Skip to main content
Husna F. Alikhan

Husna Alikhan’s Answers

577 total


  • File marriage based GC

    Hi Experts, We recently got married, and want to file I-130, alien spouse petition. Situation is that my Wife, started working in this year itself, and she does not have any IRS filings for previous years, Can she execute I-864...

    Husna’s Answer

    You should review the I864P found out www.uscis.com to see whether your wife's income meets the Low Income Cut Off requirements. If she does, she can attach pay stubs for past six months and provide a letter from the Internal Revenue Service stating that she does not have prior filings. If she does not, a Joint Sponsor will be required. To qualify as a Joint Sponsor, the individual must a permanent resident / or citizen of the United States and must meet LICO amounts for his/her household size.

    See question 
  • Can i file i-360?

    I got married to a US citizen in march 2013. He refused to petition for me with the uscis until last month but he refused to give me his tax returns for i864. Recently i learned that august last year he had been sued for defrauding someone. All th...

    Husna’s Answer

    Extensive evidence of emotional; psychological or physical abuse is typically required an these Petitions. A very detailed personal statement with a chronological history of your entire relationship is also required. As stated in answer above, I-360's should be prepared by an experienced immigration attorney.

    See question 
  • Does graduate certificate course qualify as US master's for first 20,000 H1b petitions filed?

    I have completed a Graduate certificate course from an accredited institution in the US and have a previous Masters in Management from UK. Do I qualify under the first 20000 petitions filed for H1b visa on these educational grounds? Also, can I ha...

    Husna’s Answer

    In addition to answer above, you may want to acquire a foreign credential evaluation for your Masters in management from UK.

    See question 
  • TN VISA AS NURSE IN US

    Employer willing to sponsor me for GC. Want to apply for i-40 and i-485. Spouse is on TD visa, he want to apply for i-485 so that he can get EAD while application is pending. Possible? Does if affect or deny our application while on TN/TD visa.

    Husna’s Answer

    After your I-140 is approved, and your priority date is current, verify that you have at least 6 months left on your TN. If so, proceed and file I-485. If not, apply for a new TN immediately. If your priority date is not current, keep renewing your TN until your priority date becomes current. Once it is current, make sure you have 6 months left on your TN and proceed to filing of I-485. An experienced Immigration Attorney is mandated for this process.

    See question 
  • Criminal record can affect my green card procedure ?

    I got married and I would apply for a green card to become a permanent resident and stay with my wife.but she had a criminal record (drug's possession, fraud destroy removal concealment writi) I just want to know if her criminal records can be a s...

    Husna’s Answer

    • Selected as best answer

    If your wife is the United States citizen and your sponsor, than her criminal history has no impact on your sponsorship. However, she would have to provide adequate proof of her financial ability to sponsor you. The financial threshold amounts for Low Income Cut Off may be found on the I864P at www.uscis.gov If she doesn't have sufficient income, than you have the option of getting a joint sponsor.

    See question 
  • Can I apply I 131 with no fee after recieved I-765

    I applied I-485 and I revived i765 card today. Can I apply I-131 with no fee now? 5 years ago,I entered u.s with waiver visa and I was scared if I apply 131 with 485, they denited my case. I want to have some opinion about I- 131. Would...

    Husna’s Answer

    If you attached your current Receipt Notice for the I-485, than yes, you are able to submit the I-131 without a fee payment.

    See question 
  • Can I petition for my fiance who I got engaged within a foreign country while waiting for final divorce in my previous marriage?

    I'm a US Citizen. I visited my fiance's country in November 2014 and got engaged to her in December 2014. I came back to U.S. in December 2014. I had earlier filed for an uncontested summary dissolution from my previous marriage in Septem...

    Husna’s Answer

    • Selected as best answer

    The main prongs of a fiancee petition scrutinized by USCIS are that you and your fiancee have met in person within the past two years; that you are eligible to marry your fiancee [which you now are] and that you are financially capable to sponsoring and supporting him/her. The fact that you met your fiancee while you were still legally married will not impact your petition. What is important is that your marriage is now legally terminated and you are able to marry your fiancee upon his/her arrival.

    See question 
  • Can I bring my mother to US?

    Hi all. I am a naturalized US citizen and live abroad for now. I want to bring my mother to US. How can I do it considering that a) I have not worked ion US for the past 5 years, and b) will not be living in US while the petition will be p...

    Husna’s Answer

    • Selected as best answer

    a) You have the option of getting a joint sponsor who is a legal resident of the United States and has sufficient income; b) You would also have to provide sufficient proof of your intention to return to the United States in order to be a successful sponsor ie. lease agreement; employment offer; etc

    See question 
  • Can affidavit of support be from a married couple?

    My parents won a DV lottery, and I need to submit an Affidavit of Support. I don't have much money on my savings account, we keep money on my wife's personal account. if I submit affidavit on my behalf, shall I mention my wife's account under 'I ...

    Husna’s Answer

    In addition to answers above, the I-864P found at www.uscis.gov should give you an idea about the Low Income Cut Off requirements for household size [number of members in your immediate family and your two parents].

    See question 
  • N400 Application /DUI

    My husband got a DUI (1st, misdemeanor) in California over 3 years ago, he was placed on informal probation, which ended in 08/2014, and he went to court on 11/03 and the judge dismissed/expunged it pursuant to Penal code 1203.4. He is applying fo...

    Husna’s Answer

    Good moral character is one of the naturalization prongs left at the discretion of the adjudicator. Although its one misdemeanor which was dismissed, it will be scrutinized by immigration officials. You will need to submit court certified copies of all documentation; police report; court minutes; and final outcome; with your petition. It would be safest to wait until five years passes from the end of the probation period [08/2019] before you apply.

    See question