i came here 14 yrs ago but in someone else name, is there a possible that I can apply for adjustment of status?
You definitely have your work cut out for you. Arrange a consultation with an immigration lawyer.See question
-If not, how soon after the ceremony can we file for it? -My OPT expires in mid February
If you are adjusting based upon the underlying marriage, you need to actually be married to file such an application. Once you file, you are in a period of stay authorized by the attorney general and cannot be removed from the U.S. even if your non-immigrant status has expired. However, this interrelationship is complicated and you would benefit from consulting with and receiving the assistance of an immigration lawyer. It's always cheaper to retain lawyers proactively rather than reactively to fix a prior error. Good luck.See question
I came as a student (F1) a year ago, my I-94 was D/S. But I no longer go to school, so im officially out of status. I got married to U.S. citizen few months ago and we filed I-130 and I-485. I need to fly to S.C. next week and question is rather ...
Hopefully, you at least consulted with an immigration lawyer before applying to Adjust Status (notwithstanding that overstaying a visa is forgiven for spouses of U.S. citizens). Walking into a USCIS interview without having consulted a lawyer can have catastrophic consequences depending on your background. I would not worry about intrastate air travel as you are at no greater risk of being detained than elsewhere in the U.S. Good luck.See question
My ex husband is filing a motion to emancipate our 18 year old daughter who is currently attending a vocational school fulltime and working part time on weekends. She is currently living with him which was her decision. He have me a letter to sign...
If you do not sign he will have to make an application before the Court. Emancipation is not as easy in NJ as in other states, (such as neighboring Pennsylvania where the presumption is to emancipate at 18 years old). New Jersey tends to emancipate children later, but the facts must be argued to the Court. Good luck.See question
I filed a motion to enforce prior court orders since ex disregard them constantly, however the family Judge has never sanction her at all. I filed another motion since ex is making all major decisions without my input. However after she received m...
You have to comply with the Court Rule that addresses motion practice before the Family Part, specifically R. 5:5-4. See http://www.judiciary.state.nj.us/rules/Rule_05-05-01_-10_09-01-2015.pdf. That said, almost all of the Family Part judges will consider papers that you submit to them even if not allowed by Court Rule. Word to the wise though, don't overwhelm the Judge to the point that you're doing yourself a disservice with such submissions. Using a lawyer is advisable because you do not have sufficient objectivity to distill the facts being presented to the ones that are important. Good luck.See question
I have been a permanent resident in NY for the past 4 years, but have travelled outside the US for a total of 6months. Can I start the citizenship application now and how soon can I send it in to be processed?
For most permanent residents, an application for citizenship requires them to have continuously resided in the U.S. for 5 years (no trip abroad of six months or more), and to have spent half of that time physically present in the U.S. However, there are exceptions, such as for spouses of U.S. citizens, for whom the 5-year requirement is reduced to 3 years. (Again, half of the time must have been spent physically present in the U.S.) The application can be filed 90 days before the 5-year anniversary or 3-year anniversary. There are other exceptions too. You should consult an immigration lawyer as even the most well intentioned citizenship application can result in severely adverse consequences, including but not limited to removal/deportation. Don't roll the dice with your future on such an important issue. Good luck.See question
I have a US green card, but not citizenship (yet). I recently received an offer from a company in Montreal, Canada. Are there any options I have that would allow me to accept this job and "relocate" to Montreal, while still keeping my PR status in...
Consult an immigration lawyer about applying for a re-entry permit which is valid for multiple entry for two years and renewable thereafter. This sounds like a good option for you. Many permanent residents use these in order to work in other countries, (especially countries like UAE and Qatar) while preserving their LPR status in the U.S. (Some use these permits to live in other countries in order to take care of a sick elderly relative who has no close relatives living nearby). You can file N-470 if you qualify, which will in turn prevent your time abroad from breaking your continuous residence for purposes of a future Naturalization application. Bottom line is you should speak with a lawyer as you have good options available to you.See question
He just finalized a previous divorce that was granted by judge. Waiting for other lawyer to sign and submit. What are the next steps. We would like to start this process as soon as possible. Do we need to wait for the certificate since the judgeme...
You need the final divorce decree before the new marriage can occur. Barring same, the second marriage will be invalid as bigamous. (You will be denied a Green Card at your interview assuming you make it that far). Assuming that you are eligible to "Adjust Status", you can apply for lawful permanent residence in the U.S. without having to return to Canada. (The term "Adjustment of Status" is a term of art and refers to the legal mechanism by which a foreign national [i.e. an "Alien" as defined in the INA] changes his [i.e. his or her] status from non-immigrant to immigrant from within the U.S.). As an Immediate Relative of a U.S. citizen, certain infractions are forgiven and do not prevent the Alien from Adjusting Status, such as having engaged in prior unauthorized employment or overstayed a visa. You should nevertheless speak with an immigration lawyer and determine whether you are eligible to Adjust Status and have the lawyer assist you with your application. If you are not eligible, you would waste both the filing fee (currently $1,490) and the time you spend waiting for an interview at which point your application will be denied. One should always use an immigration lawyer when applying for an immigration benefit. Seemingly innocuous applications can have disastrous consequences due to the complexity of U.S. immigration law. Good luck.See question
Hi, I have few queries related to my H1B visa. I have received a petition for my H1b renewal visa on 09 Apr 2015 for year valid till 08 Apr 2016. History of my stay in USA is as follows: 1. 21 Jun 2008 to 05 Feb 2011 (L1 visa) 2. 13 Feb 2011 to 16...
Your question calls for legal advice based upon your specific circumstances. This type of question requires a consultation with a lawyer as a detailed analysis of the facts/chronology is required. It is not conducive to being answered on a public message board. Schedule a consultation with an immigration attorney. Good luck to you.See question
I filed a I130 petion for my wife after about 5 month USCIS sent me a letter for initial evidence. I send one of the 4; that they ask for. The recieved them. Now how long should I'm going to be wai for decision?
It is important that you send all of the evidence that USCIS requests in their written correspondence to you. If you are unable to send specific evidence, you should explain why same is unavailable. You should strongly consider having an immigration lawyer assist you with this process given its importance and the high stakes. Good luck.See question