i am filing for my citizenship but i never lived with my wife in usa the reason why because she cheated on me with someone else. i had ir-1 visa and ten years green card. but i am about to file for citizenship under 5 years.i have clean record, an...
If you never lived with your wife in the past, and received your lawful permanent residence based on a petition filed by her, you could have problems with your citizenship. USCIS often looks behind the citizenship application to the underlying basis of the permanent residence. If the evidence in their records and databases shows that you never lived with your U.S. citizen wife, there could be a presumption that you obtained your residence by fraud. You will need to be prepared to address that allegation with objective evidence that it was a bona fide marriage at the time you entered into the marraige and that you never committed misrepresentation on any of the previous applications in order to obtain an immigration benefit. Allegations of marriage fraud are taken very seriously by USCIS and could be grounds for criminal investigation, so you should definitely consult with an immigration attorney and get proper advice before proceeding.See question
My husband just got his Citizenship on June 17th 2015. Things can't be reconciled. We need to get divorced as soon as possible.
There is no requirement to stay married for any period of time once citizenship is obtained. Unless the government determines that the marriage was fraudulent and that citizenship was, therefore, fraudulently obtained, they cannot take away citizenship once it is granted.See question
Are there any benefits to file for TPS if I am on H-1B? Sorry if this question has been asked before.
That question is impossible to answer without knowing the specific facts of your individual case. For example, if you are approaching the end of your six year maximum in H-1B status and have not begun the permanent resident process, the TPS may be a viable option for you. However, for other reasons, the H-1B visa may provide more ultimate stability. You must consult with an immigration attorney to determine what is the best solution in your circumstances.See question
I understand that making a false claim to U.S. Citizenship makes the person inadmissible and their is currently no waiver. However what if they are the victim of a crime? Can they benefit from the U Visa after pretending to be a U.S. Citizen to bo...
Yes. For the U visa, an applicant can submit a waiver of nearly all grounds of inadmissibility. The waiver is broadly granted based on discretion and by showing that the waiver should be granted for humanitarian reasons, family unity or because it is otherwise in the public interest.See question
I got married in October of 2013 and he got deported in December 2013. I foun out that he just wanted to marry because of his legal status. He's living in Mexico, only reason I know that is because of mutual friends. Am I eligible for an annulment.?
Whether or not you can obtain an annullment is a question of family law that will be specific to the state in which you reside. You should consult with both an immigration lawyer and a family lawyer to determine your ability to get an annullment as well as any continuing liabiltiy you may face for the I-864 affidavit of support and other issues.See question
Does the fact that I will be renting an apartment or "reside" in Canada can be interpreted as abandoning my permanent US residency (green card) even though I travel to US every couple months?
To avoid abandonment of your permanent residence, you must at all times maintain the intention to permanently reside in the U.S. This will be determined by a number of objective factors including where you pay your taxes, whether you pay taxes as a resident or non-resident, where you keep your domicile, where you maintain your retirement accounts and bank accounts, where your car is registered, etc. If your employer is assigning you abroad temporarily, there are steps you can take to show an indication to maintain residence. If it is a permanent move, however, this would be very difficult.See question
I entered in US on a B1/B2 visa in march 2013 and my legal stay expired in September 2013. But Last year I filed green card on marriage base. I have received advance parole but I 485 is pending. So can I travel out of country on Advance parole wi...
As a result of an immigration decision from 2012, travel on advance parole does not trigger the unlawful presence bars that would normally occur if you leave the country after being in the U.S. unlawfully. For that reason, as long as you travel and reenter on your advance parole document, your prior period of unlawful presence will not cause any issues for your adjustment of status in the United States.See question
This depends on what you were possessing. We would need to look at the elements of the offense to see if it will impact your DACA renewal. We have successfully received DACA approvals for MIP convictions for alcohol and for very small amounts of marijuana. But you will need to consult with an immigration attorney who specializes in the immigration consequences of criminal please before you enter a plea in this case.See question
The case under my name and build on the religion and my faith and I put my wife and her son with me in the file because she's illegal in here and now I'm facing a lot of problems with her and I want divorce her my question is if I divorce her now ...
Yes. You can file for asylum once 150 days have passed since USCIS received your asylum application if there is no decision on your case. If you divorce from your wife, she will no longer be included as a derivative on your asylum case, but it will not effect your asylum unless the asylum claim itself is somehow tied to your relationship to your wife.See question
I have a Russian friend that was sponsored by her daughter, a US citizen. she got her Green card this time last year. She wants to go back to Russia to take care of her ailing father and help the family. She would like to be gone for about one ...
She should apply for and receive a reentry permit before she leaves the U.S. if she plans on staying out for more than 6 months. If she is out for six months, there is a presumption that she has abandoned permanent residence and she will have the obligation to demonstrate that she had no intention of abandoning her residence. In addition to the reentry permit, she should maintain her domicile and bank accounts in the U.S., pay taxes here, keep her car registered here, etc. If she is out for a year or more, she will interrupt the physical presence necessary for citizenship and will have to wait 4 years and one day before applying for citizenship. Finally, she will need to keep all of the medical records to show that there was a bona fide reason that she was in Russia and did not intend to abandon her residence.See question