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If I marry my girl friend who's in US right now before her court hearing next January 2017, and her case got accepted, would I be granted asylum like her if I'm outside US?
If you are outside the U.S. and married at the time she is granted asylum, she would need to file a Form I-730 within 2 years of the decision: https://www.uscis.gov/i-730. As Mark Barr indicated, if you are in the U.S. and married, you would be a derivative asylee. If you are not married until after she is granted asylum, she would need to file an immigrant family-based petition for you after she is made a permanent resident after a year has passed as an asylee. You both may want to consult an experienced and reputable immigration lawyer to discuss your plans and options.See question
So I kind of made this girl marry me under duress, by making her feel guilty and using threats that she is responsible for me and that she will be in trouble if she doesn't marry me like she promised . I did not love her I was just planning to use...
Wow, you have admitted to marriage fraud. You must have a lot of faith in the anonymity of this site.See question
I applied for OPT with out applying for post completion OPT I-20. I received an RFE from uscis stating my sevis is not updated and I am out of status and my sevis has expired. At this point revoking my sevis is the only option I have and will I st...
I agree with the other responses- the DSO can access your SEVIS record and, if warranted, ask for a correction by the SEVIS help desk.See question
I applied for my citizenship N400 at the USCIS Chicago field office in February 2016 and completed my fingerprinting in March 2016. My citizenship interview was on Mon Aug 15, 2016. I passed the test on history, civics, government, written and ver...
I agree with Mr. Berman's response. For your information, the 120 day period refers to Section 336(b) of the Immigration and Nationality Act, 8 U.S.C. Section 1447(b), which allows a naturalization applicant to bring a lawsuit in federal district court if the case remains pending beyond 120 days from the date of "examination" which is generally considered to be the date of the interview. Nothing automatically happens on day 120 and we have seen some cases remain pending for much longer periods if the applicant does not pursue the district court action. Keep in mind that your interview appears to have gone well and the officer did not ask you for additional information or documents. Not much time has gone by. You can expect possibly to receive a notice of approval and scheduled oath ceremony by mail. If not, you should make inquiries, or consult with an experienced and reputable immigration attorney.See question
Applying for adjustment of status requires proof of employment. I've payed taxes as self employed. Do I ask a letter of employment from the people I work for or...?
If you have 1099 forms, these can establish your work in conjunction with a sworn declaration from yourself. Yes, letters from the people you've worked for are also evidence of your work record. I'm not sure what the exact concern is with proving your employment for purposes of adjustment of status. You might want to consider consulting with an experienced and reputable immigration attorney to discuss the legal requirements for your immigrant category and how to document your eligibility for adjustment of status.See question
I submitted status change application 1,5 month before my j1 status expire date. I received denial after almost a year saying my program start date was a month after my j 1 expire date. So, I hired a lawyer and filed a motion for reconsideration (...
I agree with Ms. Goldstein. The situation raises various issues and concerns. You need to discuss whether further challenge is advisable, particularly in view of the overall academic objective of the proposed F-1 program. Someone also needs to closely review the decisions to determine whether USCIS has declared you to be out of status, which could potentially trigger a period of unlawful presence that opens up a whole other world of legal analysis.See question
I'm a green card holder since 2013 due to study I might leave US for one year but I'm going to return about 4 times for visit during this year so , I will be away for about 3 months for each trip , would this affect my green card status ?
A permanent resident card serves as a valid reentry visa for up to 12 months after a departure. If you think that you might be away longer than 12 months, you should apply for a reentry permit, which allows for reentry within 2 years of the issuance of the reentry permit. Maintaining your lawful resident status depends largely on your intent to return after a "temporary" absence abroad. There are various ways to document your intent, and it would be a good idea to consult with an experienced and reputable immigration attorney who can provide you with information and a strategy, so that your studies abroad will not cause concern for a border or port of entry officer. Good luck and do well in school!See question
n my birth certificate my parents' last name appears before the first name( format followed in India) and in my passport it's the opposite. I am applying for my GC, do I have to change their name format?
Naming conventions may differ by country, religion, or other factor unique to the particular region or local practice. The general rule on immigration applications is to follow the format used on the primary documents such as a birth certificate or passport. Changing these for immigration purposes can only cause confusion due to a discrepancy between documents. So if you enter the name as shown on a primary document, you minimize the risk of misunderstanding.See question
hello, parents had adjustment of status interview aand it went smooth, but the officer didnt give us any approval letter or any paper but mentioned that you will get something in the mail in about a month. he had us sign the i485 form and in the n...
"b+ " is not an official term for an immigration examination. Perhaps it is the officer's own idiosyncratic assessment of the interview, or some informal note of the officer's initials? In any event, most officers will accept follow up inquiries in writing in the Chicago office either on the 2nd floor reception window or at the 1st floor contact representatives' window where people go for InfoPass appointments. Attorneys may sometimes also have access to supervisors if the adjudication process seems to be unreasonably prolonged. If there was no request for evidence and no apparent concern by the officer, I would wait 3-4 months to make a follow up inquiry unless circumstances would require an earlier inquiry.See question
I am doing my second Masters and I had reinstated my F1 and got it approved. A company offered me H1 visa and luckily mine got selected. Even though I am in status now at the time when my H1 application was filed I was out of status and reinsta...
Generally F-1 reinstatement is effective retroactively from the date of the previous violation. If USCIS approves the change of status to H-1B, you can probably rely on that. If it decides to approve the petition but deny the change of status, you'd need to consular process the H-1B. But I agree the company attorney should probably be advising you.See question