I am US citizen my wife is non USA citizen In 2016 she over stayed 2 months in USA after expiration of her I 94 now she is in her home country I would like to apply for her greencard Is she eligible to get green card? Thank you
I agree that you can petitioner your wife and that this issue is not significant, because she should be able to prove when she departed the U. S. Sometimes, the CBP System makes mistakes, so she should keep her itinerary from her last flight and her old passport. That said, there may be other facts that are not know and can cause inadmissibility issues. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney, who can take enough time to ask enough questions, explain matters, and provide enough legal advice to your satisfaction. Good luck.See question
My husband has been a green card holder for 4 years 6 months. As far as I understand he can apply for citizenship in 6 months. What is the shortest way for me now to get a green card? Wait for him to become a citizen (how long does the whole proce...
More information is needed. If all is okay, perhaps a year or less.
It can be best to wait for him to be approved and sworn in, but sometimes an applicant may need to seek a PUP Waiver., among other processing. This can be complicated or very clear after a 'thorough appointment' with a competent and experienced immigration attorney.
The process may not happen, since it is unclear whether, after the wait, that your husband's Naturalization will be approved.
The regulations 'may' allow him to file 'within' 90 days before the fifth year, but more information is needed. If he is disqualified, there 'may' be a significant delay. There may be a significant delay due to a backlog of applications or a lack of sufficient numbers of examiners.
Rather than trying to speculate and get unreasonable expectations, I encourage you to seek a reasonable attorney, who can be more objective about the situation.
Those who can afford to represent your best interests should've able to take more time to explain matters to your satisfaction. That is why a paid appointment makes the most sense in my opinion. Many will subtract the appointment fee from the intended fee that they will charge to represent you and your husband, once they can take the time to understand all of the facts.See question
am an i485 case, need to travel in the bigening of june.. will it be ready by that time, i've just mailed it yesterday
It can take over 90 days or longer. It depends upon USCIS manpower and whether all documents needed were properly submitted. If not, it can take much longer, so don't make plans to travel until you have the advanced parole.
Also, seek legal advice, because if you are somehow inadmissible, then you may be blocked from parole entry and can forfeit your adjustment of status application and fees. Good luck.See question
I have been thinking of law school but I want to know if the immigration side of it is covered in it or is there a particular place you go for immigration law
I don't think you ever master immigration law, because like most law, it changes so much. It is important to decide whether you enjoy working with the foreign born and their sponsors, because it often takes more time, effort and patience. This may wear you out and also those who expect you home, among other places, at a reasonable hour.
I never took the elective course; I worked for others, but some are more questionable than others. I know a few immigration attorneys who poked fun at what seemed like the ignorance of their immigration law professors, while others were admired.
There is a reason why law is considered a jealous mistress. Clients eventually have little respect for an overconfident and underperforming immigration attorney. It is great to be enthusiastic, but apply your enthusiasm to those who you can afford to represent. It can take time to research some issues.
Some of us knew what we were getting into, while others chose immigration, because it looks like a popular field. Learning that the laws can be inhumane and unrighteousness is a good first lesson. How to approach that lesson and struggle with how to best counsel someone is a challenge.
Sometimes, the best advice is to advise that people wait, take no action or consider an alternative nation for immigration. That can take time. The key to practicing any law is to value your time. Also, appreciate how you will pay the bills, while making those who see you, content or resigned to their situation.
There may be firms able to hire, but some may create a questionable working environment. Law is not simply a business; it's a profession that requires discretion and diligence. Good luck.See question
I'm an unemployed youth. I have two years of work exp and going to higher studies in my home country. However I need a break and going to visit my brother who is in California, USA. I have even booked return flight ticket.
The law requires the U. S. Consular Official to 'presume immigrant intent.' You must overcome this legal presumption.
You cannot work while you are in the U. S. Your stay must be to visit and return. The longer that you plan to stay, the more likely the visa will be denied. A shorter stay, perhaps two weeks, if approved, may help you get a multiple entry visa in the future.
The less money that you have, the less likely you can support your trip. This means that your ability to support your vacation, not just live with your brother is important. If the official believes that you will live and work for your brother than your visa will be denied.
I hope that your ticket is refundable, but it may be approved depending upon all of the facts. Unemployment is a possible factor in a decision.See question
Will an F1 overstay of 30 days past the 60 day grace period be detrimental for approval of a K1 visa?
More information is needed, but usually not if that is the only issue. Note that there is 'no' 60 day grace period following OPT/EAD expiration. You need to be patient with the process. There may be other issues on concern. Good luck.See question
2 of my brother in law's were picked up this morning. One is on ice hold and the other one for contempt of child support and ice hold help plz
They will likely have to wait for a bond determination, which may require a motion. Most law enforcement agencies will hold an someone who violates immigration law, among other rules like failing to pay for child support.
If no relief is available to stay in the U. S., then they may be deported while in detention following a judge's order. Yet, they must try or they will never get another chance, perhaps, for ten years or for life, to lawfully overcome this challenge. Now, is the time. Hire a competent, ethical and experienced immigration attorney. Good luck.See question
My husband is citizen he can sponsor my mother
I agree with my colleagues. You must file and become a naturalized U. S. Citizen, among other requirements, before your mom can be successfully petitioned for permanent resident status. Good luck.See question
I had my I485 Interview November 21,2016 under separation and I still did not get a green card. Can somebody tell me an advice please, I getting desperate?
More information is needed. This is a issue to be discussed in an experienced immigration attorney's office. The biggest question is did you enter the marriage based upon love for each other based upon mutual moral respect.
Immigration marriage fraud is committed when a person gets for for the sole purpose of getting a green card. A couple is separated when the adjudicator has a hunch that two people are in the process of committing the Federal crime of marriage fraud.
If the answers to the questions are reasonably consistent, and the official believes that no fraud is committed, then the petition should be approved. Sometimes, immigration officials are unreasonably skeptical or too busy, so an investigator assigned to the case is unable to randomly follow up, where the adjudicator refers the petition for investigation.
In this situation, a well drafted and documented mandamus may be the only way to get a final decision. Sometimes, petitions are eventually deemed abandoned or eventually denied for missing a follow up appointment if applicants wait too long or change address without proper notice.
Good luck.See question