Philip C. Curtis's Answers

What support documents are needed to file an I-751 immigration petition

Read the instructions on the form first. This provides some general guidance. There are some specific documents that you are required to provide and then they also ask for "evidence" to establish that the marriage is a bona fide marriage. I generally include copies of joint bank statements, mortgages or leases showing both parties names, insurance policies or similar documents showing the spouse as beneficiary, birth certificates of children born to the marriage, and affidavits from people...

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N-400 / Naturalization: Declaring all foreign trips abroad

Both the previous answers are good. In my experience it is most difficult for people to remember the exact dates of their trips. Obviously it is best to provide the most complete and accurate data that you can, but I think in most cases if you accurately list the countries you visited, the approximate dates, and the lengths of time you were outside the U.S. this is sufficient. I believe the principle purpose of this section is to determine if you meet the residency requirements for...

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Changing jobs after getting my I 140 petition approved

Generally speaking, if you have an approved I-140 and a pending I-485 you cannot switch employers or "port" unless the I-485 has been pending for 180 days or more. If the I-485 has been pending for more than 185 days then you can change employers if the job is the same or similar occupational classification as set forth in the I-140. IF you decide to change positions I would urge you to have a qualified immigration attorney assist you with this. It is not an overly complicated matter but you...

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Green card holder permanent resident, what is the process of getting a work permit

I would be less concerned about the waiting time and more concerned about your current status. Even if your father filed an immigrant visa petition for you if you have been unlawfully present in the U.S. for 18 years the 10 year bar will apply to you. If the visa petition is approved you will have to go to your home country to apply for the visa and will be barred from returning for 10 years. In cases like these you will need to apply for a waiver of the bar. In any event, this is a...

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Wife entered U.S. illegally 8 years ago, what is the process of making her legal

These are very tough cases under current immigration law. If your spouse enter the country illegally then she cannot obtain lawful permanent residence without leaving the U.S. This creates a problem because if she has remain in the country illegally for more than 6 months she will be barred from obtaining a visa for 3 years (10 years if she stayed illegally for more than 1 year.) In cases like these you have two options: 1. She can leave the country and you can apply for an immigrant...

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If my husband leaves

If he leaves he will not be able to return for 3 or 10 years depending on how long he stayed in the country. You can file an I-130 for him after he leaves the country but you will also have to apply for a waiver of the 3/10 year bar. These are complicated cases so you should retain an immigration attorney. In any case, he will never become legal in this country unless you do this or the law changes. You might want to wait and see if there are any changes in the law in the next 6 months with...

Immigration sponsorship, can a non family member sponsor an alien into the U.S., procedure for obtaining a student visa

Good question. If she just wants to come to the U.S. to study she does not need a U.S. Citizen or resident sponsor. She would need to apply for an F-1 student visa. Most U.S. universities have international student offices that can assist her with this process. You could help her by assisting her find these resources. If she is interested in coming to the U.S. for a non-university education (i.e. vocational school or secondary school) there are also options available for her. In either...

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Green card holder married to a U.S. citizen for 18 months, how will a divorce affect my status

Good question. Assuming that you application for the green card was based on your marriage to your U.S. your initial green card, if approved, will be conditional. Under the Marriage Fraud Act, all green cards issued based on marriage to a U.S. citizen are conditional for two years. Prior to the expiration of your conditional green card (assuming it is granted) you would have to file a petition to remove the conditions on your residency. With a few exceptions this petition must be filed...

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Can I apply for citizenship if I had 3rd degree misdemeanor conviction

You certainly can apply and this isn't the type of offense that would typically be an issue in a naturalization petition. You must show that you have good moral character and I don't think this is the type of crime that would call that into serious question. You will be required to provide a certified copy of the court transcript related to the conviction. I have represented clients with criminal convictions that are far worse than this and they have been successful. Hope this helps.

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Can a permanent U.S. resident travel outside the U.S., how long can a permanent U.S. resident stay outside of the U.S.

Generally, speaking if you are a permanent resident you should not stay abroad for more than 1 year without first applying for advanced permission to return to the U.S. If you do not do this you run the risk that the immigration officials would find that you had abandoned your LPR status. I hope this helps.

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