Even though visas were available in the F2B category, they have since retrogressed. Therefore, spouses of Permanent Residents will need to wait to file for adjustment of status until their priority date becomes current. You should discuss your individual situation with an attorney.
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Your family members may still be eligible to apply for immigrant visas as follow-to-join derivative beneficiaries of your immigrant visa petition. An immigration attorney must review your case to determine their eligibility to apply as follow-to-join benificiaries. If possible, this will be the fastest way for them to join you. If you file I-130 petitions for them, the processing time is extremely long and should only be done as a last resort. Yours very truly, Salvatore A. Falletta,...
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Based upon the complexity of your situation, you should consult with an experienced immigration attorney to discuss the particular facts of your situation. Sincerely, Salvatore A. Falletta, Esq. Law Offices of Salvatore A. Falletta, LLC 47 Orient Way, 2nd Floor Rutherford, NJ 07070 TEL: 201 438-5625 FAX: 201 804-1999 Visit our web site - www.USAresident.com IMPORTANT NOTE: This communication is intended as general information and not specific legal advice, and this...
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The NVC will require additional forms to be prepared for the immigrant visa interview and further documents to be submitted to them. If there is an issue they will advise accordingly.
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USCIS issues a Request for Evidence (RFE) when the initial application was missing required documentation or clarification is needed before the case is transferred to the local office for interview. You must respond to the RFE as soon as possible because they may delay the processing of your case until they receive your response. Failure to respond may result in USCIS denying the case.
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Spouses of H-1B holders are entitled to accompany their spouses with an H-4 visa. After the marriage, she must apply for the H-4 visa at the US Embassy. The processing time is dependent on the requirements of the specific embassy. As your spouse, she will be entitled to apply as a derivative beneficiary of a immigrant visa petition filed on your behalf or any non-immigrant visa that allows for dependent status. Yours very truly, Salvatore A. Falletta, Esq. Law Offices of Salvatore A....
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Assuming you are a citizen of the Dominican Republic, you will require a valid unexpired passport to leave the US and enter the Dominican Republic. If you are not a citizen of the Dominican Republic, then you may need a visa to go there.
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You can leave the US, but you will be required to obtain an H-1B visa in your passport at a US Embassy in order to return to the US in H-1B status. Therefore, you need to schedule an appointment at the embassy, complete all required applications, provide evidence of your prior lawful status and entitlement to your H-1B status. The actual H-1B visa cannot be granted in the US, and USCIS will not provide a stamp in your passport unless you are a Permanent Resident of the US.
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A child must be adopted before their 16th birthday in order to be classified as a "child" for immigration purposes. If you do not have a final order of adoption, then he is ineligible to immigrate as a famly member.
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You should discuss your options with an attorney. You decision requires you to determine with which employer you intend to work with in the future.
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