Margaret Ann O'Donnell's Answers

Green card and the proof of being on the process

Hello. Congratulations on your marriage! Once your spouse files the I-130 Petition and you file the I-485 Application, you no longer qualify for the F-1 Student Visa because you have demonstrated the intent to stay permanently in the United States. You would then have the status as an adjustment applicant, and not as a student. With your application materials, you could file the I-765 Applciation for Employment Authorization and the I-131 Application for Travel Authorization, so you could...

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What to do?She’s a Filipina came here in USA as Fiancee Visa thy got married &she give birth 2 a baby Boy.After thy got marrie

Your friend may be eligible to apply for her own residence through the VAWA program for battered spouses and children. This is not affected by her divorce. She should immediately consult with an immigration attorney to determine her best optionss.

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I have to go through a pre trial diversion programme in a shoplifting case so my finger prints would b taken at the point of

Definitely pre-trial diversion is the best choice, instead of a guilty plea and conviction. Your criminal defense attorney should work with an immigration attorney to insure that the outcome won't affect your ability to apply for immigration benefits in the future.

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Regarding immigration to US

In general, US lawful permanent residents (LPR) can petition for residence for their spouses and children, but the visas are not immediately available. There is a backlog of petitions; depending on the country in which you hold citizenship, the wait now is at least five years after your husband submits the petition for you, based on your marriage. If your husband becomes a US citizen, the visa is immediately available to you. You will be interviewed for your visa in the country in which you...

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Citizenship of baby

Yes. If you are a US citizen, the child you adopt will also be a US citizen. You must petition for your child’s citizenship and may begin that process immediately upon adoption.

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Can a person still become naturalized (U.S. Citizen) or be deported if he or she got caught shoplifting underage?

Yes, this person is eligible to obtain citizenship. The juvenile sentence was diverted, so there is no guilty plea or conviction. Even if the child had been convicted, juvenile offenses do not bar eligibility.

Being born while in foreign country

Yes. If one or both both parents are citizens, your child is also a US citizen. Make sure to register your child’s birth at your nearest US embassy or consulate within six months of birth.

Sick mother from Peru to live with us

The best option for long-term stay is lawful permanent residence. Assuming your wife is also a US citizen, her mother has an immediately available visa to enter the US as a permanent resident. Your wife may petition for her mother’s visa now, and after about 6 to 8 months of processing time, her mother would have her interview at the US embassy in Peru. If her mother is able to pass the medical exam and meets certain other conditions, and if your wife’s income is sufficient to support her,...