Steven Alexander Culbreath's Answers

How to prove the fulfillment of the 2yr home residency requirement to the us consular? Besides entry/exit passprt stamps(ready)

Good question, you want to start really documentation how and when you spent those required 24 months outside the U.S. Exit/Entry stamps in your passport, proof of travel arrangements, proof of your physical domicile (rental agreements, local driver license, etc. etc.) will all be helpful. Document where and how you have been living, what you have spent those 24 months doing. If you have attended college/university, it's quite easy to document that with the institution's help. Also think...

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Where I can find most up todate valid I-130 form What is current fee. If unsure shall I pay $490.

The stand-alone fee for a single I-130 is currently $420. Go here on the USCIS website: http://www.uscis.gov/i-130

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Marriage to an Illegal Immigrant

Assuming the "overstay" is the only immigration problem present, there is no reason to not file for his Green Card application, after you get married, by filing the I-130, and I-485 package (with work permit). From your fact pattern it appears that he may not be able to apply for his travel document, based on the amount of overstay. watch out for issues of showing the required minimum income for your household size. The government requires the showing of sufficient financial resources (...

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Entering U.S as a minor on a Visa?

What Luis has already mentioned is correct. Once you reach age 18, and you begin to "accrue unlawful presence" in the U.S., you need to beware that there are certain legal "Bars to Admission" which can be triggered IF and WHEN you physically depart (leave) the United States for any reason. How long this "Bar to Admission" is will depend on how much time you have spent in the U.S. in "unlawful presence". Unless you are married to a U.S. Citizen or Greencard holder, this "Bar to...

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I have interviewed for religion base asylum in a Florida USCIS office 7 month ago why they havent decided about my case yet?

Ask your attorney to please follow up on the case repeatedly and regularly. If he/she cannot get any helpful feedback from USCIS, he/she should get the appropriate AILA-Liaison involved, provided he/she is an AILA member. If this does not work, perhaps find another lawyer?

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Will they ask for divorce papers at citizenship interview (5 year based green card) green card not based on marrieage?

Since the Naturalization is not prefaced on a Greencard approved based on marriage to a U.S. Citizen, her previous marriage(s) "should" be irrelevant. However, you mother should still do the best she can to collect and provide that documentation. Her Naturalization will be adjudicated based on its own merits, and as long as she meets the legal requirements (incl. physical presence in the U.S., etc.), she should be approvable.

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H4 VISA RULES

Not quite sure what your question is. An H-4 holder cannot legally work in the United States. This status does not permit employment. If the H-4 seeks employment, must change status in the U.S., or obtain different type of work-authorized visa at US Consulate. If the H-4 and family wish to bring in a foreign worker as a tutor, that tutor must independently qualify for his or own visa/status, not related to the H-status of the family. If the foreign tutor previously worked for the...

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Do I need to change visa when I change role within the same company?

The question is basically one of whether the chance in circumstance would be considered a "material change" in your L-1 employment. How does this change affect your day-to-day duties and responsibilities? How does it change whom you supervise/manage/direct? how does your pay change? is a different skill-set or expertise required? has the ownership structure and/or management structure of the company significantly changed? etc. the more of these types of questions you can answer with a "yes"...

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Hi, I want to how, how long will take for the new immigration law to take effect. It was signed by President Obama las week.

The regulations is something that will have the effect of DHS/USCIS reviewing its policies and procedures on people currently in removal (deportation) proceedings. It is NOT a "new law" conferring any specific benefit to future applicants. We will likely see new and/or updated or modified regulations coming forth which may change the way USCIS and EOIR, and other agencies process cases. Please be aware of anyone who makes any promises that this now "legalizes" certain immigrants.

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U.S. citizen marrying an Australian citizen in the U.S.--requirements?

does your fiance currently have any valid U.S. visa(s) ? given that his retirement is near, you are potentially facing an issue in terms of financial support. as part of a Green Card application based on marriage, the sponsoring U.S. relative and Beneficiary need to provide adequate minimum income, based on the number of people living in the household. If your fiance has a U.S. visa, he could enter the U.S. and at a later point, while in the U.S., get married, and you could then...

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