Even though the U.S. citizen were to call the police, however, she were to note in the report the abuse he inflicted upon her, would this type of report qualify in aiding this woman's self-petition?
In I-360 Self Petition the evidence submitted in the case is critical. It is important to review the evidence, in this case the report, before deciding if it will be helpful for your case. Please consult an experience lawyer before filing.See question
out of f1 status for 7 months because university closed due to visa fraud. Can I marry us citizen and adjust status without leaving u.s. Am I subjected to 3 year bar.
You should only marry if you are in a legitimate relationship, this is the key to the success of the case. As long as this is a Bona Fide Marriage, the overstay and falling out of status on the F1 will not be a problem. You are not subject to any bars as long as you have not departed the United States. In any case, see an attorney's advice prior to the filing.See question
Can the overstayed person be allowed to work in the mean time? If they get married now, when will the undocumented person be eligible to obtain citizenship? (in terms of years) Thanks
Unfortunately marriage to a Green Card holder will not allow the person to work and obtain any legal status until the spouse becomes a US Citizen. This is due to the fact that there is visa priority schedule that they need to follow and wait for the date to become current.
Priority dates determine when a foreign national will have the ability to file the final stage of the application for the green card (GC), known as the adjustment-of-status (or I-485) application. The advantage of filing the I-485 at the earliest opportunity is that it allows the foreign national and any immediate family members the opportunity to file for the EAD or the employment authorization document (permission to work without having to maintain a temporary worker status such as H1B) and advance parole (permission to reenter the U.S. after travel abroad while the I-485 is pending). The priority date must also be considered for consular processing (CP) filings.
So bottom line, wait for the spouse to become a citizen and once that happens you could immigrate and obtain the Green Card.See question
got married in 1994 to a US citizen here in the philippines, few months after she went back to US we got separated, but not legally(not yet annulled). in 2002 i applied for B2 US visa but was denied. the person i hired to prepare my visa applicati...
Based on the facts the only way to re apply is with a non immigrant waiver. A nonimmigrant waiver differs from an immigrant waiver in the same way that a nonimmigrant visa differs from an immigrant visa. If a foreign national is seeking to enter the U.S. to live here on a permanent basis – as a permanent resident with a “green card” – then s/he requires an immigrant visa. If s/he is inadmissible, then s/he will require an immigrant waiver in addition to his/her immigrant visa. There is not an immigrant waiver available for all grounds of inadmissibility.
The Government must adjudicate these applications pursuant to the legal guidelines and framework set forth by the Board of Immigration Appeals (“BIA”) in its landmark case: Matter of Hranka. In that case, the BIA set forth three (3) factors that must be weighed together in deciding whether or not to grant a waiver application under INA § 212(d)(3):
the risk of harm to society if the applicant is admitted;
the seriousness of the applicant’s prior immigration law, or criminal law, violations, if any; and
the nature of the applicant’s reasons for wishing to enter the United States.
All foreign nationals who require a visa to enter the U.S. must apply for such visa at a U.S. Consulate abroad. If the nonimmigrant visa applicant also requires a nonimmigrant waiver, the waiver application is also submitted at the U.S. Consulate with jurisdiction over the nonimmigrant visa application. So you need to consult an attorney if you qualify for a visa and if so work on that waiver.See question
hi i just got a notice from the uscis that my fingerprints are unreadable and wasnt able to read by the fbi.i have really sweaty hands(palmar hyperhydrosis) and during the fingerprrint scanning not even one fingerprint passed all i saw was red mar...
We had the very same case last month. Our client appeared the second time and they tried several attempts to run the fingerprints, eventually it worked. They told him that if it failed, he would need to get a livescan or additional checks provided by the Service. I suggest you try again, it may work this time.See question
I just found out 3 days ago I wasnt born here when my employer ran my social security number and it came back weird. I have been here as far as I can remember even getting a certificate for preschool when i was 3. I am a single mother of 2 girls ...
Here is another link to free legal services http://www.justice.gov/eoir/probono/freelglchtCA.htm
Here is also http://www.lassd.org/ Legal Aid Free Services. Many lawyers will also offer free consultation for you to get more info before you act. Good Luck.See question
I came to this country as a student and after graduating I stayed in the US. When I applied for a job, in the I-9 form I put down that I am a citizen because I did not know what else to put.
It could be an issue if USCIS will get a hold of the I-9 form. Are you still employed at this company, how many years ago did you work there. Employers are required to keep I-9 forms for 3 years. An employer must retain the Form I-9 for each employee either for three (3) years after the date of hire or for one (1) year after employment is terminated, whichever is later. All current employees, therefore, must have Forms I-9 on file with the employer.
So if that period passed, you should be fine. We have seen cases where such documents were an issue at the Adjustment Interview, but with careful explanation and a show of a non willful violation, such matters can be resolved.See question
I understand she may have trouble with immigration when she returns to CA. We spoke with the embassy here in Indonesia and she was denied a tourist visa as we thought she had to surrender green card. We were referred to Homeland Security in ...
Residence, for immigration purposes, is a question of your intent when you depart the country. As long as you are not planning to make your home somewhere else, then legally you are still a resident of the United States. Problems arise, however, because the U.S. Citizenship and Immigration Services (USCIS) will try to judge your intention by the way you act.
As a general rule, if you have a green card and leave the United States for more than one year, you may have a difficult time reentering the country. That is because the USCIS feels an absence of longer than one year indicates a possible abandonment of U.S. residence. Even if you do return before one year is up, you may run into trouble. To avoid a full-scale inspection, you should return within six months.
It is a common misconception that to keep your green card all you need to do is enter the United States at least once a year. The fact is that if you ever leave with the intention of making some other country your permanent home, you give up your U.S. residency when you go. Once again, the USCIS will look to your behavior for signals that your real place of residence is not the United States.
On the other hand, remaining outside the United State for more than one year does not mean you have automatically given up your green card.
Reentry permits are for people who hold green cards and know in advance that they must be outside the United States for more than one year. Under such circumstances, the USCIS can allow you to stay away for up to two years. You should apply for this privilege before leaving. If the application is approved, a reentry permit will be issued. The permit will help you prove that your absence from the United States is not an abandonment of residence. It also serves as an entry document when you are ready to return.
If you stay outside the United States for more than one year and do not get a reentry permit before leaving, you must apply at a U.S. consulate abroad for a special immigrant visa as a returning resident. To get this visa you must convince the consular officer that your absence from the United States has been temporary and you never planned to abandon your U.S. residence.
Call us with any questionsSee question
I'm from south america. I'm 22. I was living with my father and his wife who seemed at first a nice person. She helped my father to do the necessary papers to bring me to USA on April 10th, 2010 . but now I don't want to live in that house anymore...
An emancipated minor is a minor who is allowed to conduct a business or any other occupation on their own behalf or for their own account outside the influence of a parent or guardian. The minor will then have full contractual capacity to conclude contract with regard to the business. Whether parental consent is needed to achieve the "emancipated" status varies from case to case. In some cases, court permission is necessary. Protocols vary by jurisdiction.
Emancipation of minors is a legal mechanism by which a minor is freed from control by their parents or guardians, and the parents or guardians are freed from any and all responsibility toward the child. Until an emancipation is granted by a court, a minor is still subject to the rules of their parents or guardians.
You are not a minor so you do not need to go through this process, you are free to live outside the home with no restrictions.See question
My I140 case was at Texas Service Center but was recently updated and transfered to the San Diego location.
I-140 cases are not usually transferred to the local office. The only instances they are being moved is for verification purposes, to verify a person or a fact about the case. Once again this is very unusual to happen. Other times this is a mistake and you need to be proactive to have the case returned back to the Service Center where it came from.See question