Will the category be changed from F2A to immediate relative?:
I'm about to apply for US citizenship. I have fiancee abroad. What will happen if I file I-130 for my fiancee now (while still a permanent resident) and later become a US citizen (after I-130 is approved)?
My goal is to have the I-130 approved by the time I become a US citizen.
Thank you!
Stanley’s answer: You cannot file an I-130 petition for a fiancee. That application is an I-129F. However, if you are legally married and then file an I-130 visa petition for your spouse as an LPR, that visa petition, once you naturalize, will automatically become an immediate relative visa petition.
Are you able to request Voluntary Departure before Merit Hearing ( final / individual hearing) to leave the country ? : Friend in immigration Removal proceedings, and merit-hearing (for asylum relief) scheduled for next year, but her country conditions hv improved, and do not wish to stay here longer... would like to go back to their country and do counselor processing through a family member in future. So can she write ( using an attorney) to gov attorney/prosecutor & judge to withdraw asylum merit-hearing and get voluntary departure? -or- does she need to wait till merit hearing and ask for VDeparture then ? That's a very long wait! Please provide any input. Thank you.
Stanley’s answer: You would file and serve a motion to advance hearing, stating in the motion the reason for asking the case to be hear earlier. If your friend has an attorney, they should be able to do this for you. If not, or pro per, then there are samples of such a motion available online.
How likely is it that I can get my pardon?: I illegally came to the U.S at the age of 8 back in August 2006. i have ever since been here and I have no criminal background etc. I now have two children with a U.S citizen who I plan on marrying. We plan on filing a petition and hopefully it will be approved. If so I need to request a " pardon" and I'm scared it won't get approved. How likely is it that I won't get it accepted ? If I marry my husband who is a U.S citizen, will I be right away approved for a work permit ?
Stanley’s answer: I am assuming by "pardon" you are referring to an I-601A hardship waiver. The waiver is based upon the hardship your qualifying relative would suffer, your USC spouse, if you were forced to return to your home country for 10 years. These waivers are difficult to obtain and I would suggest you speak with an experienced immigration attorney who is knowledgeable with these types of waivers.