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Hello, I recently got married in February 2021 In india but I was unable to register the marriage with Indian govt. due to office closures(Covid) . I am a GC holder and had filed my N400 naturalization in dec 2019 when I was single. I have my interrview date in April 2nd week. My wife is in India... View More 
answered on Mar 31, 2021
You should confirm whether your marriage in India is a valid marriage. You can contact an attorney in India or the Indian consulate nearest you to verify the validity of your marriage.
Once you confirm that your marriage is in fact valid and lawful then you can present that information at... View More
answered on Mar 24, 2021
The AOS applicant/student would have to submit an application for Advance Parole (form I-131) at the same time as the AOS and wait until the Advance Parole (i.e. permission to travel) is granted BEFORE travelling outside the U.S.
If the AOS applicant/student travels without Advance Parole... View More
My parents are Venezuelan citizens. They came to the US on a Tourist visa in early Feb of 2020, their goal was a 4 months visit but due to Covid restrictions they were unable to leave as planned and after a few failed attempts they haven't been able to leave the US as of Feb 2021. The last... View More
answered on Feb 27, 2021
A US citizen adult child can sponsor their parents for green cards provided the parents entered the United States with permission. Parents can still adjust status to get a green card if sponsored by their adult child, despite that they are out of status. However I would advise your parents not to... View More
I met my girlfriend now fiance back in august 2019, when can I petition for the K1 visa? We have already met twice.
answered on Feb 2, 2021
As the saying goes, "There's no time like the present." - particularly given the requirement that you and your fiancée have met physically at least once during the 2 year period immediately preceding the filing of your Petition for Fiancé(e). Consider scheduling a consultation... View More
Legal question. I got my first dui November 2019 in CT-no accident involved. My criminal lawyer said that they will seal the case and wont show up in my record. Because of covid they kept suspending my case until now and the court hasn’t have happened yet. In August 20’ I made 5 years in US... View More
answered on Jan 27, 2021
You will not be granted naturalization with a pending DUI.
even though the case may be sealed and not on your record you must answer yes to the question whether you have ever been arrested and convicted. you must furnish a complete certified c opy of the record to the USCIS.
There... View More
I am planning to get her here to live with me..Can I ask the immigration officer for adjust of status at the port of entrance ? O need to start the petition while she is over there? ..She is alone in Ecuador...my brother and sister can’t take care of her but I am
answered on Jan 19, 2021
Consider scheduling a consultation with a competent and experienced immigration attorney who can advise you and your mother the proper procedure for immigrating permanently to the U.S. given her intent to do so from outside of the United States. If she has preconceived intent from outside of the... View More
I applied to remove the conditions of my temporary green card early December 2018. (K1 visa in 2016 followed by AOS, both very fast)
On February 20, 2020, it stated my fingerprints were taken (they were taken in April 2019) and a Request for Evidence was sent to us. We replied and it stated... View More
answered on Jan 13, 2021
First:Processing was much faster in 2018.
Second: Depending on the documents requested in the RFE you file may not be considered to have begun processing until the service received the documents requested.
Third: When the case is outside theprocessing time due to background check... View More
answered on Jan 11, 2021
This can be viewed as visa abuse, where you can return. An abused B2 visa may result in review on renewal. Remaining in excess of six months may result in delay at a future primary inspection at an airport, even exclusion from the U.S.
A future admission may be denied based upon the... View More
Hi,
My wife and I applied for I-130 and I-485 concurrently about 6 months ago. She is on F1 status and will be graduating in Spring 2020. I-130 has been approved so we are currently wait for I 485 approval.
Due to the current administration and corona virus delays we do not know... View More
answered on Dec 30, 2020
In essence, your question is can my spouse work while her adjustment of status application, Form I-485, is in process?
Form I-485 is an application that must be filed to register a foreign national’s permanent residence or adjustment of status. As part of the adjustment of status process,... View More
I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... View More
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answered on Dec 29, 2020
This type of case requires you to retain one of the few attorneys who is experienced in both matrimonial and immigration law. By doing so you have (presuming your facts are accurate) both getting divorced and not having your green card revoked. During this pandemic, you have a choice of either... View More
I am a US citizen and I met a Brazilian citizen who came to the country with a visa (B1/B2). I fell for him and I don’t want him to leave country instead I want to marry him.
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answered on Dec 25, 2020
Yes you can marry him as long as it’s 90-120 days after entry otherwise uscis can allege immigration fraud. Before Covid-19 it could take four to six months for approval now it takes about six to nine months. He cannot leave the us during the process until he is issued a travel document. Feel... View More
Hi,
We have just had our visa extension denied and are now out of status unfortunately it is proving really difficult to wrap everything up and arrange exit before the end of the appeal window in the first week of January. Both Christmas and Covid are causing delays but we are trying to... View More
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answered on Dec 18, 2020
Assuming you get an NTA and a Notice of Hearing before an Immigration Judge, and you can provide for your transportation and fulfil the requirements as required by law [INA § 240B(a)], then the Immigration Judge may grant you a voluntary departure period of not more than 120 days from the time of... View More
answered on Dec 10, 2020
Yes, fiance visas are being processed even during the pandemic. There are delays with interviews, but you can get the process started.
My wife and I got married more than a year ago after dating a little more than two years. We got tired of not being able to be together all the time since I'm Mexican and she is a US citizen. So, We got married because we loved each other and filed the necessary docs to the USCIS with the help... View More
answered on Dec 3, 2020
I suggest discussing your situation with an experienced Immigration attorney regarding your green card application. As for the divorce, it appears you are on your wife’s timeline as to when the divorce will occur or become final. In Nevada, a spouse cannot delay or refuse a divorce if the other... View More
Visitor
I am the current dependent of a U1 visa so I currently hold a U3 visa. I traveled abroad by myself and was wondering about reentry into the US. My visa does state I am allowed to re-enter however it says that I would need to apply for a U visa or if I have obtained a waiver. I was... View More
answered on Nov 22, 2020
You are required to have a visa foil (sticker) in your passport, not just an approved I-797 notice from USCIS. If you have an unexpired visa in your passport, then you should be allowed to enter unless you are somehow otherwise inadmissible for reasons unknown, which is unclear, even if arguably... View More
The hotel were im taking my internship closed due to pandemic and reopened after few months. I asked my agency here in the US if what can i do so i can continue my and finish my internship but they were asking me for another fee so i can continue it. Can i sue them for that? Its not my fault that i... View More
answered on Nov 21, 2020
Unlikely that any success will result, Covid is outside of the program's control. If the program is over, through impossibility of the sponsor, then the intern should leave the U.S. otherwise, it is likely that they will fall out of status as a result. This is likely what has happened, but... View More
I am currently on a B2 visa in the US. I entered the US in Feb 2020. At my entry, I was issued an I-94 that was valid for 6 months. I applied for a 6-month extension 45 days before my I-94 expired in June and I received a receipt in early July, I have not received a decision on my I-539 yet.... View More
answered on Nov 11, 2020
You would be wise not to travel. It is recommended that you do not file another I-539 yet. Wait until USCIS makes a decision on the first one. Please keep in mind that USCIS is likely adjudicating a larger than normal number of I-539s due to noncitizens stranded in the US as a result of COVID-19.
Im 23 year old citizen. My mom came to the U.S illegally and returned voluntarily to Mexico in 2002, no deportation. She’s been in Mexico ever since. I know I can petition her and it’ll be fairly quick process. But she also has my brother who is 14 and he can’t stay in Mexico alone. Is there... View More
answered on Oct 26, 2020
Hello,
You mother would be an immediate relative and you can petition for her and she would not have to wait for visa availability - meaning she could be a green card holder in about a year or so (not considering Covid delays). Your brother however is not an immediate relative to you and... View More
I’m a green card holder and have my final citizenship interview this month. The misdemeanor was from driving with an expired drivers license and getting rear ended (I’m not at fault for accident), but the officer said if I can renew my license before my court date, it should be able to be... View More
answered on Sep 7, 2020
There's no way of telling whether or not the misdemeanor will effect your immigration status without more details. Also, as far as renewing your license, it's rather straightforward now (make an appointment, or do it online). Consult with a law office who will try to get the ticket... View More
My Canadian girlfriend was able to fly into the US amidst the border closure. We are unsure of when it will be that the border opens again and she has been here two months as we’re trying to spend as much time together as possible during these troubling times. We recently decided to look into... View More
answered on Aug 13, 2020
By using your rights as a Canadian for quick entry, you are telling U.S. immigration officials that your intention in the U.S. is to be a tourist, and to leave, typically within 90 days; though the maximum is six months. That's true even if you get waved through without an interview by an... View More
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