Jean Tien's Answers

What will be the new immigration laws ( if any) in 2010?

Hi, your question is very broad and I think that the best place for you to start your research will be at the USCIS website: www.uscis.gov. There, you can find information about the current immigration laws. Under current laws, if you have a niece and she is an temporary non-immigrant, then you will not be able to sponsor her green card as a family-member because you are neither an immediate relative nor do you fit into any of the other preference categories. I'm not sure what you mean...

24 people marked this answer as helpful

Im planning to get married to my girl who is a US citizen. Will she be able to petition for me.

She may be able to petition for you as your wife, assuming that you are legally married. Unfortunately, because she is on welfare and food stamps, it does not sound like she will be able to meet the Affidavit of Support requirements on her own. Therefore, she may need to find a co-sponsor for your petition. There are many ways to determine one's eligibilty to sponsor a green card petition, so it is in your best interest to speak to an experienced immigration attorney once you and your...

Selected as best answer

I'm married to an American Citizen (i came to the country as a tourist) I did not file my docs yet.can i get deported?

Yes, if you are out of status, then you may get deported if you get caught. You should speak to an immigration attorney regarding the facts of your situation. Generally, once your spouse submits his petition for your green card, you will be in an "allowed stay" status. This means that you are allowed to stay in the US (and can usually travel within the US) until the USCIS either approves or denies the petition. Allowed stay, however, does not change your legal status. The material...

1 person marked this answer as helpful

Getting divorce May be, so need to know what can happend .My husband will take my kids away from me after div or he cant

You should speak to an experienced immigration attorney for more informatoin regarding your situation. Right now, it's hard to comment on your post because you do not provide enough information. First, how long have you had your green card/ Do you have the conditional or permanent green card? If you have the conditional green card, then at the end of its 2 year term, you will be scheduled for another interview with USCIS. If you and your husband are divorced before the interview date, then...

1 person marked this answer as helpful

Marriage sponsor

Hi, yes you will need a co-sponsor. You and your co-sponsor will need to complete the Affidavit of Support, Form I-864. Basically, the purpose of the Affidavit is to assist consular officers in determining whether a visa applicant will have adequate means of financial support in the U.S. and will not become a public charge. By executing this form, the petitioners (both you and your friend) agree to reimburse any government agency or private entity that provides the sponsored alien with any...

1 person marked this answer as helpful

My foreign born child entered the us on a foreign passport and doesn't have a USA one. Is there a way to get one here now?

You should seek the help of an experienced immigration attorney. Generally, if the child is in the US legally but not as permanent residents, then you can file for Citizenship and Issuance of Certificate as long as certain requirements are met. For example, at least 1 parent must be a US citizen, child must be under 18, and the custodial parent must have been physically present in the United States for 5 years, 2 of which were after child's 14th birthday.

1 person marked this answer as helpful

Hi i have a complicated question about the us citizen.

Your question is a bit confusing. Do you have your green card? Are you currently a LPR? If so, then your dad's citizenship should not affect your case if you already have your green card. The amount of travel that you do, however, may affect your N-400 application but an experienced immigration attorney should be able to assist you with that calculation. If you have had your green card for at least 10 years now and have had not had any arrests or convictions (other than traffic violations),...

Can my mother still travel with her old greencard.the one with no expiration date?

If your mom has not been in the US for more than 20 years and she is not a US Citizen, then she may have been deemed to have abandoned her LPR status. As such, she would no longer be a LPR and would not be able to travel with her old green card because her status is no longer valid. If your mom travels without proper travel documents, then she will not likely be allowed through the US Border and may be sent home. Generally, to get a new green card, the LPR individual would file for a new or...

My husband overstayed his visa by 8 years

Your husband is subject to the 10 year bar from returning to the US. There are options that you could explore to assist your husband. For example, you could file a marriage visa to bring him back to the US and file an extreme hardship waiver to seek to remove the 10 year bar. The extreme hardship waiver is extremely difficult to obtain, however, so you should definitely seek the assistance from an experienced immigration attorney to determine whether or not your case qualifies for such a...

K-1 visa issues

It is hard to answer your question without more information. Did you get your green card already? If not, have you guys submitted your green card petition yet? The length of time it takes to divorce your husband will depend on your specific facts. You should speak to an experienced immigration attorney regarding the specific facts of your case. This correspondence is intended as general information and does not establish an attorney-client relationship.