Hi, I entered the US on a tourist visa. Before my legal stay expired I applied for a F1 student visa and the case is still pending. In meantime, my boyfriend and I decided we would like to get married. Can I apply for a green card based on marriag...
Go ahead and apply for "adjustment of status" ("AOS") as soon as you get married. There is no requirement or any advantage for waiting until your COS application to F-1 is ultimately approved (if at all approved..) Note that USCIS typically takes 3-5 months to adjudicate a COS application and there is absolutely no need to wait until such time, especially so if suspecting or risking a denial.See question
I got 2 DUI's and the last one was june 2015. I served 5 days in jail. I am currently on H1B visa which got approved last year july. I am going to India and I have a question related to that. Is it any difficulties in getting Visa Stamping? Also M...
Your 2nd DUI conviction now has the potential of creating "serious consequences" as far as "getting Visa Stamping" (in Hindustan of all places..) is concerned. Urgently seek the advice and counsel of your employer's immigration lawyer, and it he/she were not to be accessible and/or you feel "uneasy" about contacting him/her, urgently schedule a consultation with the independent lawyer of your choice.See question
1. I am 27 Years and an Indian Citizen. 2. I work as a consultant in Dubai, from time to time. 3. I am planning for one year program (Total 1 Year Tuition Fee $30,000) 4. Can I provide a financial statement, with a lump sum single deposit or is...
At the time of your visa interview, you need to be in possession of proof of availability of liquid funds in a time deposit at a bank, covering the entire cost of your tuition and living expenses for the entire year of contemplated period of studies.See question
This is because my B2 visa was rejected 3 times and wanted to find out the exact reason. Is there anyway to do that. VO will never inform the exact reason for rejecting the Visa. However if there is a way to find out would be grateful.
Unfortunately not, practically speaking, since a "FOIA" application filed with DOS will not yield any useful information, more than you were already told or shown on your "visa refusal sheet" which the consular officer must have handed you time and time again, after each visa denial.See question
I entered the U.S on a K1 Visa and married within the required time in, AZ. Unfortunately (or fortunately depending on how you look at it) this marraige isn't working and I wish to get a divorce. Do I need to stay here to begin divorce proceedings...
You are absolutely free to elect whether you'd like to initiate (and/or attend) divorce proceedings in the USA or wish to do so in your home country. You will have no problems departing the US in order to do so, if that's what you'd ultimately like to do.See question
I got approval to remove conditions. Green card was issued. But not received. Got lost. Can I apply for citizenship with the letter of approval I have instead of filing I 90?
Largely depends on your particular USCIS district office's policies. I would like to say "yes", but then again, I am in California. But kindly note that there is no law, rule or regulation that forces or obligates one to possess the actual "plastic" green card when applying for citizenship. Note that the "green card" is simply "proof" of one's lawful US permanent resident status, but never the status itself.See question
My PERM just got approved and my I-140 will be filed under premium processing by my employer's lawyer tomorrow. My 6th year H-1B expiry date is December 15,2015. I am expecting to get H-1B and H-4 extension for 3 years approved before December 10,...
1. Hopefully no more than 70-80 days, even though USCIS has 90 days during which to process your wife's EAD application.
2. Wife can travel to India while her I-765 EAD application is pending. It will continue to be processed during her absence, despite her departure mid-stream - will make no difference.
3. Nothing of the sort will happen. Upon issuance of an RFE USCIS will give wife 86 days time limit during which to respond to the RFE. Wife will thus have ample time and opportunity to respond upon her return to the USA.See question
As a Canadian Citizen, I can stay in the US legally 6 months per year, on a visitor visa. Been here in the US for more than a month now. I was on TN visa for about 6 months before that. Then got laid off. Returned to Canada a couple of times.Got m...
1 You could, but any such move within 3 months for your last entry/admission into the US as a "visitor" will be closely scrutinized for signs of "visa fraud" and having harbored "preconceived intent" upon entry, both of which could render you inadmissible and removable if not carefully planned and preemptively dealt with.
2. If correctly timed and filed, it will take some 70-80 days to obtain both your work permit and travel authorization document.
3. USCIS is a "fee-driven" agency (yes, your fees are paying their salaries and financing their budget..) As such, they abhor granting any "fee waiver" applications, first and foremost to individuals with "moderate" income or any income at all.. Filing such a request will prove to be both futile and a waste of time and resources. If you shop for your obligatory "green card medial test", you'll be able to, at best, save some $50.
Benching of an worker occurs when their employer, say during a time of low productivity or otherwise slow business, is not paying their TN employee their wages, a.k.a. “benching” them.
No, that is not "legal" at all, and your recourse is with the US DOL's "Wage and Hour" division, which I have no doubt they'll be happy to hear from you. Equally note, however, that it is also "legal" to terminate such an employee on either a TN or H-1B status, without any cause and at a single moment's notice.See question
He is getting a Phd. He was here a few years before we met. I am 7 years older. I am the primary breadwinner due to him being in school. He lives with me, but everything is in my name. What are the stipulations for different visas? He g...
As soon as you two are married, your husband will be able to apply for the "one-step" I-130/I-485 "Adjustment of Status" ("AOS") (marriage-based "green card" application). If correctly filed the first time around, your husband will be able to obtain his work and travel permits within 70-80 days, AOS interview within 2 months after that, where his "green card" should be approved, with the "plastic" card in your mail box some 2 weeks afterwards. It will do both of you a world of good to engage a lawyer from the very beginning, to avoid all mistakes & what could be endless frustration, since each omission and mistake will throw you aback by months. Last, but not least, the fact that you are 7 years older than your future husband will not make things any easier (or faster).See question