I am in U.S on B-2 status and my status is valid until March 2017. I got acceptance in a university which is willing to give me I-20 and help me applying for change of status. But as i heard it takes almost 5-6 months for the change of status from...
These have become very complex because if your start date in SEVIS is more than 30 days after the expiration of your B2 status or the approval of the change of status if the change of status is delayed, then it is likely that your application will be denied.
If you do not have valid status, then you have to leave the U.S., although there are some exceptions. No one can advise you to remain here unlawfully, although the consequences for doing so range in severity and do not foreclose all options, including applying for adjustment of status as an immediate relative.
If the marriage you enter into is not bona fide, you could suffer permanent bars on obtaining lawful status in the U.S. I say this because your public post could be interpreted as if you are going to marry someone just to stay.
With the new rule going to effect on January 18th, can one get unlimited H1 extensions based on withdrawn I-140 even if the date becomes current and I-485 not filed (say new employer haven't filed I-140 yet)?
This will require further analysis and review of your documents. It would be a good idea to consult with the attorney who is doing the H-1B or to consult with your own attorney to figure out all the ways in which the new regulations affect you.See question
i applied to remove the conditions on my green card 17 month ago and finally i called them yesterday the officer told me that my application passed everything and waiting to determine interview i want to know what is this interview for and what wi...
It will be for you and your spouse to prove that the conditions should be removed.If it was 17 months, the government might have big concerns about your eligibility.See question
I'm Iranian physician living in Toronto (permanent resident) accepted to work as research fellow in one of the research institutions. Now I'm visiting family in US. Can I change my visitor visa here in US and do not go back to Canada?
Possibly. It depends on what you want to change your status to here and whether the timing will work out in terms of the expiration of your current status.See question
I have a valid EAD /OPT till end of 2017 , i also have a valid F1 visa till 2019 and my sevis is signed by DSO. I do established a company in my name in USA and i have rented an office for the business. Can i travel overseas for 2 weeks and ret...
I agree, it depends on whether your employment is consistent with the F-1 EAD regulations. Assuming you have a valid visa, valid I-20, and valid EAD, and are in compliance with the regulations and admissible, you should be able to travel, but if you want advice specific to your situation, you should consult 1-on-1 with an attorney.See question
Hello. I am retired US Air Force, my wife is Japanese, holds a Japanese passport and has a permanent resident green card. I work for Lockheed Martin on international assignment in Norway from Aug 2013 to present. We made a home trip back to MI in...
If she has not abandoned her lawful permanent resident status but her green card has expired because she was abroad continuously for more than one year, she can apply for a returning resident visa, called an SB-1 visa, through the U.S. consulate where she is residing. Once she returns to the U.S., she should apply for a reentry permit as this will allow her to remain abroad longer and will help her defend against an abandonment charge.
If she has abandoned her status or you feel it would be easier to give up her current status and reapply for a new green card when she is ready to live in the U.S., she needs to file an I-407 at the consulate. Depending on the jurisdiction, the consulate may allow you to file an I-130 directly at the consulate and then she can apply for a new immigrant visa.
Using a B-2 visa with the intent of applying for adjustment of status in the U.S. is very problematic and can lead to a fraud charge.See question
i was on an f-1 visa, stayed over i cannot get green card through family based so i am seeking it via employment
What type of affidavit do you mean. Generally speaking, an affidavit of support is not needed for an employment-based green card application, although there are some exceptions. If you have overstayed your visa, you might be ineligible for adjustment of status but you could be eligible for consular processing depending on, among other things, how much unlawful presence you have.See question
if i came in to the US with a non-immigrant visa and i stayed over. can you tell me some of the avenues i can take in order to obtain LPR
There are dozens of different family and employment-based immigration categories. There are also other categories like asylum, the visa lottery, and EB-5 investments, as well as categories for crime victims and witnesses, victims of trafficking, abandoned children, victims of domestic abuse, and to some extent members of the military. Speak with a lawyer to find out which options work best for you.See question
My child has an approved I-130 and her immigrant visa has recently become available. She was granted a DACA status in 2013 when she was 17 and has since been on DACA continuously (she has not accrued unlawful presence). She is still 20, unmarrie...
To qualify for adjustment of status as a preference (non-immediate relative) category applicant, the applicant has to meet the requirements for 245(a) and (c), unless covered by an exception in 245(i) and (k). 245(c) requires, among other things, an applicant to have continuously maintained status.See question
Security check not passed for OPT card and application got denied. Can I reapply? What are the changes of getting approved?
You can reapply, but the same reason that led to the EAD denial could arise in the new filing. Keep in mind that there are deadlines for filing OPT EADs and there are maximum amounts of time you can have the EAD beyond the graduation date.See question