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Anish Vashistha

Anish Vashistha’s Answers

11 total


  • Can a person convicted and deported for U.S. passport fraud apply for U.S. citizenship if they are legally married to a citizen?

    We have been married for two years and my husband was convicted in 2009 for U.S. passport fraud. He was immediately deported back to his country and was told that he would be eligible to reenter in 5-6 years. Will he still be eligible to become a ...

    Anish’s Answer

    The short answer is maybe, but it appears unlikely.
    To become a U.S. citizen, your husband would need to first become a Lawful Permanent Resident ("Green Card" holder). If he has a Green Card for three years and remains married to you and lives with you for three years, he would be eligible to obtain U.S. Citizenship.
    Therefore, the real issue here is whether he can obtain a Green Card. It appears that your husband had falsely claimed to be a U.S. citizen. Falsely claiming to be a U.S. citizen bars someone from obtaining a Green Card through marriage to a U.S. citizen. There are other avenues of relief for which he may be eligible, but that would require more information.
    Finally, if your husband is the son of a U.S. citizen or otherwise had a reasonable belief that he was indeed a U.S. citizen at the time he claimed to be one, there may be a possibility that he can have the permanent bar waived, but it does not seem from what you have stated that he had such a reasonable belief.

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  • My sister's green card expired 5 years ago.

    She has been living here in US. She had to go out the Country 2 months ago and now wants to return to US. Should she renew her green card now on line or wait until she gets back to US. Will she have a problem entering the US?

    Anish’s Answer

    She would most likely have a problem returning to the United States if she does not try to renew it now. She is still a Lawful Permanent Resident of the United States, but she will be required to show proof of that status when attempting to enter the United States. Typically, Immigration officers at the various airports in the United States want to see the expired Green Card and a receipt notice for the application to renew the Green Card. She could also have her attorney in the United States take her passport to the local US CIS office following filing of the renewal application to have a stamp placed in the passport showing that she's still in Lawful Permanent Resident Status. All of this assumes that she is eligible for renewal, i.e., she did not violate Immigration law to the extent that she would now be inadmissible to the United States.

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  • My friend has a ins holld on him he is serving time for no driver license.

    his mom is a citizen an his dad is a permnant residence, his mom got him a lawyer can he get out on bail and how long will that take?

    Anish’s Answer

    It depends on what ICE finds out from him when they interview him. If they determine that he is a mandatory detainee, meaning he has one or more serious criminal convictions, then he would not be eligible for bail. However, if ICE finds that his only conviction is driving without a license, then he would still be removable for being in the country illegally but would be eligible for bond. In fact, ICE may simply let him be released while having him placed in removal proceedings if it determines that he is not a mandatory detainee, not a flight risk, and a not a threat to the community. Please note that your friend would still have to complete the remainder of his criminal sentence before the issue of eligibility for bond arises.

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  • I've been deported on aggriveted felony to india need help fileing hardship waiver

    i came to the u.s when i was 8 months old back in 1979 i lived there my hole life with a greencard. i dont have a single family member here.im also married to a u.s citizen shes here with me to.its very hard for us we both dont speak indian and th...

    Anish’s Answer

    Sir, I understand the difficulty you're facing. The first step to resolving your immigration matter is to analyze the criminal conviction that was determined to be an "Aggravated Felony." If there were any errors in the criminal case, you may likely be eligible for post-conviction relief in which the conviction would be taken off your record. A close examination of all the criminal records in your case would be required before such a determination could be made.

    If indeed you are eligible for post-conviction relief, then you would need an attorney skilled in criminal-immigration matters to pursue it for you. It appears that you have a number of equities including multiple U.S.-citizen family members. However, the law requires that you move quickly for post-conviction relief, so you should not delay.

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  • What is the process and requirements for an employment-based sponsorship of an F-1 International Student

    Do I need to have a bachelor's degree or is it possible to do with just an associate's degree? Also, what exactly is the process for the employer who is willing to sponsor me?What are the average costs? Any other valuable information would also ...

    Anish’s Answer

    Regarding the level of education, it depends on what field and how much work experience you have.

    Regarding the process, first you should change status to H-1b. Your employer will need to file a Labor Condition Application (Form ETA 9035) with the Department of Labor (DOL) to prove that your employer needs to hire a foreign worker and that your employer will be paying you the "prevailing wage" for that type of work in that geographical area. Fulfilling all the requirements and obtaining a certified approval for the Labor Condition Application from DOL takes about a month. After that, your employer can file an H-1b petition (USCIS Form I-129) for you, and you'll probably want to pay the $1,000 fee for premium processing, which will give you the approval within two weeks if everything is correct in the petition. If you don't do premium processing, it could take from 4 to 6 months to obtain approval of the H-1b petition. In any case, make sure your petition is filed with USCIS prior to the expiry of your F-1/OPT to ensure that you can continue working legally in the United States. Once the petition is filed (meaning USCIS has issued a receipt), you can then move to a different employer but that new employer will have to file (meaning USCIS has issued a receipt) a new petition before you can leave the first job and start with the second job. Also, departure from the U.S. during pendancy of an H-1b petition constitutes abandonment of that petition.

    This process is required because you're currently not in H-1b status. You're permitted a total of six years of H-1b status in the U.S. prior to having to return to your home country for a year before being able to return as an H-1b again. However, if a Green Card Application is pending, then your H-1b status can be extended for one year at a time every year the Green Card Application is pending.

    If your employer is willing to sponsor you for your Green Card, your employer will have to file a Labor Condition Application (Form ETA 9035) again with DOL. This usually takes 4-6 months for approval but can take even longer. Once the Labor Condition Application is approved, your employer can file an Immigrant Petiton (USCIS Form I-140) with USCIS, and if the priority date is current for your preference category, which is based on your educational and work experience and the education and work-experience requirements for the position, then you can concurrently file a Green Card Application (USCIS Form I-485). If the priority date is not current, you'll have to wait for it to be come current prior to filing the Green Card Application. If the Immigrant Petition is approved and the Green Card Application has been pending for more than 180 days, then you can change employers without having to have filed a new Immigrant Petition or having to to file a new Green Card Application provided that the new position is in the same or similar occupation and field. If the Immigrant Petition has not yet been approved but the Green Card Application has been pending for more than 180 days, then it becomes trickier, but if you're confident your former employer will not withdraw the Immigrant Petition, then provided the new position is in the same or similar occupation and field, you could change employers without having to have filed a new Immigrant Petition or having to file a new Green Card Application.

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  • Imgration

    I am a U S citizen I want to marry a women who is a coloubia citizen she has a son who is 13 they want to live here with me how can we get married and live here together

    Anish’s Answer

    If your girlfriend/fiancee is living in Columbia, I would recommend a Fiancee Visa. It is faster than an Immigrant Visa, and your girlfriend's/fiancee's son can get a visa as well as a dependent. After their arrival in the U.S., the two of you should get married in the U.S. and then apply for Green Cards for her and her son.

    If your girlfriend/fiancee and her son are already living in the U.S. and if they entered legally, then you can marry her immediately in the U.S. and apply for Green Cards for the two of them.

    If you wish to marry your girlfriend/fiancee in Columbia, then you'd have to apply for an Immigrant Visa for her and her son following the marriage.

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  • My H1b is valid for two years. However, when I entered to the US I have received a six month date stamp at my I-94. Why?

    I would like to know what should I do because stamped date will be in two month and I am not planning to go to my home country. Thank you.

    Anish’s Answer

    It appears simply from the information given that you need to depart the United States before the expiration of your I-94; otherwise, you will be out of status. Your visa will still be good, and you should be able to return to the U.S. You do not have to return to your home country. You simply need to leave the United States and provide the airline or the border-crossing guard your unexpired I-94. You will be issued a new I-94 upon your return and maybe the immigration officer will give you a longer status period if you ask for it.

    Alternatively, you can apply for an extension of status, the form for which can be found on USCIS's website. However, you need to have compelling reasons for your need to remain in the U.S. beyond the expiration of your I-94.

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  • When your I-485 was denied is it better to apply again with a waiver attached or do a motion to reopen the case??

    what will be the best way to prove extreme hardship

    Anish’s Answer

    First, if you were eligible to apply for adjustment of status with a waiver without leaving the country when you originally filed and have not left the United States in the interim, then you should be eligible to apply again without departing the United States. I am almost certain that you cannot reopen the case because it has been simply too long and the deadline passed. Therefore, the best route would be to apply again, but this appears to be a complicated case, and once a waiver has been denied once, the burden typically becomes even more difficult to meet when you apply again. Contacting an immigration attorney about this matter is advisable.

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  • How can I get somebody's registration number that is in ICE? PLEASE HELP!

    My boyfriend is in ICE in Tacoma...I want to see if he qualifies for an immigration bond but in order to do that I have to have his registration number and bond amount...How can I get his registration number...this has been a very difficult proces...

    Anish’s Answer

    It appears that your boyfriend has either been in jail for a criminal matter and then had an immigration hold placed on him or was arrested directly by ICE. In either case, ICE is probably preparing a charging document, called a Notice to Appear or NTA, for your boyfriend to have him placed in removal proceedings. Sometimes ICE takes longer to prepare such a document, but ICE is supposed to issue the document soon after detaining someone. The charging document will have the alien registration number on it. If you are able to communicate with your boyfriend, ask him what his alien registration number is or what is the alien registration number stated on the charging document. The number is the letter "A" followed by nine-digit number with the first digit being a 0.
    If that doesn't work and if you know the actual name of the facility in which your boyfriend is being held, contact that facility and ask for his alien registration number. Typically, if you speak nicely on the telephone and provide the detainee's name and date of birth, the ICE facility will provide you the alien registration number and the location of where the detainee is being detained if not at the facility which you called. For example, if your boyfriend is being held at the Tacoma Detention Facility, go to this link: http://www.ice.gov/pi/dro/facilities/tacoma.htm. That website will provide you with all the contact information necessary to get in touch with someone at that facility who would be able to help you.
    Now, regarding the bond, the bond qualification and amount is first determined by an ICE deportation officer and then can be redetermined by an Immigration Judge only after the charging document has been filed with the Immigration Court. Typically, when the ICE deportation officer gives the charging document to a detainee, he will also give the detainee his bond-determination form stating whether the detainee is eligible for bond and if so, for what amount. Again, when you contact the detention facility to find out your boyfriend's alien registration number, ask for the name of the deportation officer assigned to him and ask for that deportation officer's number or extension. You can also ask whether bond has been granted and in what amount, but most of the time, only the detainee and the deportation officer would not such information, so if you can't get in touch with your boyfriend, then talk with the deportation officer. Please note that because you are not related to your boyfriend, the ICE officers could simply inform you that they are not permitted to provide you any information. In such a case, have your boyfriend's mother, father, or sibling call.

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  • My boyfriend has an immigration holed this is his second felony

    my boy friend is 22 he has been here since he was 5 months old he is a legal resident this is his 2 felony he was charged with driving without consent and vandalism he got a year. His release date got reduce about 4 months but now he has a hold...

    Anish’s Answer

    First, I want to point out that it was very smart of you to seek legal advice about this issue because your boyfriend's case appears very complicated. Second, I should warn you about what you disclose on this site could possibly be viewed by the government, which may be in the process of attempting to deport your boyfriend or place him in removal proceedings. That being said, you should meet personally with an immigration attorney who also handles criminal matters for immigration clients. This is not a simple issue; therefore, there is not a simple answer. If money is an issue, seek an immigration attorney who provides free initial consultations and take as much documentation and information as you can when you go to meet the attorney. Finally, I'd like to point out that marrying your boyfriend will not solve the matter completely, but it could prove to be helpful. The same applies for your boyfriend's education and prospective occupation and the fact that he's been living in the United States since he was five years old. Again, these factors do not solve the problem, but may help the situation.

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