I have a pending asylum application with USCIS since Sep 2012. I never been in any interview with USCIS officer. I got married on June 2013 with my husband who was permanent resident and we sent form I-130. We never got approval on I-130 as well. ...
Do you have a receipt notice for the I-130?See question
My situation is that I overstayed while I was finishing school. My school wasn't able to help me apply for a student visa, so I came with a B-2 visa for 10 years. School has finished and I'd like to return to my home country, but I fell in love wh...
If you accumulated more than one year of unlawful presence in the U.S. (and it sounds like you have), and then you leave the U.S., you will barred from returning for ten years.
To return to the U.S. before those ten years have passed, you will need a waiver.
If you want to return to the U.S. as an immigrant, your waiver package will need to demonstrate an extreme level of hardship to a qualifying relative. A qualifying relative is a spouse or parent who is a green card holder or citizen.
If you want to return to the U.S. as a nonimmigrant, your waiver must simply show that you deserve to be pardoned as a matter of discretion, after weighing all of the positive and negative factors in your case. The fact that you violated the terms of your B visa, by both attending school and then overstaying your period of admission by nearly two years, will be a significant negative factor.See question
I'm not yet a resident but my husband has filed so I want to know if I can file for my daughter while my status is still pending or do I have to wait until I become a resident.
What is your husband's immigration status? How old is your daughter? How old was your daughter when you got married? Is your daughter married?See question
i am a USA citizen by born, i have a canadian kids under 14, staying with me in united state, i will start to fill forms for them, I-130 and I-485, i have some questions; 1/ Do i have to apply for my kids as adjustment or permanent? 2/Do i ...
Before the kids were born did you live for at least five years in the U.S., with two of those years after the age of fourteen?
Were you married or unmarried to the mother of the children at the time of their births?See question
can i get marry US citizen and adjust my status
I respectfully disagree with my colleagues.
Someone who entered on a C-1 transit visa is not prohibited on that basis alone from adjusting status in the U.S.
If someone is traveling from country A to country B and has a layover in the U.S., he or she will likely be issued a C-1 transit visa, which will allow them to remain in the U.S. for no more than 29 days. If, however, that person doesn't leave and later becomes eligible to get a green card, he or she can apply for adjustment of status from inside the U.S. (assuming the person meets all the other requirements for adjustment).
Understand, however, that USCIS will closely examine the reasons why the person did not leave as originally promised, screening that person for any preconceived immigrant intent to remain in the U.S. If the agency concludes that there was a preconceived intent to violate the immigration laws, adjustment could be denied in the exercise of discretion.
The reason why it is sometimes assumed that anyone who enters on a C-1 visa can't adjust is that this bar does apply to someone who enters the U.S. with a C-1 visa to pursue employment aboard a vessel. These C-1 crewmembers are not allowed to seek adjustment from inside the U.S. If they are eligible to get a green card, they must complete the process through the U.S. Consulate in their home countries.
It is because of this law relating to C-1 crewmembers that many people believe that all C-1 visa entrants are barred from adjusting. However, the C-1 visa category is not exclusively for crewmen and exceptions to the general rule apply.
As mentioned above, one such exception is for those who enter on a C-1 transit visa and not as C-1 crewmembers. Those individual in the C-1 transit category remain eligible to adjust status inside the U.S.
I've been married to my husband for 4 years, who is in the U.S Army and is stationed in Schofield barracks HI. We have a 9 month old son (who is a U.S citizen) and I applied for parole in place in September 2015 with an immigration attorney. Accor...
When did you first come to the United States? How did you first come to the United States?See question
I filed I-130 concurrently with I-485 and it was approved in 2009. Recently, because of her criminal convictions, she was detained by ICE and she will be deported soon to her origin country. My question is can I file another I-130 again and later ...
Yes, you can. You would file the I-130 with USCIS. However, the I-485 would have to be filed with the Immigration Judge.
As someone seeking admission to the U.S. (by filing again for adjustment of status), your wife might be eligible for certain waivers of inadmissibility that she couldn't otherwise access as an LPR charged with deportability.
I would need to know more about your wife's immigration and criminal history to determine if this is a viable strategy or not.See question
I am his only brother currently located in India. My Family members: my Wife Elder daughter, son in law and there only daughter. Elder son, daughter in law and there two daughters. Younger son and daughter in law. Younger daughter, u...
Your brother can file a visa petition (I-130) for you.
Your wife will be included the I-130 your brother files for you. She will be considered a "derivative beneficiary."
Your oldest three children cannot be included as derivative beneficiaries because they are married (they might also be too old--I can't tell from the question).
Your youngest, unmarried daughter can be included as a derivative beneficiary if she is under 21. However, she may no longer qualify as a child by the time the petition becomes current many years in the future.
The I-130 should not take terribly long to be adjudicated. Maybe a few months.
However, after the I-130 is approved, you still have to wait for the priority date to become current before you and your wife (and perhaps your youngest child) can file for immigrant visas to come to the U.S.
In October, the Department of State will be processing immigrant visas for people in India with approved I-130s filed by their US citizen siblings where the I-130 was filed before December 1, 2002. In other words, even if your brother filed for you today, you would be looking at a wait time of about 14 years before you could start the process of immigrating to the U.S.
Does this make sense?See question
7 yrs ago my friend was arrested for drug possession and later forced to be voluntarily deported. Being an only child to an ill parent who cannot travel, is there any way to regain his travel visa to the US? His passport and recidency card where n...
So, your friend used to be a permanent resident, or green card holder?
When did he become a green card holder?
On what basis did he become a green card holder For example, did a relative petition for him, or an employer? If a relative, which one? A spouse? A parent? A sibling? An adult son or daughter?
What drug did your friend plead guilty to possessing (understanding that what he pled guilty to having might not be the same as what drug he actually had).
Did your friend try to contest his removal with the Immigration Judge? If so, what happened?
Did your friend apply for any relief from removal with the Immigration Judge? If so, what happened?
Was your friend ever the victim of a crime committed against him inside the U.S.? If so, did he report the crime?
What does your friend want to do--just travel to the U.S. to visit his sick parent? Or return to the U.S. to live permanently?
These are just a few of the questions that your friend will probably be answering in any in-depth review of his options.
I hope your friend finds a path back to the U.S. Thank you for helping him.
I'm 22 years old U.S citizen and was wondering if I can legalize my mothers immigration status ...This is the thing though when I was born my mom only had a few months in the U.S and took a dumb decision thinking She was going to get charged for h...
What is the immigration status of her spouse and parents?See question