Get free answers to your Immigration Law legal questions from lawyers in your area.
I am a Canadian citizen married to a US citizen, but in the process of getting divorced now. I started my own business and I don't want to have to wrap it up and go back to Canada. Does my green card allow me to continue living in the US and continue my business?
answered on Oct 26, 2017
The short answer is yes, a green card allows you to continue living and working in the US. The warning, however, is that a green card obtained by marriage could be "conditional" and require you to renew and submit certain documents after two years. Review your documents to see if you... View More
US citizen interested in marrying Mexican citizen. Either while in Mexico or in the U.S. on a vacation visa.
answered on Oct 11, 2017
If you marry someone out of the country, then instead of filing a fiancée visa petition you would file an immigrant visa petition. Your spouse would enter as an immigrant. If your fiancée is in the U.S. and you marry here, your spouse can adjust status. There are some risks in doing this, so... View More
answered on Oct 6, 2017
It depends on your situation. It will require filing a couple applications, and it could require to you to briefly return to your country in some cases. Consult with an immigration attorney. May can work with you remotely, or there are several qualified immigration attorneys in the Newport News... View More
Please, I have filed I-130 for my wife who resides in the USA with me. She is in legal status now and would like to adjust her status. I am a permanent resident and upon check the USCIS site (https://www.uscis.gov/visabulletininfo) for the month of October Adjustment of Status Bulletin, the USCIS... View More
answered on Oct 5, 2017
While you have filed the I-130, it doesn't sound like you've received an approval. You will have to wait for the approval, then match it to the dates in the second chart of the visa bulletin to see when she is eligible to file the forms to adjust status to that of a permanent resident.... View More
I became a LPR in 2009 when I moved here with my family when I was 11 years old. I am now 20 years old and filling out n-400. I think that my continuous might be a problem. When I was 16 years old, from 2013-2014 I studied abroad in Japan for 11months. Not staying out for more than a year. Of... View More
answered on Sep 28, 2017
Your application will be denied, because you broke the continuous residence requirement when you left the U.S. for more than 11 months. The information that you have regarding residency is great if the question of abandonment of residency comes up, but you need to have five years of continuous... View More
I live in VA with my husband and I want to bring my mom here for my pregnancy. My dad also lived in US with his second wife but he never divorced my mother. I am 26 years old. Can I sponsor my mom to US or bring her on a visit visa if she is not divorced? Thankyou
answered on Sep 27, 2017
What your mom needs to do is show she will return home after her visit. Family relationships, especially immediate relatives, such as a spouse, are particularly strong connections so the fact that your mother is still legally married to your father could create a problem for a nonimmigrant visa.... View More
I am a US citizen. 26 years old. I live in VA with my husband and I want to bring my mother to US from abroad. My dad also lives in VA with his second wife. He never divorced my mother.
answered on Sep 26, 2017
Thank you for your question.
That is irrelevant. You can petition your mother regardless of her marital status.
I hope this helps!
We like to travel and we want to know the travel limitations once she gets her green card. Does she need to stay in the US a certain amount of time? Thanks
answered on Jul 13, 2017
If your wife is going to be outside the US for more than one year, she would need to apply for a re-entry permit before leaving the US in order to be able to return. Short overseas trips should not be a problem, especially if they are for less than six months.
answered on Jul 8, 2017
Your question is not sufficiently detailed. Because she's on a J-1, she may be subject to the foreign residency requirement. If this is the case, she will need a waiver.
The procedures for an immigrant petition and a J-1 waiver are complicated. I recommend that you seek the advice of... View More
My rfe due date is july 22. My I 94 expires on Aug 31. Suppose my case gets denied when should i leave the country. whether there will be any issues when i go for h4 stamping in my home country. Also if i submit my maternity leave documents from my employer whether my case will be approved
answered on Jul 7, 2017
If you can prove that you were on maternity leave and that you intended to return to your H-1B job, there should not be a problem in answering the RFE. You should consult with an experienced H-1B lawyer before taking any action.
Even if you cannot prove that you were planning to return to... View More
Will he under the law 462-855 be required to go to court or can he opt to pay a fine? Concern he has two US born children but doesn't have legal papers. He is Spanish speaker with limited English and has been in US for 15 years.
answered on Jul 1, 2017
Your friend needs to discuss this with the best traffic ticket lawyer he can find, to try to resolve the ticket without going to court and without having a criminal conviction on his record that might put him in greater danger of deportation. He should try to get it resolved as a traffic, not... View More
I am applying for my naturalization. If i get married before applying, will my spouse be getting the Green Card soon? If so how long will it take?
answered on Jun 20, 2017
You may sponsor your spouse to obtain LPR status. There is a procedure for this. It is not automatic. I suggest you work through an experienced immigration attorney.
My wife is a Canadian citizen looking for a medical externship in US. I am F1 student in US. What is the right way to have her stay with me and also do the externship? F2 or B1/B2? She may not need B1/B2 as she is Canadian citizen.
I am a Bangladeshi born citizen currently residing and working under US green card. I am planning to marry a Pakistani girl. Will it be any issue to have a Pakistani stamp in my passport while I apply for citizenship? Is it an issue to visit Pakistan while I am applying for US citizenship?
answered on Jun 7, 2017
No. That should not be a problem. It is possible that you might be asked a few questions about the reason for your visit when you return to the US, or at your citizenship interview, however, given current attitudes toward Muslim countries in general at high levels of the U.S. government.
I got laid off on April 19. I got an offer from a company in DC and they've started the transfer process. However currently they're waiting for lca approval and then my company will have to sign and then they'll send out the h1b petition. Does my 2 month clock not go away until I... View More
answered on Jun 7, 2017
Here are some answers:
1) The 60-day grace period is counted from the day of leaving the H-1B job with Company A. The new H-1B petition by Company B must arrive at the immigration office within that period. It doesn't matter if the filing receipt comes later.
2) As soon as the... View More
end of the tax season. So do they want this years evidence or last years?
answered on Jun 2, 2017
Sounds like they want this year, which by now is already due to the IRS. If it's unclear, please speak to an immigration attorney to review your documents. You don't want to get the case denied for sending in the wrong paperwork.
answered on May 23, 2017
A person in danger of removal/deportation can execute a power of attorney to allow another trusted person to manage his or her affairs if forced to leave the country. It is also possible to execute documents to provide for the care of children. This is a hot topic with immigration attorneys right... View More
can we now just do the I-130? Will that 'cancel' the previous asylum paperwork she's already submitted a couple of years ago to USCIS (she hasn't had her interview yet)? Thanks!
answered on May 23, 2017
It should not cancel her pending asylum application. The marriage route could end up being faster than the asylum route, depending on how she entered the US (with a visa or not). Reach out to an immigration attorney to go over her situation. If she has an attorney for the asylum case, that... View More
separating for a year; will he be able to maintain his green card?
answered on May 18, 2017
Possibly. He needs to speak with an immigration attorney before taking any action to make sure he is not placing his status in jeopardy.
My interview for the Green Card would be next month (June, 20) but unfortunately, my wife (the petitioner with the US citizen) just went to visit her family because her mother is sick. Therefore, she will not be able to come back to the US before the interview. my question is:
Should we go... View More
answered on May 18, 2017
She needs to be there. With enough notice, you may be able to postpone the interview by letting the USCIS know by responding to their appointment letter or by making an INFOPASS appointment, but it would be must faster for your process if she were able to be back for the interview.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.