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he is currently incarcerated in houston
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answered on Mar 5, 2024
Showing up at court on behalf of someone who is incarcerated can demonstrate support and concern for their situation. While you cannot represent him legally unless you are a licensed attorney, your presence might offer emotional support and show the court that he has a network of people who care... View More 
My friend’s US student visa was cancelled back in 2016 because they were arrested for a fight at their school, and they were forced to return home. Can he now return to the US on a tourist visa for a 5 day family trip?
What steps would he have to take in order to be permitted into the country?
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answered on Mar 5, 2024
If your friend's student visa was cancelled due to an arrest, reapplying for a U.S. visa, such as a tourist visa, involves disclosing this past event during the application process. The U.S. Department of State requires all visa applicants to answer questions about their criminal record, and... View More
I have a green card.
I applied for a REENTRY Permit before leaving.
March 2022: Travel document notice received.
April 2022: Biometrics completed.
May 2022: left USA due to medical reasons.
(I am still out of US)
January 2024: Received Travel... View More
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answered on Feb 29, 2024
Based on the details provided, you should be okay to reenter the United States with your valid reentry permit. Some key points:
- You properly filed for a reentry permit before leaving the U.S. and completed the biometrics appointment. This was important to show your intention to remain a... View More
Arrived in the United States on a H4 visa in 2022.
- Transitioned to an H1-B visa in October 2022, although it remains unstamped.
- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.
- 2023 W2 reflects only $18,560 due to an unpaid maternity leave... View More
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answered on Feb 26, 2024
The discrepancy between your LCA wage and your actual earnings as reflected in your W2 due to unpaid maternity leave and reduced work hours could raise questions regarding your H1-B status compliance. It's crucial to address this proactively with the immigration authorities to avoid potential... View More
I'm an international student with an F1 visa, living and studying in Texas. My spouse has an F2 visa. My medical insurance through the university does not cover my spouse. Would they be eligible to enroll in health coverage through the HealthCare.gov Marketplace?
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answered on Feb 24, 2024
Yes, your spouse holding an F2 visa is eligible to apply for health coverage through the HealthCare.gov Marketplace. As dependents of international students on an F1 visa, F2 visa holders are considered lawfully present in the United States, which is one of the requirements for eligibility to... View More
- Arrived in the United States on a H4 visa in 2022.
- Transitioned to an H1-B visa in October 2022, although it remains unstamped.
- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.
- 2023 W2 reflects only $18,560 due to an unpaid maternity leave... View More
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answered on Feb 22, 2024
The discrepancy between your 2023 W2 earnings and the Labor Condition Application (LCA) wage could potentially raise questions regarding your H1-B status, as H1-B visa regulations require that visa holders are paid at least the wage specified in the LCA. However, your situation involves legitimate... View More
I have been employed under L1A status, and I am nearing the maximum duration allowed within the next 9 months. Given this situation, would it be appropriate for me to apply for an H1B visa?
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answered on Feb 21, 2024
Given your current employment status under L1A and the fact that you are approaching the maximum duration allowed within the next 9 months, it may indeed be appropriate to consider applying for an H1B visa. The H1B visa is designed for individuals in specialty occupations, and transitioning to this... View More
Context:
- Arrived in the United States on an H4 visa in 2022.
- Transitioned to an H1-B visa in October 2022, although it remains unstamped.
- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.
- 2023 W2 reflects only $18,560 due to an... View More
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answered on Feb 21, 2024
The discrepancy between your 2023 W2 earnings and the LCA wage of $80,000 may raise questions regarding compliance with H1-B visa requirements. The Department of Labor mandates that H1-B visa holders be paid at least the wage specified in the LCA to prevent exploitation and ensure fair wages. If... View More
Is there something I can do to appeal this decision?
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answered on Feb 6, 2024
Yes, there is a process for appealing the decision if your youngest child's application for a Consular Report of Birth Abroad (CRBA) was not approved. The U.S. Department of State, which handles CRBA applications, allows for the review of decisions that applicants believe were made in error.... View More
As an F1-OPT visa holder, my current employer is sponsoring me through the PERM process under the EB3 category.
I have concurrently applied for the I-140 and I-485, and they are currently pending after just about three months.
I recently received a new EAD card under the C09P... View More
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answered on Feb 5, 2024
With your new EAD card under the C09P category, resulting from your pending I-485 Adjustment of Status application, you are granted the flexibility to work in the United States without being restricted to your current employer who is sponsoring your green card under the EB3 category. This EAD is... View More
Currently he works remote in the UK but is leaving his job, and I work full time in the USA and my job is the higher earner. We have been together for a long time LDR and occasional visits with ETSA, and we are ready to live together and start our futures. My company is international, however I was... View More
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answered on Feb 4, 2024
Given your situation and intentions, the K-1 visa, commonly referred to as the fiancé(e) visa, might indeed be the most appropriate route for your boyfriend to temporarily stay in the U.S. before you get married. The K-1 visa allows the fiancé(e) of a U.S. citizen to enter the United States for a... View More
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answered on Feb 1, 2024
If you have applied for an extension of your B2 visa and it is currently in process, you should wait for the decision on your extension before submitting an alien petition Form I-130. It's important to maintain lawful status during your stay in the United States, and filing an I-130 petition... View More
I got further information regarding my approved uscis case. It was sent to the NVC department and it seems I'm missing next steps. I never received my NVC welcome letter so I do not have my Invoice ID number to enter the portal. What can I do?
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answered on Jan 30, 2024
If you haven't received your National Visa Center (NVC) Welcome Letter, the first step is to check if the NVC has received your case from USCIS. You can do this by contacting the NVC directly. The NVC contact information is available on the official website of the U.S. Department of State -... View More
Will it affect my return to the USA if I need to? Will my B2 visa cancelled?
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answered on Jan 29, 2024
If you leave the United States while your I-539 application for extension of your B2 visa status is pending, it's generally considered as abandoning your application. This means that your application for extension will likely be denied. However, this does not automatically cancel your B2 visa.... View More
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answered on Jan 29, 2024
When you file an I-539 application to extend or change your nonimmigrant status and it's still pending, your legal status in the United States is typically considered to be maintained until a decision is made on your application. This means that you are generally not accruing unlawful presence... View More
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answered on Jan 28, 2024
As an F-1 student, your primary purpose in the United States is to pursue your studies, and your visa comes with specific restrictions regarding employment and business activities. Generally, F-1 visa holders are not allowed to engage in self-employment or operate a business, as this could be... View More
I submitted my Form I-130, Petition for Alien Relative and it was approved in February 2021. However I did not receive an approval letter I can just see the approval online. In May 2022 I submitted my form I-824, but have only received a receipt and nothing else. I've inquired, since for the... View More
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answered on Jan 27, 2024
In your situation, it's important to first verify the status of your Form I-824, Application for Action on an Approved Application or Petition, which you submitted to obtain a copy of the approval notice. Since you have already received a receipt for this form but no further updates, you... View More
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answered on Jan 25, 2024
Being on public assistance does not disqualify you from marrying an immigrant. However, there are important considerations to keep in mind. When sponsoring an immigrant for a marriage-based green card, you must file an Affidavit of Support. This document is a legal commitment to support your spouse... View More
I spent my entire life thinking I was a citizen. I have a 17 year old daughter that was born here. I also might try and get my Mexican citizenship as I have no Mexican proof that I was born in MX. I’m just desperate for citizenship and a passport.
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answered on Jan 16, 2024
Your situation is complex and requires careful legal consideration. If you were adopted by U.S. citizens and have lived in the United States since a young age, there are pathways to citizenship, but they depend on various factors including the legality of your adoption and your current immigration... View More
November 1st applied. No approval or denial yet. If I stay behind and I am denied do I get in trouble? How long do I have to leave the US without detrimental consequences. I heard it is 30 day grace period, however I am not able to find source. Even if its grace period, does that mean my visa will... View More
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answered on Jan 15, 2024
If your I-539 application for an extension of your B2 visitor visa status is still pending and you have not received a decision, it's important to understand your situation. Generally, as long as your application was filed before your authorized stay expired, and the delay in processing is not... View More
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