He paid his bond at the county, then Ice picked him up, and then brought him back for hearing, now the county says they got him on loan from Ice, and Ice office says his name doesn't show up in their system, we have a document where the county court denies his custody, what can we do?
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answered on May 16, 2023
Consult with an immigration attorney: Given the complexities involved with ICE and county jail custody issues, it is strongly recommended to consult with an experienced immigration attorney. They can provide specific guidance based on your son's individual circumstances and help navigate the... Read more »
I am a U.S. citizen currently in a Ch 13 bankruptcy. My spouse is not included as a debtor. I am the primary listed on the joint returns. We have no unfiled returns. My spouse has a naturalization interview coming up, and we want to know how these taxes in repayment will affect the outcome of the... Read more »
answered on Apr 12, 2023
11USC525 a says "a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or... Read more »
I am a U.S. citizen currently in a Ch 13 bankruptcy. My spouse is not included as a debtor. I am the primary listed on the joint returns. We have no unfiled returns. My spouse has a naturalization interview coming up, and we want to know how these taxes in repayment will affect the outcome of the... Read more »
answered on Apr 12, 2023
You should consult with an immigration attorney about this issue. A family or employment-based change of status petition includes a USCIS form I-864 Affidavit of Support from a sponsor or petitioner. The purpose of the form is to ensure the immigrant has adequate means of financial support and... Read more »
We have an email from NVC confirming the eligibility of the children and also if we calculate the age accordingly then the age after the priority date till the date the application becomes current is below 21. Should we move a motion for appeal or request the embassy we had got the interview done... Read more »
answered on Apr 3, 2023
You would have to submit an inquiry to Legalnet, challenging the officer’s determination that your children are not CSPA protected. There are very precise requirements that must be met when emailing Legalnet and you can read more about those here: https://fam.state.gov/fam/09FAM/09FAM010304.html... Read more »
We have an email from NVC confirming the eligibility of the children and also if we calculate the age accordingly then the age after the priority date till the date the application becomes current is below 21. Should we move a motion for appeal or request the embassy we had got the interview done... Read more »
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answered on Apr 6, 2023
If you have received a visa denial for your children who are derivative applicants covered by the Child Status Protection Act (CSPA), you may have options for appeal or reconsideration.
Firstly, it is important to carefully review the reason for the visa denial and any relevant... Read more »
My wife received her notice that extends her processing time to 48 months but would like to visit her
mother in Poland
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answered on Mar 29, 2023
While waiting for the processing of their I-751 form, a person may travel abroad, but they must be aware of the potential risks and considerations.
If the person's green card has expired and they have not yet received a new one, they may need to apply for a travel document, such as a... Read more »
My father and I got our green cards through my mother legally. If my mother commits a crime such as a larceny and gets deported, will my father and I lose our green cards as well since we got them through her? I'm not asking about an immigration crime , we got our green cards without any... Read more »
answered on Dec 18, 2022
No, ‘unless’ either of you are accused of being a part of the criminal scheme. If so, you can be charged, indicted, arrested, and possibly convicted. That may get you deported!
If your mother is involved in a crime, you ‘do not’ have an affirmative responsibility to report her to... Read more »
I am permanent resident who just applied for N-400, and my mom wants to add me as a joint sponsor to get my father papers, does that affect my N-400 application I have not added any dependents in the application or that I am sponsoring anyone, is that going to affect my naturalization process in... Read more »
answered on Nov 29, 2022
As long as you provide truthful and accurate information on the affidavit of support, being a joint sponsor for your father should not impact your naturalization application. You can read more about the requirements and responsibilities of being a joint sponsor here:... Read more »
Im his US wife. He is Canadian citizen. We are currently in our respective countries for wk. He overstayed here last year by 216, but border was closed most of that time. Hes been back in Canada doing contracted work since last Oct.Last night he crossed from BC to Seattle to shop and got detained... Read more »
answered on Nov 6, 2022
If a foreign national overstays his permission to stay by six months to a year, and exits the United States he is banned from returning for a period of three years. If he overstayed his permission to stay by a year or more, and exits the United States, he is banned from returning for a period of 10... Read more »
I have been hearing that I cannot travel outside Usa within 90 days before applying to naturalization N-400 form. I don’t see anywhere in the requirements that I am unable to travel within 90 days before applying for naturalization. Could you please advise me if I could apply for naturalization... Read more »
answered on Nov 5, 2022
It is not just 90 days before applying for citizenship that is of importance. There is a "continous presence" and " physical presence" requirement for naturalization elligibility. Learn more about those here: https://www.uscis.gov/policy-manual/volume-12
If you are not... Read more »
I am 21 years old US Citizen. I am filing I-130 petition for my parents. I understand that I have to file a separate petition for each parent but do I have to file one for my 11 years old brother too?
answered on Sep 13, 2022
Yes, if you also want to petition for your brother he would need his own I-130, as there are no derivatives on immediate relative petitions (parents of U.S. citizens). Your parents are immediate relatives and will have a visa available to them upon approval of the I-130 but sibling petitions are... Read more »
Is it safe to go to Warsaw for interview if we have an AOS case going here?I applied for my mom`s green card frm Russia, but then the embassy closed there so she came to the US and we applied for aos. We recntly got an invite for this interview in Poland and haven`t heard anything from immigration... Read more »
answered on Sep 6, 2022
If your mom is eligible for AOS, and if she leaves the US without an advanced parole document, she will "abandon" her AOS case. My best advice is to talk this strategy through well with a lawyer first. I would almost never recommend that a person leave the US to process a case at the US... Read more »
Is it safe to go to Warsaw for interview if we have an AOS case going here?I applied for my mom`s green card frm Russia, but then the embassy closed there so she came to the US and we applied for aos. We recntly got an invite for this interview in Poland and haven`t heard anything from immigration... Read more »
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answered on Sep 5, 2022
You either file an Adjustment of Status or you consular process. Only applicants present in the US are eligible to apply for AOS. Applicants who are abroad process at the consulate. So, if your mom is present in the US and she has filed for AOS, then she will most likely receive her green card in... Read more »
Hello, I have an asylum court hearing in Aug 2023 in Dallas TX court. We moved to Richmond, VA a year ago. I already filed my I-130 on Nov 2017, after my husband obtained his GC on May 2017. But I haven't yet received any approval or disapproval documents of I-130. I only received a notice... Read more »
answered on Jul 13, 2022
It is unclear from the facts whether you are actually eligible for adjustment of status. If you are eligible, USCIS does not have jurisdiction over your adjustment of status application because you are in removal proceedings. You would first have to wait for the I-130 to be approved and for your... Read more »
I arrived in the USA in June 2018. I applied for my green card in September 2020. Until now I did not receive my green card. Since I already spent 4 Years in Usa and my mom is a US citizen, do you think that I'm eligible to fill out a citizenship application?
answered on Jun 30, 2022
More information is needed. It is possible that you’re ineligible to get lawful permanent resident status, while you are in the U.S. A delay can be based upon the fact that you are subject to visa quotas, so USCIS is in no hurry to make a decision. If so, you seem to have overstayed. This means... Read more »
I arrived in the USA in June 2018. I applied for my green card in September 2020. Until now I did not receive my green card. Since I already spent 4 Years in Usa and my mom is a US citizen, do you think that I'm eligible to fill out a citizenship application?
answered on Jun 30, 2022
If your mother became a U.S. citizen, you acquire U.S. citizenship if you are a permanent resident living in the U.S. in the legal and physical custody of your mother and are under 18 years old. If you are 18 year of age or older you cannot derive citizenship through your mother.
I arrived in the USA in June 2018. I applied for my green card in September 2020. Until now I did not receive my green card. Since I already spent 4 Years in Usa and my mom is a US citizen, do you think that I'm eligible to fill out a citizenship application?
answered on Jun 30, 2022
There is not information to know whether you derived U.S. citizenship through your mother when she naturalized, as this depends on a number of factors. I’m also uncertain if you applied for adjustment of status or an immigrant visa and your case was approved but you just never received your... Read more »
My father is looking to immigrate to the US from Canada. He has an assault on his record (which occurred in 1995) for which he was arrested and later had his sentence suspended with 12 months of probation. In Canada, this is considered a criminal conviction from what I am told. How damaging... Read more »
answered on Jun 6, 2022
Your dad has to tell the truth, show remorse, and demonstrate good moral character. This is an old conviction, so he ought to be able to overcome any concerns.
He has the right to representation, outside the interview and through correspondence. Any representation is best engaged before a... Read more »
Should the record be pardoned? Should we just leave it as it and apply. The situation was a one off situation and corrective measures were taken and there have been no other situations that have come after.
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answered on Jun 4, 2022
We do not know the date when the crime was committed to see how remote it may be from your application now. Not sure if there was more than an arrest and what exactly the person was convicted for if in fact they were convicted. In any event, USCIS will be focusing on whether the criminal conviction... Read more »
answered on May 30, 2023
Do you know if the removal proceedings are still pending? You would not be entitled to your money back until the case was completed and the respondent did not breach the bond terms. Typically, once the case is over, ICE mails the bond obligor a form, informing the obligor that they are entitled to... Read more »
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