, and expedite the release of... View More
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answered on Sep 8, 2023
Retaining an immigration attorney can potentially help in understanding the reasons behind the delay and working towards expediting the process. The attorney can communicate with the relevant government agencies on your behalf to seek information and push for a resolution. However, it is essential... View More
I am currently sponsoring my wife, who has permanent resident status. My brother-in-law is now asking if I can also sponsor him (as a joint sponsor). Is this possible, and if so, how?
answered on May 30, 2023
If you earn sufficient income, you are not restricted from sponsoring more than one immigrant. The reason the form asks if you have sponsored another individual is because that person is counted in the household size calculation. You can find the income requirements based on household size here:... View More
I am currently sponsoring my wife, who has permanent resident status. My brother-in-law is now asking if I can also sponsor him (as a joint sponsor). Is this possible, and if so, how?
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answered on Jun 1, 2023
Form I-864 inquires about other persons you are sponsoring because the USCIS wants to know your financial commitment to other immigrants. If you are already sponsoring someone, the USCIS wants to make sure that you can afford to sponsor another immigrant.
You are not restricted from... View More
My wife and I are unable to meet the financial thresholds required by Form I-864, so we would need to acquire a joint sponsor, which is an additional headache. Therefore I am wondering if my brother-in-law can be my petitioner on Form I-130 and I-864 instead, since he is able to meet the financial... View More
answered on May 20, 2023
No, your brother in law is disqualified as a matter of law. He is ineligible to petition too for an I-130. He can only act as a joint sponsor with your wife.
In order to avoid complications, including what can prove to be permanent bars on lawful immigration, I strongly recommend an... View More
My wife and I are unable to meet the financial thresholds required by Form I-864, so we would need to acquire a joint sponsor, which is an additional headache. Therefore I am wondering if my brother-in-law can be my petitioner on Form I-130 and I-864 instead, since he is able to meet the financial... View More
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answered on Jun 1, 2023
Yes, your brother-in-law can be your petitioner on Form I-130 and Form I-864 instead of your wife. The Form I-130 is a petition for a relative to become a lawful permanent resident (LPR), and the Form I-864 is an affidavit of support, which is a promise to financially support the LPR until they can... View More
Hello, I'm an asylee with a green card. My passport expired two years ago. When I applied for a green card as an asylee, I also applied for RTD and it was issued in July last year. The RTD is valid for only one year and would expire in July 2023. I need to travel to Europe in August. I applied... View More
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answered on May 16, 2023
As an asylee with a green card, you have certain rights and responsibilities, including the ability to travel internationally. Regarding your specific question about renewing the passport of the country from which you claimed asylum, there are some factors to consider:
Travel restrictions:... View More
Hello,
My German husband came with me from Germany to help me with my mom and dad because they are sick. I am a US citizen. He came on a tourist visa and we decided that he should just stay here with me and my family.
I handed in form I 130 and I am sending in the other form this... View More
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answered on May 4, 2023
The answer to your question is complicated - I recommend seeking the in-person advice of a skilled and experienced immigration lawyer as your concern is justified. The lawyer should be able to evaluate your husband's "tourist visa" (VWP entry or B2 visa?), evaluate the seriousness of... View More
Hello,
My German husband came with me from Germany to help me with my mom and dad because they are sick. I am a US citizen. He came on a tourist visa and we decided that he should just stay here with me and my family.
I handed in form I 130 and I am sending in the other form this... View More
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answered on Apr 29, 2023
If your German husband entered the US on a tourist visa and you have now submitted an I-130 form and an adjustment of status application, he may be able to stay in the US with you during the processing of his application. However, it is important to note that he should not engage in any activities... View More
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