I'm on an H1B visa and I have my previous employer's name on my Visa stamping. I changed employer a year ago and I have a new i-797 with the new employer name. My Wife is on H4 Visa and she also has my old employer's name on the Visa stamping. We are traveling to India. Should go for... View More 
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answered on Oct 22, 2023
If your current H1B visa stamp, as well as your wife's H4 visa stamp, are still valid, you generally do not need to get a new stamp just because you changed employers. The visa stamp primarily serves as an entry document. When you return to the U.S., you should present your new I-797 approval... View More
Still waiting for the Fiancée visa interview at the Cd Juarez consulate. My Fiancée is here with me on a tourist visa. If we get married now, will that affect the application for her green card?
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answered on Oct 16, 2023
The fiancé visa states that "If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).
Still waiting for the Fiancée visa interview at the Cd Juarez consulate. My Fiancée is here with me on a tourist visa. If we get married now, will that affect the application for her green card?
answered on Oct 16, 2023
If she uses a B2 visa, when she intends to marry and immigrate, then this can result in complications for the admission, adjustment and/K1 visa. It may even effectively doom the engagement.
I strongly recommend an appointment or teleconference with a competent and experienced immigration,... View More
Still waiting for the Fiancée visa interview at the Cd Juarez consulate. My Fiancée is here with me on a tourist visa. If we get married now, will that affect the application for her green card?
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answered on Oct 18, 2023
If your fiancée is currently in the U.S. on a tourist visa and you decide to get married, the path to her green card could change.
Entering the U.S. on a tourist visa with the intent to immigrate can be problematic. If you marry and then immediately apply for an adjustment of status for... View More
Hello. I'm in the US on a pending asylum case (affirmative asylum and pending for several years now). I found out that I qualify for Canada's express entry programme, which provides me with an equal protection from persecution in my home country. Leagally speaking (from the US side of... View More
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answered on Sep 3, 2023
Applying for Canada's Express Entry program while having a pending asylum case in the U.S. could have implications for your U.S. asylum claim. The U.S. authorities might question your fear of persecution if you are willing to consider relocating to another country. Consult an attorney familiar... View More
The applicant did not show up on the first interview because he/she was not medically cleared, and that the clinic requested the applicant to have additional medical tests in multiple dates. Because the applicant failed to show up and the cancellation online and over the phone was too late. So now,... View More
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answered on Sep 3, 2023
Missing a U.S. immigrant visa interview is generally not advisable, but consulates and embassies often have procedures for rescheduling. The ability to reschedule will depend on the specific embassy's policies, and you will typically need to contact them directly to arrange a new appointment.... View More
I'm a U.S. lawful permanent resident, and recently my friends from Ukraine have asked me to file I-134As for them. They've mentioned sponsors can pledge all kinds of support, it doesn't have to be financial — it can be just for paperwork and integrating into the U.S. However, when... View More
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answered on Sep 3, 2023
Filling out Form I-134A with $0 in the assets section may raise concerns during the visa adjudication process. The form is designed to demonstrate your financial ability to support the beneficiary, so a lack of assets could negatively impact the application. If you don't want to make a... View More
The applicant (family-based visa, F3 married child over 21 years old petitioned by U.S. citizen parent) did not show up on the first interview because he/she was not medically cleared, and that the clinic requested the applicant to have additional medical tests in multiple dates, and now the... View More
answered on Aug 9, 2023
The applicant should contact the U.S. Consulate where the interview was scheduled and ask that the interview be rescheduled, if the interview date has already passed there should be no need to wait any longer to contact the consulate for a new interview date.
Immediate relative living with us on B-2 visa. Filed I-130, have receipt, under review. Do I need to file I-539 to extend her stay while I-130 is procession? Should I immediately file I-485?
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answered on Aug 6, 2023
If the immediate relative's B-2 status is set to expire before the I-130 petition is approved, filing Form I-539 to extend the B-2 status may be necessary to maintain lawful presence. The filing of I-130 itself does not extend or change the visa status. As for the I-485, it can be filed... View More
Immediate relative living with us on B-2 visa. Filed I-130, have receipt, under review. Do I need to file I-539 to extend her stay while I-130 is procession? Should I immediately file I-485?
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answered on Jul 26, 2023
If your immediate relative is in the United States on a B-2 visa and you have filed an I-130 petition for them, they can generally stay in the U.S. while the I-130 is pending. The filing of an I-539 to extend their B-2 status may not be necessary if the I-130 is being processed in a timely manner.
I'd like to travel to Scotland in spring of 2024. I have only the one DUI. I have a valid passport and traveled to Ireland in 2022. Weird that I could go to Ireland but not Canada. Will I be allowed into Scotland or will my inadmissible status to Canada prevent my trip?
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answered on Jul 11, 2023
You are inadmissible to Canada due to your DUI conviction, but that does not necessarily mean you will be inadmissible to Scotland. The UK Border Force has the right to refuse entry to anyone they believe is a threat to the UK's security. You can increase your chances of being allowed into... View More
The petition was approved and "sent to Department of State NVC center". Do I need to send my cancellation request to them or USCIS office or both? Also, can my sister find alternative family sponsor (outside of my family) to sign the I-864 Affidavit of Support form? I am worried my... View More
answered on Jun 15, 2023
The I-130 is step 1 of a multi-phase process. The I-130 in essence simply validates the legal sibling relationship between you and your sister--that you and your sister are indeed sisters--and nothing more. If you do nothing further, NVC will eventually cancel out the process; if no activity after... View More
We do not have original copies of the forms we submitted to USCIS, however, should we refill those forms out to bring? They would not exactly match the ones we submitted though and the date wouldn't be right.
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answered on Mar 19, 2023
It's important to bring all necessary documents to your I-485 marriage based interview to demonstrate your eligibility for adjustment of status. This includes any forms you submitted to USCIS as part of your application.
If you don't have the original copies of the forms,... View More
We do not have original copies of the forms we submitted to USCIS, however, should we refill those forms out to bring? They would not exactly match the ones we submitted though and the date wouldn't be right.
answered on Mar 15, 2023
It’s great to hear you're preparing for your adjustment of status interview. While it's always best to have all of your original documents with you, don't worry if you don't have them all. Just take what you have available with you to the interview. The USCIS officer... View More
Is a remote job within the scope of positions and international student (F1) can take while being in the US?
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answered on Mar 11, 2023
According to the regulations of the United States Citizenship and Immigration Services (USCIS), international students on an F1 visa are generally allowed to work on-campus for up to 20 hours per week while school is in session, and full-time during breaks and holidays. However, off-campus work... View More
Overbearing mother insisted on paying her son's child support obligation after he got his green card immigration. Low income at first, but she refused to give her son money so he could pay directly. My stepson is very involved with his child, but technically has made no child support payments... View More
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answered on Feb 26, 2023
To become a U.S. citizen, the applicant must meet certain requirements, including showing that they have been a person of good moral character during the statutory period (typically five years before applying for naturalization). Paying child support is a factor that can be considered in the good... View More
We sponsored a family from Ukraine and let them stay with us for several months. They moved out a few months ago. Now they are accusing us of throwing away some of their important paperwork which supposedly came to our house by mail about a month's ago. We haven't been in contact with a... View More
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answered on Feb 25, 2023
If you signed an Affidavit of Support (Form I-134) to sponsor a family member from Ukraine, you are legally responsible for providing financial support to that person if they are unable to support themselves. However, if you no longer wish to continue sponsoring the family member and providing... View More
I have a sealed record from when I was under 18 and I am planning to travel to India for 2-3 months. This was originally a felony but got reduced to a misdemeanor and later sealed.
Also, Would I have to check the boxes that state criminal records? Because it is a sealed record?
answered on Jan 27, 2023
In general, if your criminal record has been sealed, it means that it is not accessible to the public, and it should not be considered when applying for most jobs, housing, or other opportunities. However, when it comes to international travel, the rules can be more complicated. It is possible that... View More
I have a sealed record from when I was under 18 and I am planning to travel to India for 2-3 months. This was originally a felony but got reduced to a misdemeanor and later sealed.
Also, Would I have to check the boxes that state criminal records? Because it is a sealed record?
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answered on Feb 26, 2023
The rules regarding disclosure of criminal records can vary depending on the specific situation and the country being visited. In general, if you are traveling to another country, you may be required to disclose any criminal history, even if the record is sealed or expunged. It is important to... View More
I have an approved VAWA which I filed concurrently with I-485. I’m not sure whether to file a motion to terminate removal proceedings or file EORI-43B? Which of these will grant me a GreenCard? Thank you.
answered on Jan 20, 2023
Some are disqualified from VAWA adjustment of status, so they can only seek VAWA cancellation. Again, filing a motion to terminate can mess things up and might even be denied.
As a result, I also strongly recommend that you seek representation before matters get more complicated.
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