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I have a family member that lives in Cuba who has applied to the U.S consulate to visit her family in the U.S being a Cuban citizen. She has been told no 5 times in the past 6 years. She just got in the mail her Spaniard citizenship thats he appli...
Your relative has previously been denied a visa so she must answer the question affirmatively. Citizenship is irrelevant in this situation. She is who she is and will be required to apply for a visa even with a Spanish passport. Best to consult with an experienced immigration attorney who can review her case and determine what can be done to facilitate approval.See question
I filed my I-526 application (EB-5) in February 2015. 24 months have passed and the application is still stuck i.e. "Case was received" is the status since then. I am over and above USCIS average processing time by 6 months.
A mandamus action can be an excellent way of jarring a "stuck" case at USCIS loose. 24 months for an I-526 is clearly beyond normal processing time. Consult with an immigration attorney who has experience in Federal Court litigation who can review your case and advise whether litigation is appropriate in your case.See question
Hello , I have an approved I-140, in EB2 i am from India and PD is 2013, i recently got married to a US born -citizen, but i think asking her to file for my green card would look selfish and wrong intent of marriage ,so that's why i want to use m...
Congratulations on your marriage! There is no cross-changeability in this case because your spouse is a U.S. citizen. No immigrant visas are issued to U.S. citizens. Your solution is to have your spouse petition for you to become a permanent resident. This is not "selfish." Your situation is quite common and changing from employment based to family based (or vice versa) happens all the time. Consult with an experienced immigration attorney who can review your case and advise you how best to proceed.See question
I file March 2016, April 2016 Fingerprint , since that i did not receive nothing i call USCIS asking for request for my case , they said is in process, my friend file on the same time as me in same city she already did her ceremony, thank you
There are alot of different factors which can result in why you have not been scheduled for an interview on your naturalization application so more facts are needed before any recommendations can be made. A year to complete a typical background check is more than reasonable absent some complicating factor. Consult with an experienced immigration attorney who can review your case and make appropriate recommendations.See question
Goodnight. After having spent 32 days in Argentina for business I returned to usa the day 02/16/17 and enter without problem to update my things. As I still had legal issues to resolve in Argentina I returned to travel a few days and remained outs...
Based upon the facts that you have presented, you appear to have been scheduled for a deferred inspection by CBP. This usually occurs when CBP has reason to believe that there is some issue with your admissibility, but it may be able to be resolved through additional investigation. This can often be a trap for the unwary. Consult with an immigration attorney experienced with deferred inspection issues who can review your case with your and determine why your inspection was deferred and how to resolve this issue favorably.See question
DWI arrest occured on 1/20/13, Conviction occured 7/20/13. When do I start counting the five years period? When should I submit my application by?
Generally speaking, you have to show good moral character from the date of conviction. However, as a practical matter, USCIS will not naturalize an alien who is still on probation even if the good moral character period has run. Consult with an experienced immigration attorney for more information and an individualized review of your case.See question
i was a permanent resident in the us but it expired in 2017. i have been scared to go up there to renew because i have a 3rd degree felony grand theft charge that i got in 2008. But i don't have any other criminal records. Can they deport me if i ...
The answer to your question really depends upon he exact criminal charge you were convicted of your and immigration history. Consult with an experienced immigration attorney who can review your immigration and criminal histories and advise you as to the best way to proceed and what to expect.See question
I'm filling up paper for immigration and I need the nonimmegrent visa number (Esta number) consulate where visa (esta) was issued but I can't find it. If I don't find how can I apply? How can I send my application?
If you entered the United States using the visa waiver program (which requires an ESTA clearance), you did not have a visa. Keep in mind that the authorized period of stay for a visa waiver entrant cannot be extended, nor can a change of status application be approved. In some instances, however, a visa waiver entrant may be eligible for adjustment of status. Consult with an experienced immigration attorney for more information specific to your case.See question
What is the difference between unlawful presence and unlawful status on 'D/S' I-94? Do the formal bars begin to kick in with any status violation (unauthorized employment) when the I-94 states D/S? Secondly, does the country you hail from matt...
The short answer to your question, as crazy as it may sound, is that someone who is unlawfully present in the United States may not necessarily be accumulating unlawful presence for purposes of the 3 or 10 year bar. Generally speaking and for example, a F-1 student admitted for duration of status (D/S) who does not depart the U.S. at the end of his education program does not begin to accumulate unlawful presence unless USCIS or an Immigration Judge make a determination that a status violation occurred. Unlawful presence begins to accrue from the date of the determination. The F-1 student may have been unlawfully in the United States for failing to maintain status, but no unlawful presence begins to accrue until a formal determination is made.
Consular officers do not adjudicate 212(d)(3) waivers. The decision on whether to grant a 212(d)(3) waiver is made by CBP's Admissibility Review Office (ARO). Consular officers do, however, make recommendations to the ARO as to whether they feel a waiver should be granted.
You are correct in that many immigration attorneys do not handle waiver applications. I am aware of no database which inquire about. You will have to ask around for referrals/recommendations. Consult with an experienced immigration attorney to determine whether you actually need a waiver for unlawful presence, the likelihood of success, and the procedure to follow.See question
i left the US on voluntary departure in 2009. new wife is a resident should i file my i130 now ?. what if they call me for interview before that 10 years are up. do i need any type of wayver to return after 10 years....how long does the process ta...
While more facts are needed to properly advise you, generally speaking, if your wife is an LPR an you are only inadmissible because you are subject to a 10 year bar for prior unlawful presence, you are eligible for a waiver or inadmissibility and it may not be necessary to wait out the full ten year period. Consult with an experienced immigration attorney who can review your immigration history and advise you how best to proceed.See question