Skip to main content
C. C. Abbott

C. Abbott’s Answers

8,186 total


  • Drivers license on a b1/2 visa

    Can I obtained a license with a b1/2 visa. I heard some states its possible. The visa is stamped in passport for 10yrs. I know the maximum visit on a b1/2 is 6months or less.  So here's my situation. I lost my 1-94. But I have my passport, us...

    C.’s Answer

    Use the online I94 site and print out the specifics on your I94. Then contact the DMV to see if they are permitted to provide a DL based on the facts you present and the documents you have. This site should help:
    https://www.dps.texas.gov/DriverLicense/documents/verifyingLawfulPresence.pdf

    See question 
  • How can i explain my overstay?

    how can i explain my overstaying in the US i stayed for no reason the only thing is i got married with american person and i got divorced then i did not go back to school for less than 180 days and i want to apply for a visa

    C.’s Answer

    You have to honestly explain the overstay and to safely secure any immigration relief, if any exists, you should have the facts of your case reviewed by an experienced immigration attorney. Good luck.

    See question 
  • K-2 visa or Fiancee visa?

    I am US citizen, have a son that was born in the US as well, but his father is currently in Mexico, never been to the US. My question is, if I would want to "fix" him to have a green card, what is the difference between a K-2 visa and a Fiancee vi...

    C.’s Answer

    If he never has been to the US and you are a US Citizen, you should review the process of securing the K1 visa as explained on the USCIS site. K-2 visas are for children of those who secure a K-1 to enter to marry. Your child born in the Us is a US Citizen and does not been a visa. His children may get K-2s if the qualify under the law and regulations for such a visa. good luck.

    See question 
  • .Should I apply for I-102 without any problems? Can I send it with my AOS packet or should I send it before?

    Came to the US with F-1 Visa on Dec 2012, lost status Sept 2014. Since then met my husband (USC) and now we're married.Getting ready to send in documents to USCIS for AOS, but unfortunately cannot find the I-94 I received when I came into the US 3...

    C.’s Answer

    Use the online I94 lookup and copy that information out. It will state the specifics of the I94 assigned to you as well as other travel information.

    See question 
  • I751 pending - applying for a mortgage

    My husband is a us citizen. I currently have application I-751 pending. We are thinking about buying a home.. I imagine most lenders will want to see proof of citizenship. Would my green card (now expired) and my i751 I-797 extension notice for on...

    C.’s Answer

    This is up to the lenders and their policy. It is not an immigration question. There are many people who have mortgages and loans that are not US Citizens or LPR holders. The lender will be able to answer specific questions but if it is to be underwritten by a Federal Program then you will likely have to provide status.

    See question 
  • How much time it takes for me to get a green card FROM india,, filed by elder brother on F4 catagory?..

    FAmily based immigration - brother is USA citizen and sponsering me and my parents from India. FAmily Based Immigration i am 30 year old from INdia...My brother is 35 and is USA citizen and he would like to sponser me and my parents f...

    C.’s Answer

    You can follow the wait times for priority dates in the monthly Visa Bullet issued by the DOS on its website. The sibling visa has been debated in Congress as one of the current benefits that may end in the future so it is advisable to get that in while it is still available. It would be very unlikely any future law would cancel I130s that were approved and were waiting for priority.

    See question 
  • Form I-539. Change of status from H1 to J1, filled 3 months ago, no RFE's yet. Expected time for processing.

    Form I-539. Change of status from H1 to J1, filled 3 months ago, no RFE's yet. Expected time for processing. The application states receipt from VT, does it mean vermont center. Also when I check my case status it says application received at lo...

    C.’s Answer

    The change of status applications have been taking longer to be processed. I agree with my colleagues that it is now best to expect it to take from 10 to 12 months.

    See question 
  • Do I have the permission to stay in US without the winner if the G.C Winner is a member of my family?

    Staying in US without the winner of Green Card Lottery, but it's a member of the family. Do I have any privileges to stay or work in US if the G.C Winner is from my family but he wants to come back in his country. Do I need to come back with him?

    C.’s Answer

    The return to one's homeland defeats the LPR benefit as it is like all other permanent residency requiring the beneficiary to set up residency in US as by law and regulation. As to the family members, there is no derivative stand alone basis based solely on "winning" the LPR lottery.

    See question 
  • I paid airefare, 1+ mon request to reimburse, then i told i will complaint in dol. they agree but asking me to pay hotel+taxi.

    Got h1b offer from US comp and joing in India for 3 months. Before filling visa they asked to sign an employ... reimb.. agreement. Accor.. to agreement if i leave the company/terminated i am supposed to pay them the expenses that company has done ...

    C.’s Answer

    If you feel you have not received the agreed reimbursements based on the law or regulations you have the right to go to DOL wage and hour for a complaint. before you do this, I agree with my colleague that you are best advised to contact and ask for an accounting of all costs you have to pay and that which your employer is to pay.

    See question 
  • Can I attach a copy of my i756c notice of action and mail it in with my i485 now.we the uscis attend to it?

    Presently in us but we did not file For adjustment of status.

    C.’s Answer

    Your ability to file in US cannot be determined by the facts you provide. You will need to be more precise in your question.

    See question