I am a Green Card holder, my minor child has overstayed her visitor's visa. Can I petition for her now ? Would I have to do an adjustment of status? She is 6 years old.
Section 632 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRA of 1996") provides that a non-immigrant visa is VOID as soon as the non-immigrant applicant overstays his/her period or authorized stay. As a result, a person who is "guilty" of remaining in the U.S. beyond the allowed period of time cannot adjust status in the U.S. Nor can the person be readmitted as a non-immigrant, unless a new visa is issued by the consular office in the home country of the non-immigrant. If you were to become a U.S. citizen and applied for her a visa would be available immediately. I suggest you consult with an experienced immigration attorney for guidance.See question
I applied for asylum in 2010 and got approved by immigration judge on july 13, 2013. But BIA appealed my case at that time and later BIA said they made a mistake and forwarded our case back to our judge and Our judge granted the asylum october of ...
I agree with Attorney Segal. It may be more practical to wait a year and apply for a green card. Appealing the decision would prolong your case. Congratulations and good luck to you.See question
i am on my 6th yr of h1b that expires soon, my perm was filed 5 months ago, if my i 140 is filed after my h1b expires, can I get any h1b based on pending i140 approval, does h1b recapture time help in this situation?
I agree with my colleagues. No extension until approval. Do consult with your company's immigration attorney.See question
I have already used 6 yrs on H1B, now my NIW is filed and pending i-140 approval, can I get 1yr extension on h1b based on pending 1-140 when I file for recapture time on my previous h1b
I agree with Attorney Schusterman. You may extend your status annually in one-year increments if your I-140 has already been approved. But, not while it is in pending status.See question
Hi, I am currently based in Melbourne and have an offer from a Seattle based company offering me a position and paying me on W2 hourly basis. Now the question is on an E3 visa is it feasible to work on W2 hourly basis. Rega...
I agree with my colleagues. As long as you are paid the prevailing wage rate, whether it is hourly or salary, depends on whether it is comparable to the average wage paid to similarly employed workers in your occupation.See question
Hello My employment based I-485 is pending since November 2012 under EB-2 Category (ROW - Current). I-140 was expedited and was approved early December 2012. I have made numerous service request and also Senator inquiry but with no luck,....
When you say "expedited" do you mean Premium Processing"? National Interest Waivers can be complicated and do require additional time for review. Your employer's immigration attorney would be your best option for addressing this matter.See question
I wonder whether cash , medical benefits put legal immigrant at risk of deportation when he / she returns the USA from overseas or not.
No. Receiving medical and other benefits from a government agency will not put you at risk of removal.See question
can a U applicant apprehended at the CBP, just for the immigration violations
Your question is not complete. More information is needed.See question
Iwas placed in red oval proceedings, I had master hearing and individual hearing , at he individual hearing dhs counsel and my attorney came to aconclussion that I should receive this benefit however it was up to the judge to decide wheat her I w...
I agree with my colleague. Once you are granted Cancellation of Removal, you will receive a green card and become a Lawful Permanent Resident."See question
I have my visa for 5 years and i used 1 year 8 months. My opt got denied and grace period is completed. Can I go back to my country and get a new admission for second masters with new sevis id? Should I have to attend f1 visa interview again? Or c...
I agree with my colleagues. Discuss the denial of your OPT with the DSO of your school. The reason for the denial is relevant.See question