The Foreign Affairs Manual, 9 FAM 502.1-1(D)(2)c, says "The CSPA also applies to an alien whose visa became available on or after August 7, 2001 and who did not apply for permanent residence within one year of the visa availability, but would have...
I've noticed that you have asked several questions about this case. The best thing you can do for your daughter is to consult with an experienced attorney like me. It is well worth the cost. You will not get detailed advice online.See question
I've submitted COS from L1B visa to F1 visa as I've taken admission to MS in university 'A'. I've not yet received the approval notice from USCIS for F1 visa. Is there any way I can change my university 'A' to university 'B' for doing MS while...
You should speak with the attorney who filed the COS and the DSO at schools A and B.See question
Yes and no. You can file an I-130 petition for your brother if you are at least 21 and meet the other requirements for the petition. He cannot file an I-485 because there are a limited number of green cards available each year to siblings of U.S. citizens. Thus, there is a long waiting list, as you can see from the visa bulletins at https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html (you are family 4th preference).
How your brother can obtain a green card, and whether he even can, depends on his past immigration and criminal history and what he does between now and when his priority date is current. To get specific advice, you should consult with an attorney.
got terminated from current job 3 days ago, looking for another employer who can transfer my H1B.
If you are no longer in H-1B status, then there is no grace period. If you are out of status, you are required to leave the U.S. However, the USCIS can excuse gaps between jobs as part of a change of employer application. There is no bright line rule, but the longer your new employer waits to file the application, the more likely it is that the gap will not be forgiven and you will have to leave the U.S. to apply readmission as an H-1B. There are significant consequences at stake here so you need to work with an attorney immediately.See question
I received a letter asking for a police clearance letter for my green card. But the letter don't have and address to send the information. Please help me?
If you cannot determine this from the letter you received, you should work with an attorney to make sure you respond properly and timely.See question
I'm in usa, before I married in nepal I have documents with me if I want to bring my husband what should I do
What you should do depends on your current status in the U.S. and how long it has been since you came as a refugee. It sounds like there should be a way for you to petition for your husband to join you here. I recommend that you speak with an immigration attorney.See question
Hello. I applied for change of status 2 months ago (Through marriage) and I received the Receipt notice that USCIS is working on my case and on my new EID/ travel document. My OPT ends next week. My question is, can I continue working while...
You can only work if you have authorization to do so. If you are not authorized to work, you cannot work and your employer can get in trouble if it continues to employ you. Whether unauthorized employment will affect your ability to get a green card depends on a number of factors and is best discussed privately with your attorney.See question
If my change of status application gets denied, do I have a grace period to leave country? In the above scenario, suppose the the current visa is a tourist visa, would the answer be the same?
If your change of status is denied and your I-94 has expired, there is no grace period to leave the U.S. If your H-1B expires while you are waiting for a decision on the change of status application, you will be out of status but lawfully present. Prudent applicants will file an interim application to change or extend status to bridge any gaps.
There are different policies for B-2 tourists and if the school start date, including the deferred start date, is more than 30 days after the expiration of B-2 status, at least some USCIS offices are denying the change of status application.
It is best to work with an experienced attorney to help you navigate this process.
I am a permanent resident (green card holder). I have a relative who is visiting as a tourist. He wants to start school and for that I want to be a co-sponsor for him as he applies to the school for F-1 visa. For that, I will also need to file I-1...
https://www.uscis.gov/sites/default/files/files/form/i-134instr.pdf sets out the obligations you are undertaking by submitting an I-134. Questions about your specific obligations should be directed to your attorney.See question