Hi, I am on H1 visa and I joined Army Reserve under MAVNI program. I went to many drills or monthly battle assemblies and got salary for that. What will happen if I deny from going to BCT? Will I be prosecuted and/or how will it impact my H1B visa...
What happens if you refuse to go to BCT depends on the facts and circumstances of your individual case, your reasons for refusing to go to BCT, and whether your commander decides to court-martial you for refusing to go to BCT, or not. You have worded the question in a way that makes it sound like you don't realize that you are a Soldier in the Army and are subject to the Army disciplinary system. You should make an appointment to see a lawyer who is familiar with the MAVNI program, immigration law, and military law, so you can get accurate advice. Your question implies that you might be planning to commit a crime under the Uniform Code of Military Justice ("Failure to report"). Committing a crime could indeed affect your immigration status in the future, so please go talk to a qualified attorney before you do something that could cause you to end up in jail or deported. On the other hand, if your commander releases you from your Reserve duty because your commander determines that you are no longer suitable for military service, you might not face any serious immigration consequences. Cancelling your contract is not your choice, however, it's the Army's choice--you are already in the military, if you have signed an enlistment contract, only the Army can discharge you at this point: You cannot do it unilaterally. The Army does regularly discharge "entry level" Soldiers without court-martialing them--but this depends on the facts of each person's case. Please go seek confidential legal advice from a qualified attorney.See question
I was recently abuse by my husband and the criminal case is in court. I am suppose to file to remove conditions by August but am now putting together my documentation as am self petitioning. Would there be a problem if I don't meet the deadline ...
There is a deadline in the law for filing a joint I-751 with your spouse, but there's no deadline for filing a waiver of the joint filing requirement. That said, you may want to file your own waiver petition before your card expires so that there is no question about your immigration status. With regard to the work issue, the law is clear that employers are not allowed to re-verify a lawful permanent resident who is a current employee, so you should not lose your current job--but if your card expires and you have no documents that allow you to complete form I-9 with a new employer, you may have difficulty starting work at a new job. The questions you are asking are quite complicated and it may be difficult to sort them out on your own. The Alaska Immigration Justice Project provides assistance to victims of domestic violence who have immigration issues; you may want to make an appointment with them if you cannot afford to seek assistance from a private immigration attorney.See question
Am I eligible to petition myself even without divorce yet. I need to file by August. Do I still need him to jointly file with me or I could do all alone. Am afraid of him and don't want to put my life in danger.
Yes, you may petition on your own, based on what you've said here. I would recommend that you talk to an experienced attorney to make sure that you file your petition correctly; the law can be confusing and the Anchorage USCIS often makes mistakes in handling these cases (because the law is confusing). If you can't afford a private attorney, the Alaska Immigration Justice Project often assists victims of domestic violence on a "pro bono" (free) basis.See question
I am drug felon in the past and can't get passport, even if I could it will be difficult to enter the country she's in. Can I invite her and her children (2) on fiancee visa to US since I can't travel. We are 3 months into relationship and in love...
Here's what the immigration regulations state:
"8 CFR 214.2(k)(2) Requirement that petitioner and K-1 beneficiary have met. The petitioner shall establish to the satisfaction of the director that the petitioner and K-1 beneficiary have met in person within the two years immediately preceding the filing of the petition. As a matter of discretion, the director may exempt the petitioner from this requirement only if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day. In addition to establishing that the required meeting would be a violation of custom or practice, the petitioner must also establish that any and all other aspects of the traditional arrangements have been or will be met in accordance with the custom or practice. Failure to establish that the petitioner and K-1 beneficiary have met within the required period or that compliance with the requirement should be waived shall result in the denial of the petition. Such denial shall be without prejudice to the filing of a new petition once the petitioner and K-1 beneficiary have met in person."
I've lived in the USA ever since I was 4 (I'm 19 now) and I wanted to travel to Japan for the summer with a couple of my good friends. I have a Republic of Korea passport and have a work permit to the USA. But I'm worried that I'll be detained an...
If you are truly an "undocumented" immigrant and you leave the US without any travel permission from the US Government, you won't be allowed to come back until such time as you qualify for a visa. Also, if you have lived in the US without permission for more than a year, and you depart without "advance parole" travel permission, you will be barred from coming back for ten years. Please go see a lawyer to find out whether you can safely travel.See question
My husband lives in El Salvador. I'm trying to bring him to Alaska. i'm doing as my own agent, but it's getting hard for me to do it alone. I need someone to help me,
It is very common for people to have an attorney assist with consular processing forms. You can find experienced attorneys here on Avvo who can help you with this. Our office is in Anchorage and we do these forms every day. We'd be more than pleased to assist you if you need legal counsel to help your husband with consular processing.See question
I have a question. I am working on L1 A and my husband has an L2. We both had filed for H1-B (Cap) petition (Change of Status) individually in April. I have received my receipt number, but my husband has not received it yet. Since USCIS Data entry...
I would recommend that you have an attorney help you with this process, because it can be complicated, but generally, you would file a request to change your husband's status from L-2 to H-4, once your H-1B has been approved.See question
I have a work permit through marriage. I speak French and some Chinese . I also have a bachelors degree in French and political science
You can't join the military under the MAVNI program unless you are in one of these specified statuses on the date of enlistment: http://www.defense.gov/news/MAVNI-Fact-Sheet.pdf A person with a work permit through marriage is not eligible for MAVNI unless the person is also maintaining F-1, J-1, or one of the other listed statuses. A work permit alone will not qualify you. Once you get your conditional green card, however, you can join the military as a "regular" recruit, not through MAVNI.See question
Hi I have a work permit through marriage. I speak French and Chinese. if my wife withdraws her petition for green card can I still apply and if yes do I qualify
The MAVNI program requires a person to be in one of several specified statuses, and to have been in those statuses for two years, on the date of enlistment. People who merely have work permits because a US citizen spouse has sponsored them are not eligible for the MAVNI program. Once you get your conditional Lawful Permanent Residence (two year green card), you can enlist in the military (but you won't need to qualify for the MAVNI program). Unless you are still holding F-1, J-1, or one of the other MAVNI statuses, you can't enlist through MAVNI just because you have a work permit. See this website for a list of the qualifying MAVNI statuses: http://www.defense.gov/news/MAVNI-Fact-Sheet.pdfSee question
The marriage was a sham in my mind. She came with over $20K debt , I paid it off. We met in September 2008 and married hurriedly in Feb. 2009. She refused to change her name and we slept separately thereafter. I went into debt hundreds of tho...
Marriage fraud is a felony for you as well as for her; did you really mean that you committed felony marriage fraud? You could face a possible jail sentence of up to five years, and a fine of up to $250,000 dollars. Admitting to marriage fraud or accusing another of marriage fraud won't necessarily cause you to be released from any support obligation, either. But most people who want to enforce the Affidavit of Support (I-864) against a spouse must do so in the context of a divorce proceeding. So if she wanted the Affidavit enforced, she should have raised this in the divorce case. While it's technically possible for her to bring a separate civil lawsuit against a sponsor who fails to support an immigrant, this sort of lawsuit rarely happens because it's expensive and a sponsor might have defenses to such a lawsuit (for example, that the immigrant is able-bodied an able to support herself and therefore does not need the support). But it would be up to a judge to enforce the affidavit; there's no practical way to enforce it short of taking someone to court.See question