Scott D. Pollock’s Answers

My condolences for your losses. A return within one year of your last departure is fine. An absence of between 6-12 months might impact an application for naturalization and would need to be explained, but it doesn't result in an abandonment of your LPR status, particularly in these circumstances. Be sure to maintain your status in the U.S. by continuing to pay income tax, maintain bank accounts, property, etc. Scott D. Pollock Scott D. Pollock & Associates, P.C. 105 W. Madison, Suite...

I agree with the other answer. Your child will either be a U.S. citizen if born here, or can immigrate with you if born before you arrive. From an immigration lawyer's perspective, it would be ideal for you to arrive in the U.S. and have your child born here. Scott D. Pollock 312-444-1940 spollock@lawfirm1.com www.lawfirm1.com

Assuming that everything goes smoothly, the USCIS generally issues a receipt within 2-4 weeks of filing, schedules a biometrics appointment within 1-2 months of filing, and conducts an interview of the couple within 3-5 months of filing. These time frames are subject to change due to work flow and other processing issues. The documents vary case by case, there are many forms involved, which may include the I-130, I-485, I-765, I-131, I-864, I-693, G-325A and other supporting forms and...

Members of the dance company will need to qualify for the appropriate visa, which for performing artists is usually the O-1, P-1 or P-3 visa. Generally, members of dance companies must show they've been with the company for at least a year. Obtaining O-1, P-1 or P-3 authorization requires several steps, good planning and sufficient time to prepare and have USCIS adjudicate the petition. After the petition is approved, the individual members must apply for visas abroad. The visa application...

You should consult with an experienced immigration attorney who can assess your wife's eligibility to adjust her status to that of a lawful permanent resident. Assuming she is admissible as an immigrant, she could likely apply in the U.S. for conditional resident status based on your marriage. At the same time she can apply for employment authorization and an advance parole travel authorization. But each case is different, so meet with an attorney at your earliest opportunity. Scott D....

No. In fact, after 9/11, out of status students are a particular target of U.S. Immigration Customs and Enforcement for detention and deportation. If by "working practice after graduation for 1 more year," you mean you've received approval for post-completion Optional Practical Training ("OPT"), you would continue to be in status until the end of your OPT period plus a 60 day grace period within which you could either seek to change or extend your F-1 status or depart the U.S. Some graduates...

I agree with Carl. Your list and your explanation of the absence of a joint bank account seems reasonable to me. But you are right that the USCIS office in Chicago is very strict and scrutinizes marriage based cases. I know of one case from the 7th Circuit Court of Appeals that upheld a denial where the couple had 2 children, due to discrepancies in their testimony about their relationship and various periods of separation that made the then-INS suspicious about their marriage. If you are...

Transmission of U.S. citizenship often requires the U.S. citizen parent to meet certain residence in the U.S. requirements. I recommend that you consult with the U.S. embassy's consular affairs and U.S. citizen services department. They issue birth certificates to U.S. citizen children born abroad and will be able to advise you if your child qualifies. But if not, you can file an I-130 visa petition for your baby and he will need to obtain a permanent resident visa at the U.S. consulate....

USCIS is in many ways an unpredictable entity. There is often no consistency to its requirements. Flexibility and cooperation are the name of the game, as is legal challenges when it acts arbitrarily or against the law. But don't look a gift horse in the mouth. Once the EAD arrives, you can begin employment.

You need a replacement of the advance parole document to board an airplane. The I-131 instructions are clear that an applicant for adjustment of status must be in the U.S. at the time of application. If you apply, I would disclose the situation and explain you are outside the U.S. and seek a replacement of the lost document. You can also go to the U.S. embassy to see if it will issue a travel letter in lieu of the advance parole document. Scott D. Pollock Scott D. Pollock & Associates,...