Skip to main content
Daniel Patrick Hanlon

Daniel Hanlon’s Answers

7,021 total


  • I-485 and I-130 Concurrent Filing. Do I need to provide duplicate copies of naturalization, passport size photos etc for each fo

    Do I need to provide duplicate copies of naturalization, marriage license, passport size photos etc for each form being filed?

    Daniel’s Answer

    For each I-130, yes, if there are multiple beneficiaries involved.

    See question 
  • If I marry someone that overstayed their tourist visa, can I then apply for their adjustment of status and stay here until done?

    I met this girl and her 12 year old daughter that over stayed their tourist visa and are living with friends in the USA now. If I marry her and apply for adjustment of status, can she get legal without having to go back to Brazi, leave the USA?

    Daniel’s Answer

    Yes, it is possible for an overstay to seek adjustment of status base don the petition of a US Citizen spouse/step-parent. Consult with an attorney.

    See question 
  • HOW LONG DO I HAVE AFTER EXPIRATION of my F1 visa to be eligible for Curricular Practical Training?

    I have graduated from college in the US years ago and am a UK resident

    Daniel’s Answer

    CPT is only available while still in school and OPT must be requested during the last 90 days of your F-1 status.

    See question 
  • Applying for N-400 and has two trips in 2012 and 2013 lasted more than 6 months and less than a year

    I am applying for N-400 and has two trips outside the country in 2012 and 2013 lasted more than 6 months and less than a year, within the last 5 years I have met more than the 50% residency requirements approximately 1000 days present and 820 day...

    Daniel’s Answer

    The absences of more than 6 months/ less than a year create a presumption that you have failed to meet the continuous residence requirement, even if you meet the 50% plus requirement. Meet with a lawyer.

    See question 
  • DS-160: Visa refusal question - Does H1B visa lottery petition rejection count?

    "Have You Ever Been Refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the point of entry?" Does a rejection of the H1B in the lottery count as refused a US Visa?

    Daniel’s Answer

    No. That is not a visa refusal, but merely bad luck.

    See question 
  • Using B1 Visa for Tourism

    I have been granted a visa with B1 stamped and an annotation of the company and state I will be visiting. My business trip will last 10 days. But I intend to travel interstate by land to visit a friend for a few days after that.I made arrangements...

    Daniel’s Answer

    If only for a few days and in addition to the stated purpose of the business trip being accomplished, that should not be a problem, as long as within your period of admission. Any lengthier stay would require an application for a change and extension of status.

    See question 
  • Am I able to Bahama cruising for a week snce my F-1 visa has expired 8 months ago But I've been keeping my I-20 & I-94 active

    Im Japanese citizen . I have passport and I-20& I-94 & travel endoecement sigh from dos of my current school .

    Daniel’s Answer

    You should not depart the territorial US without a VISA in your passport to allow you to return safely.

    See question 
  • Can I file/ apply for my own green card on F1 status ?

    I only have < 11 months left on my 6th year on H1B visa. I do not have my I-140. My company had filed for my labor, but let me go before I got my I-140. Currently, I am on B2. Now, I was always thinking of getting a MBA degree (I already have a MS...

    Daniel’s Answer

    There are many problems with the set of facts presented. Consult with an attorney.

    See question 
  • I-485 Current status of F-1 overstay

    I came to the US on an F-1 visa and have been studying here for three semesters. I was supposed to continue taking classes this Fall but I never did. Does this mean I'm currently out of status? What should I put for "Current USCIS status" and what...

    Daniel’s Answer

    Yes, this means that you are currently out of status. However, since you are applying for adjustment of status, you are now an "Applicant for adjustment of status."

    See question 
  • Change of non-immigration status

    Hi, If I move from H1B visa to F1 visa, can I move back to the H1B without being subject to annual cap after one year?

    Daniel’s Answer

    Possibly. This depends on whether you would be eligible for six-uninterrupted years of H-1B status at this point and other factors.

    See question