Get free answers to your Immigration Law legal questions from lawyers in your area.
I have filed form Form I-539 to extend my tourist visa. I have received my confirmation notice and my case has been pending. I went back to my country. The case is still pending. Should I contact USCIS and let them know that I am no longer staying in the US? I am planning on going back to US this... View More 
answered on Jan 24, 2019
Yes, you should notify USCIS that you have left the U.S. and wish to withdraw you application for extension.
I lived illegally in USA 7 years ago. Never got a problem. I came back to my country and now I got offer a work permit for Canada as a truck driver to go from Canada to USA and VS. Would the fact that I lived in USA in the past be a problem to enter with a work permit for working purposes only?
answered on Jan 22, 2019
Yes, that is definitely a problem. You will not be able to enter the U.S. legally without a waiver for the unlawful presence. You should seek the assistance of an experienced immigration attorney.
She is naturalized. they are saying the physical presence have to be met prior to the childs birth. That is not what it says in the instructions or definition of section 322, it stated proof she she has been in the US over 5 years. We filed to get her son citizenship, he lives in the philippines.... View More
answered on Jan 19, 2019
There is a lot of confusion over this area of the law, and the statute has changed several times. There are different requirements depending on the child's date of birth. This issue needs to be address through a full consultation with an immigration attorney.
Hi :) I'm a u.s. citizen.. I'm trying to get my wife a visa to be able to come live with me in the U.S.A. She lives in Cambodia .... My question is... Will the U.S. Embassy in Cambodia look at my credit report? Because I'm trying to file for bankruptcy .. I don't want... View More
answered on Jan 16, 2019
No. You will have to file an affidavit of support, provide income information for the past 3 years, and submit your most recent W-2 and federal tax return, but they do not check credit.
My mom is sponsoring me and it was approved so I’m just waiting on a visa. I’m afraid I’m gonna lose my driver’s license and my job.
answered on Jan 15, 2019
If all you have is an approved I-130, no. That does not provide the basis for employment authorization.
US government and may be transferred to Europe. Will this affect her immigration?
answered on Jan 5, 2019
Interesting. I've never come across this. Someone else may, and will answer directly.
But to answer: Yes, it will affect the processing. As a protective measure, I think you would want to file an I-131 and ask for a Re-Entry Permit, which will protect your wife for up to 2 years... View More
answered on Nov 3, 2018
Sorry, but asylum is for those under thread of death or serious violence from a foreign government and similar issues. Having a disease isn't grounds for asylum.
Hello, I've called USCIS multiple times in the past about questions (mainly about the tracking number) I had while waiting for my green card to be mailed. Will this negatively affect the green card delivery?
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answered on Oct 19, 2018
It is hard to imagine why calling someone to inquire about tracking would negatively impact delivery. Good luck!
currently on probation for 5 yrs for dwi and suspended license, Would I have to go to jail?
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answered on Oct 15, 2018
Not enough details but the short answer here is that jail time is possible. If you have a suspended jail sentence for your prior charges then you could potentially face jail time for violating the terms of your suspended sentence. In addition, I am assuming they charged you with reckless driving... View More
2 months ago, I received an approval notice for my green card saying that it was approved. But I still have not yet gotten the actual green card. I have a emergency that requires me to travel abroad, will I be able to leave the country and come back with just the approval notice?
answered on Sep 4, 2018
Did you file the I-131? If so, you should be covered. Traveling abroad without the green card in your possession could create problems for you when you return.
My fiance and I got married in Virginia last week. I was here on a K-1 (fiance) visa. After the ceremony, we requested copies of the signed marriage license at the courthouse and they gave them to us right away. I was ready to submit my package for AOS when a friend told us that we need to include... View More
answered on Aug 29, 2018
As you may know, you will need much more documentation than a properly certified and sealed marriage certificate. The issue is when and how to proceed. If done correctly, there will eventually be a hearing/interview.
The paperwork is complicated with some applicants improperly filing... View More
I'm currently in the US on a tourist visa and I have already filed for the extension (six months of my stay has just passed). My fiancee is a green card holder and soon to be a citizen. I would like to ask whether I can experience any problems with my future green card process since she's... View More
answered on Aug 20, 2018
There is not difference between a native-born citizen and a naturalized one when it comes to immigrating through a citizen family member.
Typically it takes between 4 and 5 months after the green card application has been filed before an applicant receives a green card.
Once your... View More
Me and mi fiancé are both in the military
answered on Jul 18, 2018
It will not impact your father’s ability to get a visa through you at all. The fact that you are in the military could help him, too, depending on his circumstances. You might want to consult with an immigration attorney about parole in place.
i 've been married in USA since 2011, after divorce my marriage was not bonafide and i had to go through court,where actually judge administratively closed case and there is was no appeal from Homeland. So now i just got married in July 3rd , and i dont know which one forms i have to file out... View More
answered on Jul 11, 2018
While we understand your concerns about cost, your case is a bit complicated, given the earlier finding of what amounts to marriage fraud. Even without that, the process of obtaining your permanent residence in the US is complicated, and it would be next to impossible to try to explain it in this... View More
would my felony conviction prevent her obtaining her residency or citizenship. I am a natural born citizen
answered on Jul 9, 2018
It should not, depending on the crime for which you were convicted. Felonious assault or crimes of a sexual nature could be the exception. Check with an immigration attorney.
Is the April 2004 nsc flash memo still valid? Are there consequences for failing to notify uscis of a separation after filing joint 751?
answered on Jun 28, 2018
I am not sure what you mean by the "April 2004 nsc flash memo". Please be more precise.
My husband's H-1B got approved recently. His firm didn't apply for my dependent visa along with his H-1B. So I would like to apply for COS to H-4 right now as I will be out of status on Oct 1, 2018. But my COS application from F-2 to F-1 is pending from 6 months. So, can I still apply for... View More
answered on Jun 25, 2018
Since your change of status to F-1 may be pending for many months, the fastest way to get H-4 status is to consular process. Otherwise, wait for the COS to be approved, then file COS H-4 if you wish.
Hello I am a PR who has been living in Virginia since 2015. I have never left the country. I received a DUI in 2012 since then i have 5 speeding tickets. 1 in 2015, 2 in 2016, 1 in 2017 and 1 in 2018 that is pending in the court. My DUI had no aggravating factors, it was a simple DUI but I refused... View More
answered on Jun 23, 2018
You are not ineligible to apply for naturalization. Speeding tickets do not prevent you from demonstrating good moral character.
I am petitioner for parent's I-130. He came on visitor visa .It got approved after he left US. He is coming back in July on existing visitor visa. Can I then apply for his I-485? Do I need to do anything additional since he left US in between.
answered on Jun 2, 2018
Visitors are required to have no intent to remain permanently in the US. The process would probably go much smoother if he applies do an immigrant visa abroad.
Carl Shusterman
www.shusterman.com
I got my h1 in oct 2016 and later in aug 2017 I joined a new company they filed the transfer at that time.
I got RFE asking for all the pay stubs for the period oct 2016- Aug 2017, I submitted all of them except I don't have pay stubs for March and June months of 2017 as I took unpaid... View More
answered on Jun 1, 2018
Go back to your country with the Notice of Approval of your H-1B petition and apply for an H-1B visa.
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