Can I apply for F1 while I-140 is pending, or after it is approved? Does F1 still require "no intent to immigrate" which may conflict with the I-140 application?
Yes, you potentially have a problem applying for an F-1 when an I-140 has been filed on your behalf. The F-1 is technically a nonimmigrant visa even though the U.S. government knows that many F-1 applicants will remain in the U.S. and work once their studies are complete. You need to discuss this matter with an immigration lawyer. Have a good day.See question
I applied asylum and waiting for appeal court.My previous visa was F1 and it has expired.My husband has H1B visa, can I withdraw the asylum case and change my status to H4?
You need to have a consultation with an attorney as you have not provided sufficient information in your question.See question
Is there any limitations on number of re-entries to US per year with an Advance Parole document (with no valid visa)? Also can one travel to any other country apart from US and his/her home country with Advance Parole? Please advise.
You can use it for multiple entries. There should not be any issue with returning to your home country, unless you are applying to asylum. The reason is that an asylum application is based on a fear of returning to your home country, which returning to your home country will demonstrate as being nonexistent. Have a good day.See question
The citizenship application ask for employment history. I was unlawful employed by the same employer for the last 15 years with my tax ID. I have provided my employer my GC and SS when i got it. Which employment history should i put on th...
You need to state where you have lived and work for the past five years. You do not need to give more information than that, nor should you. However, I strongly suggest that you have an immigration lawyer submit your application. (Even if for no other reason than that USCIS will be required to copy your lawyer on all correspondence. Sometimes, correspondence goes astray and your application gets canceled by USCIS, and you have to start all over). An attorney's guidance is necessary because a naturalization cannot be withdrawn (without permission from the Attorney General). Based on your history, there may be a reason to delay your application, or even not apply. (Persons from certain countries have considerations, such as tax issues in both the US and their home country if they naturalize in the US). In some cases, persons appear for a naturalization and are taken into custody for deportation. Lawyers also give you a lot of other helpful information with respect to your case, and fees are not very expensive. It's worth it. Have a great week.See question
Can i renew my B2 visa in USA (im from Malaysia)
No, you cannot review your visa in the U.S., but you can extend the time you were given at entry by filing a I-539 Change of Status / Extension of Status application, which you should do with the help of a lawyer given that your overstay will hinge on the substance of that application. Have a good day.See question
I am a U.S. citizen naturalized by my service in the U.S. army Reserves. I am thinking of petitioning for my mother to become a green card holder. However I've read that if they have been in the U.S. For more than 180 days, they are ineligible for...
There does not appear to be anything in your account to suggest that she cannot Adjust Status and become a Lawful Permanent Resident without leaving the U.S. So long as you are 21 years of age, you should be able to petition for her. Overstays are forgiven for immediate relatives of U.S. citizens, INA 245(c)(2). However, you should consult an immigration lawyer and obtain professional assistance as the stakes are high and you do not want to apply on your own and create a problem that may not be able to be corrected by a lawyer in the future. Good luck to you.See question
1. I got my GreenCard (through employment) in 2013, and will be eligible for citizenship application in 2016. 2. My wife entered US on F1 early 2000, overstayed since 2005 (her I-94 is noted with D/S). We married in 2012. 3. I wanted to s...
Traditionally, persons immigrated to the U.S. through the consulates. There was an exception created, Adjustment of Status, that allows you to obtain a green card without leaving the U.S. You have to be eligible. You are not eligible if you overstayed a visa or worked without authorization. While those infractions are not applicable to spouses of U.S. citizens, they remain applicable to spouses of permanent residents. Accordingly, her application to Adjust Status will be denied unless you become a US citizen. Speak to an immigration lawyer to determine your options as there appears to be a discrepancy with respect to the dates you wrote. Always use an immigration lawyer when dealing with immigration issues. Have a good weekend.See question
My green card expired. I applied for renewal in January. I went to get finger print in March 2015. Immigration gave me extension and my green card will expire in December 2015. Now I have an emergency I need to go to Vietnam. Vietnam won't gi...
It is somewhat odd that they are placing as much emphasis on your green card expiration date as you are suggesting. Permanent residents with a 10-year green card do not lose permanent residence merely because their green cards expired. And re-entry to USA is still possible with an expired green card. Worst case scenario, you pay a fine. The Vietnamese Consulate should know this. In addition, and even more importantly, countries typically tie visa issuance and admission to the country upon your country of citizenship, not residence. Your country of residence usually matters only for jurisdictional reasons, i.e. to prove that you have a right to apply for a visa in your country of residence, USA in your case. So long as you have a valid passport, Vietnam can be assured that you are not stateless and there is somewhere where you can be sent, i.e. in your case, the country of which you are a citizen. You should discuss this with the consulate to ensure you're not going through a lot of trouble for nothing. If they do indeed care about your green card, which seems very strange, schedule an Infopass appointment or speak with an immigration lawyer. Have a good weekend.See question
Hello All, Happy weekend! I am an immigrant here with student visa. I was funded by my professor for my master's research. During the course of study my professor has shown me a lot of affection. I don't have my father. It's been 8 years since...
You would have to be under 16 for an adoption to help you from an immigration standpoint (under 18 in certain cases). You should speak with an experienced immigration lawyer and discuss what options are available to you. Have a good weekend.See question
Hello, I see a new date in the October 2015 visa bullettin for those who want to adjust status in US. I see that the date for f2a is March 2015. My priority date is Jan 2015. So can i adjust status now in US on B1
From the facts you have provided, it appears that way. The reason that the new date appears in the Visa Bulletin is because of a change by USCIS in coordination with the Department of State. See the link below. You should speak with an immigration lawyer. Don't be one of those people who frantically seek out an attorney in order to try and correct a self-created problem, caused by not using a lawyer in the first place. Don't listen to friends who suggest that you can just fill out the forms yourself. You wouldn't make your own will using a blank government form if you have substantial assets, would you? Stakes are high here. Your ability to continue to live and work here is on the line. Good luck.See question