On 12/23/2003 I was detained at San Ysidro, CA trying to enter EWI. A few days later I entered the USA EWI, this time without incidents. I requested my FOIA and CBP records and these don't include any information on my border detention. But the F...
Good evening Richmond,
Because you're married to a US citizen, they have the ability to file an immigrant relative petition for you. However, as my colleagues have observed, you have larger problems in that you're subject to a permanent bar, which is to say that you're currently inadmissible to the US. Practically, that means that even if your spouse files a relative petition for you, you won't be able to do anything with it towards obtaining residency. It may be possible that you have some circumstance in your life which might help you overcome your current inadmissibility, but you'd probably want to speak with an experienced immigration attorney prior to taking further steps which might bring you more problems than solutions. Take care, Richmond!
Nas Khan Montoya, Esq.See question
my I 94 admit date is expired but I have a work permit and social security so can I get a driving license ?
Your ability to get a driver's license is conditioned by the rules of the DMV. Most of the time, a license is contingent on your lawful presence in the US, though there are some exceptions to that rule in California. The bigger concern may be your expired I-94, which may indicate a larger concern for your immigration status. If you already haven't, you may want to look into consulting with an experienced immigration attorney to address that issue. Have a fine evening!
Nas Khan Montoya, Esq.See question
I was in the US for 6 months and applied for political asylum. I didn't include my wife and children because they lived abroad and I was in divorce procedure with my wife(I only filed the information about them in -I-589). Now, they've come to the...
My colleague is correct, your wife and children under 21 may be included. Make sure to amend your application at the interview, and bring photos of them along with extra copies of the I-589 properly filled out to provide to your adjudicator. Best of luck.See question
First. Will I have any trouble getting citizenship when 5 years is complete? Second. I also have been thinking to marry outside USA how long will it take to bring my future husband to USA, from (Albania, Europe) with my current green card? Wi...
Do you mean you've had your unconditional green card for 2 years? If so, divorce will not be an issue for citizenship, but you will need to wait an additional 2.5 years before applying (3 years total if you're still married to a USC). As for marrying and immigrating someone else, make sure you're properly divorced before remarrying. Yes, your instincts are correct in guessing citizens have a quicker time immigrating spouses, but that timeline will be dependent on processing times in the future, not now. Best of luck!See question
My Sister-in-law had a B2 Visitor visa(not the i94) valid till March 2016. If i need to re-apply for her visiting visa (not i94 extension), should i wait till March 2016 to re-apply or can i do it earlier to the expiration date. Will there be any ...
Before reapplying, you should really marshal your case for an extension. Business? More tourism? Medical reasons? Just applying will not be sufficient, make sure there's a good underlying reason for doing so.See question
a hackathon is an event where software developers build an app in 24 hours and then are judged for prizes. i've read that remuneration with a B1 visa is not permitted - but in this case we are offering prize money, not salary. Is that allowed at ...
You have two questions in one. They are: can a B1 visa holder attend a hackathon. The answer is yes. The second question depends more on the rules as organized by the hackathon in terms of eligibility for entrants and participants. The hackathon organizers set their own rules, and they will know the answer to your question as it's not based on immigration law, but competition procedures. I hope that helps!See question
I have filed for U Visa in Feb 2015,done biometrics in july 2015,still no updates when I check case status. I cannot take admission in college for my daughter as they need immigration status. what should I do so that she can go to college ...
The best thing you can do is consult with an immigration attorney for next steps. It may be possible it's being held up for myriad reasons, that a Request for Evidence is being issued, etc. Further, it may be possible to schedule an INFOPASS appointment to learn of any news in your case, providing that's advisable at this juncture. At the same time, if your concern is simply "what's my status", then technically you have none. Right now you're an applicant, and a work permit won't change that. Only if your U visa is granted will you have some sort of status to report. Until then, your immigration status is "none" or "applicant for U status". I hope that helps answer your question.See question
Do they need to take some type of test? What is the process?
If the parents are already citizens, it may be possible the 16 year old became a citizen as a matter of law. Best consult with an immigration attorney before filing anything and potentially losing filing fees unnecessarily.See question
I need to submit N-400 application to applying for citizenship, but I have the following issue; My spouse was married and divorced more than 20 years ago, and it is stated in our marriage certificate. Now, we can't seem to have any...
Those missing documents were likely submitted with old applications, and if you really wanted to obtain copies of then, you could have an attorney file a FOIA request for you and they would likely shake out in the results. Don't worry! It sounds like there's a solution to this problem, even if it may take a bit more time prior to filing.See question
Hi,good morning . I am dr.nitesh patel an INDIAN arrived in CA on B2 visa.i was granted by CBPO on passport admit until date is 21 November 2015.whereas in I94 my admit until date is 22 april2016. So which should I consider correct. ...
Hello Dr. Patel,
That is a bizarre situation. My colleague is correct in stating the I-94 is controlling, and its very possible a small error was made which would explain the discrepancy. The best thing you can do is to find a local CBP office and inquire further, because they may be able to best help you quickly resolve the issue.See question