My wife has DACA, goes to work full time and goes to college. What is the best possible route for her to gain citizenship/ a green card? She applied for DACA at 18. I assume she might get a 10 year ban when she returns to Mexico.
answered on Apr 9, 2018
You need to see an immigration attorney. While it is likely that your wife has a bar, it might not be 10 years. She might not have one at all.
Your wife started accruing unlawful presence on her 18th birthday. If she got her DACA grant within 180 days of applying, she might not have... View More 
We were married outside the 90 day period of a K1 visa (1 week late). That was the reason for denial. The denial letter stated he must leave ASAP. I’m distraught and don’t know what to do.
answered on Feb 27, 2018
He can travel back to Australia, and you can file an immigrant visa petition for him. It will take about a year for him to come back as an immigrant. You can also file a spouse nonimmigrant petition on his behalf. We suggest you talk with an immigration attorney to see what might work best under... View More
My husband and i got married last year and we applied for I130 around march. This year i applied for my Naturalization, i am waiting for my interview. However around the summer when i am done with my naturalization we want to travel to his hometown Vietnam. He has a valid F-1 visa, I120 and a valid... View More
answered on Feb 13, 2018
Definitely not! Does he even possesses a non-immigrant F-1 student visa? A form I-20, among other documents, allow him to seek an F1 visa at a U.S. Embassy or Consulate. Find out whether and/or which visa foil is in his passport!
The CBP must presume immigrant intent if he has and tries... View More
My mom illegally entered the United States 20 years ago, and has stayed here since then, I am soon turning 21 in July 2018. Which would be the best course of action without her having to return to the mother land?
answered on Jan 11, 2018
You need to ask an immigration attorney. My practice is limited to criminal defense.
My Egyptian husband is in South Korea with no visa...I want to invite him to the US ...should he apply in Egypt to improve his chances of approval?
answered on Nov 24, 2017
Your husband will not be granted a visa from a third country where he is not present with legal status.
answered on Nov 8, 2017
This will depend on two main things. First, what his current immigration status is. Second, what specifically the possession of narcotics charge is.
I haven't done any unauthorized work, but I have done so far one paid medical study for a medical research company. Technically this is not an employment, I'm a volunteer, but I'm getting paid for it . I don't provide services, just my body for medical tests, which I guess... View More
answered on Oct 24, 2017
It’s likely, yes. Any type of remuneration beyond what is allowed is suspect. Check with your school’s international student office.
We need to apply and renew his green card do I just pay off the ticket ?
answered on Sep 30, 2017
If you pay the ticket you will be admitting guilt and that could put him into deportation. Check with an immigration attorney before you act.
Was there any recent rule change that made it mandatory to get new visa for employer change?
answered on Jun 20, 2017
There has not been any rule change in that regard. The old H-1B visa stamp can still be used as long as it has not expired.
I was arrested and charged with a Felony Failure to Appear for fingerprintable charge (statute 17-6-12 GA) for not attending a hearing where I was supposed to show that I had received medical attention for a diagnosis given by a court appointed doctor in a case with felonies. The felonies were... View More
answered on Mar 24, 2017
This is an immigration issue, so I would have you contact an immigration attorney. Sorry I can't help you on this.
We recently planned a honeymoon to Bolivia and we did it for several months. I waited for my fiancee to arrive to Bolivia after I got there, but she could not board that plane to Bolivia as she had to transit in an airport in USA. Customs at that airport made her fill out a sworn statement, and... View More
answered on Feb 28, 2017
The incident may effect her if the government concludes that she was attempting to avoid statutory requirements. However, it sounds like you had documentation to show that this was not the case.
We've been married for some months. She had the debts before we married. I plan on filing for my residency and work permit through her. Is it safe to do so?
answered on Feb 28, 2017
Your wife's debt has nothing to do with your immigration status unless it effects her ability to sponsor you and you need a co sponsor.
My fiance is from Philippines and currently lives in Kuwait. Our plan is for me to go there in a couple of months and marry him while I am there. I need to know the process to get him here to the U.S. as my husband after we are married.
answered on Sep 12, 2016
You would file an I-130 petition to start the process. Once the I-130 is approved, you would then file more applications with the National Visa Center to get him an interview at the US consulate abroad. Consider working with an immigration attorney to make this process go as smooth as possible.
He has had 3 dui & was deported in the year of 2012.
answered on Jul 26, 2016
There are some options if you are an U.S. citizen to get a waiver for your spouse, please contact an immigration attorney in private to discuss the possible options. If you would like a free consultation feel free to contact my office (323-803-7147).
All the best.
-Shan Potts... View More
I am citizen of European Union and have F-1 visa with OPT (started studies few weeks ago). My girlfriend tried to get tourist visa this week and it was refused. Can she go to Canada (we are eligible to visit Canada) next week with me, get marry and get the F-2 visa immediately after the marriage (I... View More
answered on Jun 10, 2016
Although your girlfriend can get a F2 visa after marriage it may not be immediate, depending on how many backlogs the Us embassy in Canada has. But if you do get married and apply for your girlfriend's F2 she will be eligible for F2 visa and you are correct the question might come up as to why... View More
Hi,
I am an international student on F1 visa and I will be starting my OPT on 1st July, 2016.
I have an offer from company A and they are keen to apply for my H1B visa this April. However, suppose I get an offer from company B in the next few months and my H1B petition with company... View More
answered on Feb 17, 2016
Yes you may be able to transfer the H1B, if company B agrees to file your H1B as well. Although it might be a bit too early to file it because you would not have three or more payslips to attach. And yes you can work on OPT for company B if company A does not work out. All the best.
-Shan... View More
We would like to come as soon as we can.
answered on Jan 12, 2016
What is your immigration status? If you are US citizen you can file a fiance petition for your fiance to come here and get married. That is the legal way to get married. If you are not an US citizen he needs to get some other non-immigrant visa to come here to get married, but it is complicated... View More
My brother requested me about 5 years ago when I was 18. And I was recently accepted for my green card a year ago. I currently live in the U.S. With a student Visa and I wanted to know if there is any way to get a work permit while I wait since I have been accepted already. Also is there any way to... View More
answered on Jan 8, 2016
1. There is no way to speed up the process.
2. Without knowing which country you are from, it is not possible to say how long it will take. (I suggest checking the visa bulletin)
3. You can get a work permit on a student visa but having an approved I-130 petition does not make you... View More
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