I am green card holder since 09/2012 and I used to visit the US every 6 months but I have permanently moved on 06/2015. My question is, When Can I apply for citizenship?
Well, I hate to be the bearer of bad news, but you are not only ineligible for citizenship, but you may also be charged with abandoning your green card/permanent resident status. It is not enough to visit the US every six months to maintain permanent resident status. Permanent resident status means that you live here permanently, which involves more than visits every six months. I would recommend you speak to an experienced attorney right away to see what can be done in your situation.See question
When am I able to switch employers?
About 90 days after you file your adjustment of status packet, if you include an application for employment authorization with it. It takes approximately 90 days for the application to be approved. While your L-1A visa is tied to a specific employer, the Employment Authorization you get based on a pending marriage-based green card case does not have such restrictions. As soon as you have it, you can switch jobs. However, keep in mind, that if for any reason your adjustment of status is denied, your Employment Authorization will be cancelled immediately, so it may be best to wait for actual adjustment before switching employers.See question
I was issued a recommended approval order by the asylum office in Miami, Florida. However, I had to return to my country soon after. I want to know if I can reapply for asylum? Or if my child who is now 18 can apply on his own and not be affected ...
Unless there was a change in circumstances that made your return safe, that is, you were no longer at risk of persecution, you are not likely to be successful with a reapplication. I would recommend discussing your specific facts with an experienced attorney.See question
Hey Avvo, I just appeared for an AOS interview at Jacksonville immigration office. The IO sounded quite rude and strict to us cause she tried to confuse us several times. The interview was total of 20 mins maximum, she asked me about my wedding ba...
If your I-130 is approved, the officer is convinced that your marriage is bona fide. If she denies your I-485, it means that she has determined that you fall within a class of people not eligible to get their "green card" in the United States, which can happen even if USCIS has determined that your marriage is real. If you receive a request for evidence or a denial, I recommend you work with an experienced attorney to resolve the issues.See question
I am the wife of a U.S. citizen. I am currently on a K1 visa, and not intending to travel?
If you are not intending to travel, why are you filing for an Advance Parole document? It sounds like you may be a bit confused about how the adjustment of status process works for K-1's. I would recommend that you hire an attorney to avoid common pitfalls and mistakes that can cause your case to be delayed or even denied.See question
I was married with an abuser, he also abandoned me and took away all the money. He also canceled my greencard process so my EAD card was revoked as well. I am struggling to survive now and I really need the EAD card. I have filed the paper for vaw...
That depends on whether your spouse was a US citizen. If he was, you would have been eligible to file a form I-485 with your VAWA, as well as for (c)(9) employment authorization. Your attorney should have advised you regarding this at the time you applied. If your spouse was a lawful permanent resident, you will not be eligible to file a 485, unless you have a priority date from a previous petition that is current. Accordingly, you would not be eligible for file for (c)(9) EAD. Under most circumstances, if your abuser was an LPR, you will have to wait until your VAWA is approved to be eligible for work authorization.See question
Hi all My L1A was denied and I already had left USA (I was on B1 visa in US). So I lost my B1 visa too. My wife was with me on B1 visa too. What is the best way to re-enter USA, because I want to apply for L1A for a second time from USA. I h...
Your first step should be to take your denial notice to an experienced immigration attorney for review. It is important to know the reasons your L1 was denied before giving you any further advice, because certain grounds for denial can also affect your future options of returning to the US. Most L1's nowadays are being denied because USCIS claims that the applicant is not performing managerial/executive duties, and that is often the result of poorly drafted duties descriptions, among other technical mistakes in the preparation of the case. I have seen a lot of these lately from self-filers or from people who worked with inexperienced attorneys. We were able to overcome the denials with re-filing a better prepared petition, though I caution you that this will not be possible in every case. If you would like to know if it's possible for you, you should take a copy of everything that was filed in your L1 case, including the form, supporting documentation, any RFE's and responses to RFE's and the final decision, to an experienced immigration attorney.See question
I was going to start the K1 Visa petition and I went to see 2 different lawyers in person. The lawyers told me that marriage K3 is better, safer, and maybe quicker.
My experience is the opposite. The last K-3 we filed was some time ago, but it did not get the applicant here any faster than the I-130 alone would have. By contrast, my last K-1 was approved in 10 days. Granted, that is unusual, but we are seeing much faster processing times for K-1's now and therefore see no reason to stop filing them. Whether you want to do a K-1 or I-130/K-3 will also depend on whether you want to travel outside the US to marry or prefer to marry within the US. Whatever option you choose, hire an experienced attorney to assist you so that you can avoid common mistakes that tend to drag cases out.See question
I want to open a business abroad and then have my daughter apply for L1 visa based on that business. Does the company abroad need to be opened for a number of years before I can open the branches in the us?
An L1 visa is intended for the transfer of managerial/executive level personnel or employees with specialized knowledge between two affiliates. Does your daughter currently perform, of has she, for at least one year in the last three performed these types of functions at your company abroad? If not, she may not be eligible for an L1 visa. L1's are getting increasingly more difficult to win, as USCIS has begun to adjudicate them more stringently than in previous years. If you would like to maximize your chances, I recommend working with an experienced attorney.See question
I, US citizen filed a petition for my brother in Cuba back on Sept 2009. My brother's interview was on March 6, 2012 shortly after he was notified by the embassy to pick up his Visa on April 23, 2012. After picking up his documents at the embassy ...
It appears that the denial is correct at this time, as was explained to you by the NVC. You have an approved petition, which is why the USCIS case status is showing as approved, but your brother cannot be issued an immigrant visa at this time, because his priority date is not yet current. At this time, immigrant visas are being issued to those siblings of US citizens whose petitions were filed in 2003. Your brother has several more years to wait.See question