Or should I refile 140+485 to ensure I will be able to continue to work while my applications are pending?
Most likely when they denied the I-485 they cancelled your employment authorization - it probably in the "small print" at the end of the decision. Thus, you would fall back to whatever status you had prior to filing your I-485 with the same stay and expiration date. You may have already overstayed (ex.: you H-1B expired) or fallen out of status (stopped going to school on your F-1 student visa). If you are out of status, then you can file a new I-485 (although there are a few exceptions). The appeal of your I-140 and I-485 will not allow you to apply for an EAD (work permit) unless the appeal is sustained (you win the appeal). You also have to make sure that you do not accrue 180 or more days of "unlawful status" since you would then be subject to a 3 year bar (10years if you accrue more than 1 year). You really need to see a qualified immigration lawyer - especially to evaluate your appeal and other alternatives (motion to reopen or reconsider, applying for a new visa abroad, etc.)See question
I have been out of the country for 30 years and just returned. I would like to bring my wife here.
Unless your 30 year absence from the U.S. was involuntary (ex.: you were in a hospital all that time) you have most likely abandoned your permanent resident status. Thus, you and your wife will have to start out all over again to qualify for a green card based on your current eligibility under the law.See question
Hi on an n400 where it ask if you associate with a gang or is a member you put no because that's the truth but the cops has your name on a gang list can immigration say you lied about being a member when your not? Since the real answer is no and y...
I just checked the N-400 form and there is no question about whether you are a member of a gang - however, you have to mention if "you ever been a member of, or in any way associated with, all organizations, association, fund , foundation, party, club or similar group in the United States or any other location in the world?" That's pretty broad language - although most of my clients seem to have no problems when they answer "none".
Denaturalization is a very complex area of immigration law. It is very difficult for the government to prevail. There are decisions from the U.S. Supreme Court regarding what the government needs to prove. However, if you are denaturalized you then "fall back" to being a lawful permanent resident and can be deported.
If you have reason to believe that USCIS is considering denaturalization proceedings against you you should talk to a qualified immigration lawyer immediately. The sooner a lawyer is involved the more that can be done to protect your citizenship status.See question
I filed the 751 with the explanation and it was accepted. I went in for an interview, and the officer told me she was going to approve the 751 once I send her my final divorce decree. While it was being adjudicated, and the proceedings were on hol...
Yes. There is a good chance that if you do not show up to the hearing or you do not have an attorney show up for you, the Immigration Judge will order you removed "in abstentia" (without you being present). Your green card (extended conditional resident status) will immediately be terminated and you will not be able to return to the U.S.
The type of biometric processing needed to complete your case requires a personal appearance at a USCIS Application Support Center which are only located in the U.S. Paper fingerprint cards won't be accepted. Your should request that the biometric appointment be rescheduled or eventually the application will be denied based on lack of "prosecution" (by you).
I came here illegally when I was 7 years old that was in 2000. I am now 21 n I'm married to a u.s citizen we have one baby n another one on the way. What will I need to do to apply for residence ? Will it be hard for me to apply if I came here ill...
Normally, because you came illegally (without inspection) your husband would have to first file an I-130 petition and after it is approved you would have to apply for an I-601A waiver of the 10 year bar and then apply for an immigrant visa at the appropriate American Consulate abroad (Ciudad Juarez if your Mexican.)
HOWEVER, since it sounds like you may be eligible for DACA you may be eligible after receiving DACA to receive an advance parole document if you have a humanitarian or educational need to travel abroad. Once you return using the advance parole document you would be legally eligible to apply for adjustment of status based on your marriage to a U.S. citizen. Although such cases have been approved there is no official policy from USCIS regarding these types of cases.
YOU MUST SEE A QUALIFIED IMMIGRATION LAWYER IF YOU WANT TO BECOME A LAWFUL PERMANENT RESIDENT OF THE U.S. IF YOUR CASE IS NOT HANDLED PROPERLY YOU COULD GET "STUCK" ABROAD INSTEAD OF GETTING A GREEN CARD.See question
I'm American citizen: excellent credit & income. My brother's visiting; he loves it. How can I help him get a green card? Thank you very much.
Although a U.S. citizen over 21 years old can petition for a sibling, that quota - the Family Based 4th preference - is backlogged over 14 years for most countries - even longer for people born in Mexico or the Philippines. Although filing a petition under that preference could be a "long term" way of getting him permanent residency, there hopefully are faster ways based on his skills or education or some other provision in the law. You and your brother should definitely see a qualified immigration lawyer.See question
I have a current pending i485 (i am a derivative) but after consulting many lawyers, they said that I will most likely be denied since I have been working since 2012 and my most recent EAD expired in October 2012. Now that my fiance and i are gett...
No. There are training materials that instruct officers not to consider whether or not the wife (or husband) changed their last name.See question
Im married to a Us Citizen for about 4 years, he has abuse me in the past fiscally, mentally and sexually, but since I was so scare of him I never called police or file a Divorce, he had cheated several times and this time he file for divorce and...
It is possible that with the guidance of a qualified immigration lawyer or Legal Aid lawyer you might be able to document the abuse - psychologist reports, affidavits from witnesses, etc. Good luck.See question
the question that i have do i have to get a lawyer to help file the other application from the national visa center if im already approve and my case its on process do i really need to get a lawyer?
Before you leave the U.S. you might want to know if you will have a problem coming back. Just because the NVC schedules an appointment for you at a American Consulate abroad (Ciudad Juarez for instance), it does not mean you will receive your visa. Especially if you ever lived illegally in the U.S. or overstayed your visa.
Can I apply for a 601 waiver with USCIS? I am currently living in China. What other waiver can I apply for in order to return to the US? I have no USC or LPR relatives
It sounds like you were denied an a "intending immigrant" (section 214(b)). In other words, the last time the American Consulate gave you a tourist visa you came here and instead of leaving (as you claimed you would) you applied for asylum. You do not need a waiver (there is none) - you have to convince the Consul that you will leave the U.S. after your stated purpose (going as a visitor for business or pleasure) is over. It will be difficult to convince them of this and the burden of proof is on you.See question