We'll help you find the right solution for your needs
Does this sound like your topic?
The said Embassy denied my 4-year old son's J-2 visa for three times and put it under administrative processing (from last 3 months) on fourth attempt due to intervention of Ambassador. I divorced my son's biological mother 4 years back. I have th...
I'm sorry to hear of what you've had to go through here.
Unfortunately, I don't have much to offer in the way of real help - just the knowledge that you're far from alone. Advanced security checks or other forms of additional review under the blanket term "administrative processing" are incredibly common especially at certain posts, and waits of many months can be typical.
There is really nothing that can be done to speed them up; these cases get stuck in limbo until they eventually get around to reviewing and giving a decision. To be fair, there likely really are cases requiring advanced security checks taking a very long time by intelligence officials, and which are out of the control of consular officials - but I suspect this is a small fraction of cases.
Once a decision is made, and if the decision is negative, there are a few limited ways to address a negative decision - requesting re-determination, addressing a USCIS notice of intent to revoke if a case is returned and one issued (not really applicable here), and for an attorney addressing with the State Department in DC if the decision is wrong on the law itself.
On the whole though, consular officers have enormous discretion and very little oversight - almost no way to address a finding of fact you think is wrong.See question
My background - I have an overall Industry experience of 6 yrs and 4 months. With around 4 yrs, 11 month with my current employer when I was in India and 1 yr 5 month with the same employer in US. I have a 4 year bachelors degree in Computers & ...
This is true - in fact, it would even be problematic to rely upon experience gained with the overseas branch of the company.
An employer's minimum requirements are what's important for these types of cases, and an employer can't say something is the minimum requirement for a job if you're in that job now and you didn't meet the requirement at time of hire (or for that matter, even if someone ELSE doing the same job didn't meet the requirement at time of hire).
There are limited circumstances where the employer can petition for a future job so substantially different than the current job that you can use same-company experience, but there's a greater risk in trying it.
Your best bet may actually be to move to a different employer willing to petition for a green card for you where you would then have had the qualifying experience at time of hire.
Speak with a lawyer for more specifics.See question
I got my H1B from employer X and need to transfer it to employer Y and I lost my job recently and my employer Y is reluctant to transfer it and my employer X is filing the H1B withdrawal petition in 10 days. so how much grace time do I have to fi...
Speak with an attorney about this - one who is willing to discuss the obligations of filing with employer Y and put to rest any fear they have as a result of uncertainty about the process.
Technically, you are out of status as soon as no longer working for the petitioning employer (X). In reality, USCIS tends to accept pay statements dated within 15 days before filing as evidence of maintenance of valid status with the prior employer. Even this doesn't give you very long to file a transfer of employer petition, given the need to get a Labor Condition Application approved first.
Worst case, Y can still file (assuming the H-1B petition they would file is otherwise approvable) but you will need to go abroad and reenter using the new approval.
You would need to get a new H-1B stamp in your passport before returning if you don't already have one from x or a previous employer that's still valid; if you do have a current valid H-1B stamp it can be used for reentry alongside a new company Y approval.See question
Hi, I am a US citizen who has married my UK partner who is currently living with me in the US. I have filed the I-130 form to petition his stay here in the US. Whilst this is pending can he briefly travel back to the UK for a family wedding and t...
You would really want to speak with an attorney here.
It isn't clear whether you filed only an I-130, and I-130 AND an I-485 (which you can do as long as your UK partner entered the US legally), or those two AND applications for interim work/travel authorization.
If you've filed everything, and he's already received the travel authorization, then this is no problem.
If you filed the I-130 and I-485 and either filed nothing further or filed for travel authorization and it hasn't been approved/arrived yet, leaving abandons the I-485 and your spouse would need to process abroad (potentially almost doubling the amount of time this will take).
If you filed the I-130 alone with the intention that your spouse will process abroad, then he's very likely to have trouble returning as a visitor - he'll be perceived to have the intent to remain permanently because he has married a citizen and an I-130 has been filed for him, which precludes having the "non-immigrant intent" required to be admitted as a visitor. Unless he's on an H or L visa which expressly permit that intent, he's unlikely to be permitted back in.
It would have been best to consult an attorney before filing anything, but this may all be salvageable if you get legal advice now (and there's no departure before getting advice).See question
I'm a US citizen and I have a baby who is too and am planing to get into the government benefits and planing on bringing my husband will that effect me in any way? Please Help need advice
You will still be required to sign an affidavit of support form when sponsoring your spouse, but you can't rely on that alone to meet the support obligation.
Since you likely don't have assets of three times the required amount (another option for meeting the support requirement other than income), you can as my colleague noted meet this with a joint affidavit of support - a separate Affidavit of Support signed by some other citizen or permanent resident living in the US who meets the support requirement for a household of their size.
See the legal guide here: https://www.avvo.com/legal-guides/ugc/joint-sponsorship-legal-guide for more infomation on thisSee question
Hello, This is regarding I-485 married to US Citizen My Spouse has only been working and making enough money (more than 125%) for 5 months but the previous years her income was very low, so when we filed we provided a Co-sponsor for more safety....
You should seek the advice of an attorney here.
You CAN rely only your US citizen spouse's income alone at time of interview with sufficient proof that this spouse meets the income requirements. The problem is in responding to the current RFE (I suspect this is styled as a "Request for Initial Evidence") in order to keep the case moving forward and get to the point of interview.
Your response would need to be carefully worded so as to not appear "unresponsive" to the RFE -something which could result in denial of the application.
Again, speak with an attorney about this.See question
On 09/27/2002 , When I was legal resident I petitioned two sons, they were minors at that time. I never received any response to my petitions, just the received receipt. Recently, using the receipts a friend help me to check with the USCIS the sta...
I strongly suggest speaking with a lawyer - this gets complicated.
The first is Tougher question than it sounds like - will depend on timing. If you became a citizen before your sons married, than arguably the petitions are still "alive" and - though it will take some work to get them moving again - they can still be used.
If either son got married before you naturalized, the petition died at that point, as there is no valid category for an adult MARRIED child of a permanent resident and the act of marrying would have invalidated the petition. this is true even though you later naturalized and there was again a category for a married adult child of a citizen. Here, you wo0uld need to file again.
While as minor children the two sons discussed above could have been listed on the application or their mother, it's a good thing they weren't. If so, even had that case for your wife been approved, they would no longer be able to benefit after turning 21.
As to the grounds for denial of the case for your wife, there may be a way to get a copy through a freedom of information act request.
Speak with an attorney for advice and guidance on these complex issues.See question
I am doing MBA. Now this is my fourth semester. I have one more semester to complete. I am going to complete my graduation 2017 aughust. I want take CPT now. So can apply for H1B in April 2017.
Since the requirement for an H-1B is that the job be a "specialty occupation" - one requiring at least a Bachelor's level degree in a field where you have at least a Bachelor's level degree - then yes. If in an MBA program, presumably you already have a Bachelor's-level degree.
The issue is that you couldn't turn around later and say for green card purposes that this same job required a Master's degree as a minimum requirement (which in many circumstances can lead to a faster process). If it wasn't something you had already at the time you were offered the job, it can't be a minimum requirement of the employer.
This doesn't mean that this is necessarily a bad idea, or that there aren't other options. Speak with an attorney before moving forward with a plan.See question
My H1B petition got selected and approved in Sep'2015. I went for Visa interview in the month of May'2016. My case was kept in 'Administrative processing'. Requested project related document has been submitted by my employer in Aug'2016. I got rev...
This is among the toughest situations you can face in this process; it will take USCIS a long time to even get around to reexamining the petition. Hopefully, the employer's attorney has provided guidance here - you would want to speak with them, or speak with a different immigration attorney if they are not advising.
Normally, they won't revoke outright - they will first send a notice of intent to revoke and the employer will have an opportunity to address any concerns. It's still possibly that USCIS would affirm the approval, and then you would again start the process of trying to get the stamp from the consulate.
If the petition is affirmed and you get the visa stamp, yes your would still be cap-exempt. If not, then any future H-1b petition would again need to go through the cap lottery and be selected (and then be approved on the merits)
Good luck.See question
My grandmother (German citizen) is thinking about moving to the US to live near me, but her daughter (US citizen) would have to help her get the green card. We live in two different states (TX and GA), would it be legally ok for my grandmother to ...
I would have the potential sponsor (your mother? aunt?) speak with an immigration lawyer before starting this process.
In theory, there's no specific requirement that the individual being sponsored needs to live in the same city as the sponsor.
However, the generally philosophy underlying the family-based immigration system is "family reunification" - so it may be raised as a question at interview whether they in fact intend to reunite here. There would need to be a valid answer that your grandmother could articulate to the officer.
This is something that should be examined before beginning the process. Again, a conversation with an attorney is in order here.See question