My husband been a resident since 1983 just filed an N400 .waiting on his finger print.we have a 9yrs old & a 6 months old .married almost 2 yrs Should we file the i 130 and i 485 now or wait until after his civil test and ceramony.
You do not say what relative of your husband needs an I-130. An I-130 is an immigrant visa petition. A lawful permanent resident can file an immigrant visa petition for a spouse or an unmarried child. Your husband is not a US citizen until he takes his oath at a naturalization ceremony. Once he takes his oath at a naturalization ceremony and becomes a US citizen, he can file an I-130 for other relatives such as married children and his siblings and parents. He cannot file an I-130 and I-485 together unless the beneficiary is eligible to adjust status immediately. I recommend you see an attorney to determine whether the beneficiary is eligible to adjust status immediately. Most of the time, spouses of lawful permanent residents are NOT eligible to adjust status immediately, and so it's not appropriate to file an I-485 along with the I-130. But an attorney can tell you whether the beneficiary is eligible, perhaps because of an old priority date (such as a Western Hemisphere Priority Date).See question
Hi, I am Pulak, 27 years old, from India. I want to visit Alaska next summer. But I also want to take up a job to support my expenses. So, what do I have to do? Stuffs I have known till now (it maybe correct or maybe not) is that I need to have...
The current list of H-2 eligible countries does not include India, so it will be difficult for you to get an H-2B visa to work in Alaska. See https://www.uscis.gov/working-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers#H2-B%20Countries But the list occasionally changes. There are several fish processing companies in Alaska that seek H-2B workers, but they typically only employ persons from countries on the list at the link above.See question
My papers at NVC said it was complete and on going for interview schedule. After a week i follow up they said it is under administrative processing. Then follow up again and they said ot was returned to USCIS. Then petitioner received letter of ca...
I recommend that you contact a qualified immigration attorney immediately so that the attorney can review the full facts of the case with you. The attorney can determine why this happened. There's not enough information posted here for anyone to tell you the reasons. The lawyer will need to review your immigration file and talk to you.See question
So I just joined the military with the help of MAVNI program last year. I was supposed to ship out in January, I got medically cleared and but I won't be shipping out till March 2017 now. I'm having a hard time financially and I really need to wor...
Your recruiter is not an immigration lawyer and should not be giving you legal advice. If you are a MAVNI who has not yet shipped to basic training, you are authorized to work by DHS regulation for the US Armed Service in which you have enlisted. Unless you have separate work authorization that allows you to work for another US employer, that employer cannot legally employ you. You can apply for jobs--but most employers will ask you during the interview process whether you are authorized to work for them, and even if they don't ask this question, you will be required to fill out Form I-9 on the first day of work. If you don't have the documents necessary to complete Form I-9, your employer will face serious liability by employing you (fines and penalties). From the information you've posted, it sounds like you do not have a valid Employment Authorization Document, so you probably cannot work legally for any employer except the US Armed Service that enlisted you. Please make an appointment and see a lawyer if you want to find out how to get work authorization.See question
I came into the country with a B2 visa but later got married to a US citizen . My visa is still valid and she's filling for my papers .last week for my a letter for my biometric appointment for next month and later got another letter for my inter...
If you live in Alaska, outside Anchorage, it is very common for USCIS to ask to do your biometrics and interview on the same day. Your message indicates that you are in Fairbanks. USCIS does not have an office in Fairbanks; instead, the officers visit Fairbanks periodically to serve the people who live there. When they visit Fairbanks, they will often take your biometrics and do your interview on the same trip. If you are worried about going to the interview without a lawyer, you may hire one to attend the interview with you.See question
I was charged with an DUI. Not yet convicted have pretty good chances of getting the case dismissed. My next hearing is in October can I leave the US and still enter back. My Non immigrant status is L1b
You can leave, but you will have troubling come back. In recent months, nonimmigrant aliens who are arrested for DWI/DUI have been experiencing new problems with their visas as a result of their arrests.
When the person in the United States is arrested, their fingerprints go into the various law enforcement and security systems. For example, if they are arrested here in Alaska, then every U.S. government agency worldwide receives a notification; whether in Mumbai or Memphis, often within 36 hours of the arrest.
The consuls then use the address they have for the arrestee, taken from their records in the original visa applications. These addresses may be years old and no longer valid, but they are the addresses the consuls use. A letter is sent to the client telling them that the nonimmigrant visa has been cancelled and they are no longer able to use that visa. U.S. Customs and Border Protection (CBP) are also notified, so that if they try to use the visa, and come to the United States anyway, CBP will pick up the visa invalidity at the port-of-entry and send them back. This occurs even if the client did not know of the visa revocation.
If immigration counsel is brought into the case early on, we can advise clients that if they have a DWI/DUI arrest in the United States, they should not leave until the case is completed. Of course, their authorized stay in the U.S. may expire and they have to leave, or apply for extensions. There may be personal reasons for them to go. If they must leave the U.S., their visa will be invalid for any future return and they are not likely to receive a new visa. The only way for them to fight their case (and avoid a bond forfeiture) is to apply to USCIS for an extension of their authorized stay and to work to try to expedite disposition of the DWI/DUI case.
If the alien is convicted and returns home to obtain a new visa, the consul will almost always deny the visas. It’s “one strike and you’re out.” People will be referred to medical panels and psychologists to make findings whether there is a medical or psychological condition and associated behavior that makes them inadmissible to the United States as a danger to themselves or others. These evaluations can take over a year.
If there has been harmful behavior associated with the offense, it is even less likely that a visa will ultimately be reissued.
Thus, keep in mind that a DUI or DWI arrest can create a huge problem for a nonimmigrant alien who travels abroad intending to return. The only way to avoid an immigration disaster in such instances is not to travel and to fight the case and try to win. Anything else will result in the end of their nonimmigrant status in the United States. They may not necessarily be deportable as a result of the offense, but if they leave, they most likely will not be allowed to return because they will not have a valid visa and are not likely to obtain one.
Keep in mind that the DWI or DUI offenses are still not deportable offenses. The arrest itself will ensure that these nonimmigrants will not be able to return to the U.S. any time soon if they leave. Only a dismissal or acquittal will allow future access to the U.S., as a general rule. Please note, too, that these problems affect only nonimmigrant aliens (like L-1B visa holders).
My situation is: Last summer i came with my J1 Visa and i was told by my work agency that if i wish to stay after my Visa expires, i should apply for ESTA. So i did it was approved, but i didn't re-enter the country, I applied for them while i was...
If you show up at a Port of Entry, you are likely to be denied admission and sent back to your home country, since you previously stayed longer than permitted when you were in the United States previously in J visa status. I'd advise you not to try to enter on the ESTA program now. Instead, as others have said, you should try to apply for a B1/B2 visa at a consulate in your home country. If you are granted a B1/B2 visa, you should not have trouble reentering the US for a short period of time, as long as you have fully disclosed your prior "overstay" in the B1/B2 visa application. See https://help.cbp.gov/app/answers/detail/a_id/1074/~/esta-application-denied for more information about how the US Customs & Border Protection Agency determines eligibility for ESTA.See question
I have no interest in actually fighting for the country, but would serve for as long as the contract require me to. What is the minimum number of years I have to stay in the Army as MAVNI language specialist before leaving? Is there a position wh...
If you have "no interest" in fighting for the United States, do not attempt to enlist through the MAVNI program. Everyone who joins the US Armed Forces is trained to fight in combat, and there are no jobs that have any guarantee that you will not be in combat. If you are not mentally prepared to fight, it's foolish to join the US Military. Even jobs like "supply specialist" or "dental technician" could send you to combat zone. And no, there's no job in the US military that allows you to "only attend training." All jobs require you to sign a contract that you will go where you are ordered to go. Finally, everyone who enlists in the US Army today signs an eight year contract. Not all of those eight years are "active" years where you perform duty and get paid, but at any time during that eight year period, the Army could call on you to be deployed, and you might be deployed to a combat zone. The MAVNI program is not for people who are interested "exclusively for citizenship purposes." It's a program for people who are interested in serving in the US Armed Forces. I highly recommend that you find some other path to citizenship, such as getting a green card through a civilian employer. Someone who joins the Army "only" for citizenship is likely to fail Basic Combat Training. And yes, you will be sent to Basic Combat Training. Everyone who enlists in the Army attends BCT. There's a reason why every enlisted Soldier must attend BCT: Every enlisted Soldier is expect to fight in combat, if necessary. No exceptions.See question
Hi, I join the Army through the MAVNI program to acquire the citizenship. However, I get a significant injury during the Basic Training, and the military provider said I am qualified to apply for the MED Board. Usually it only takes 4-6 months to ...
To be eligible for citizenship through military service, if you have been discharged, you must be discharged with an "honorable" or "general under honorable" discharge. If you were injured during basic training, you may not receive one of these types of discharges--instead, you may receive an "entry level" discharge that is "uncharacterized" (it's neither "honorable" nor dishonorable). If your discharge is "uncharacterized," you cannot naturalize through military service. Please see your local JAG Legal Assistance office to find out what type of discharge you will be receiving and what the "character" of your service will be.See question
Hi All, I presently work for a tech (software/IT) firm and under the MAVNI program I'd enlisted as an army reserve. I'm soon scheduled to depart for basic training. I wanted to know how is my H1B status effected while being on military leave. To ...
If you are a MAVNI, and you have enlisted in the US Armed Forces, the first thing you should do is look at your employer's handbook or bulletin board to see what the employer's USERRA policy is. USERRA is a complex law, but many employers have a USERRA policy. If the employer does not have its own policy, then the "default" provisions of USERRA will apply. USERRA does not cover every job, but it may cover yours. You can figure that out by reviewing the US Department of Labor website USERRA pages. Contrary to what some people think, MAVNI enlistees are covered by USERRA if a similarly situated US citizen would be covered by USERRA. Most smart employers will at the very least give an H-1B MAVNI a "personal leave of absence" (unpaid time off) to attend military training and then will offer the job back to the person when the person returns from training. Doing so will prevent the returning employee from making a claim under USERRA. But again, USERRA is complex so you should make an appointment to talk to an attorney who is familiar with USERRA if you have questions about how it applies to you.See question