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Immigration Recent Legal Answers from Lawyers

Immigration Recent Legal Answers from Lawyers

What do I need to get a green card

Answered 3 days ago by attorney Sheree Wright   |   1 Answer   |  Legal Mostics: Immigration
It ranges. Roughly about $2900-$3500
It ranges. Roughly about $2900-$3500
Once you become a citizen it should have changed status. I suggest calling USCIS to update your status to US Citizen on his filing, or reach out to an experienced attorney in your area. 
Once you become a citizen it should have changed status. I suggest calling USCIS to update your status to US Citizen on his filing, or reach out to... Read More
The DS-160 does contain a field for whether the applicant has a fiancé in the US. The question is whether the issue came up at the time of the interview and the American consular officer discovered during the course of the interview that she actually did have a fiancé in the US. If that was the situation, your wife might be refused the immigrant visa after you now file and asked to submit an I-601 waiver application to overcome the ground of inadmissibility. The standard would be to prove that you would suffer extreme hardship if she was not given the waiver. On the other hand, if that was not the situation, it would be difficult to see how her tourist visa application would cause a problem with your immigrant visa petition for her at this time. A section 214B denial just means (as you note) that she was not able to show strong ties to her country of origin. Due to the limitations of the elawyers.info Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More
The DS-160 does contain a field for whether the applicant has a fiancé in the US. The question is whether the issue came up at the time of the... Read More

Can a dependent study full-time based on pending I-485?

Answered 7 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Mostics: Immigration
When an individual is filing for an I-485 application, he or she is allowed to become a full-time student based on the pending I-485. That may of course be a violation of F-2 status, and so I understand your concern of what would happen to her F-2 status if your I-140 is rejected and you still maintain your F-1 OPT status. I note that it would be difficult for U.S.C.I.S. to discover the fact of the violation as an I-140 even in a concurrent I-140/I-485 filing is generally first adjudicated before an interview is scheduled at the local field office. If the I-140 is denied, the I-485's would automatically be denied, most likely without interview. Due to the limitations of the elawyers.info Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More
When an individual is filing for an I-485 application, he or she is allowed to become a full-time student based on the pending I-485. That may of... Read More
Marriage fraud is one of the forever bars for which there is no waiver. Any further petition is deniable unless the applicant is able to persuade U.S.C.I.S. and the US consular officer that there was actually no fraud. Such could be a situation in which the case is denied for fraud, but the applicant is subsequently able to prove that they have been living overseas together for a long time, or there is a child born of the union.  I do note that we have seen situations in which the consulate or embassy was uncertain of whether there was actual marriage fraud and did allow a waiver to be done, which approval resolved the situation.  Due to the limitations of the elawyers.info Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More
Marriage fraud is one of the forever bars for which there is no waiver. Any further petition is deniable unless the applicant is able to persuade... Read More
Although you did not file concurrently the I-485 adjustment of status application with your I-130 petition for alien relative, U.S.C.I.S. does not require you to wait until approval or pay twice for the I-130. You can place a copy of the I-130 receipt with the I-485 application now and U.S.C.I.S. should locate the I-130 and consolidate it with the I-485 for your interview. If you wish, you and your wife can also give U.S.C.I.S. another set of I-130 forms to make it easier for U.S.C.I.S. in the event that the original l-130 is misplaced and not in the file on the interview date. In that event, you should mark clearly that it is only a second set for information purposes only. Due to the limitations of the elawyers.info Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More
Although you did not file concurrently the I-485 adjustment of status application with your I-130 petition for alien relative, U.S.C.I.S. does not... Read More
If you are married to a US citizen in a bona fide marriage, you and your spouse can begin the green card process and you will be able to drop out of college and remain in the US. Marriage to a US citizen places you in the immediate relative category, under which falling out a status would not make you ineligible for the green card. You would be considered in a state of grace until the I-485 adjustment of status application is decided. Due to the limitations of the elawyers.info Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More
If you are married to a US citizen in a bona fide marriage, you and your spouse can begin the green card process and you will be able to drop out of... Read More
Your fiancé may find it risky to return in a short amount of time under his visitor's visa if he has spent significant time here during this current stay. If he spent only a month or so, a reasonable period of time to come back would be in three months. Dependent upon his obligations and your mutual wishes, you may consider the possibility of him remaining and adjusting status in the US to permanent residence if you are a US citizen and you marry. Such would mean that his ability to travel would likely be curtailed for about six months, but would allow him to remain for the birth of your son. Due to the limitations of the elawyers.info Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More
Your fiancé may find it risky to return in a short amount of time under his visitor's visa if he has spent significant time here during this... Read More
Although it may be possible under different sets of circumstances for individuals to change status from B-2 to a working visa status, there would not appear to be a temporary visa status that you could apply for as a caregiver in home care. The nature of such a position is not highly skilled enough for H-1B and not of such a short-term nature as to qualify for H-2B visa status. If this is home care for a child instead of an elderly or sick person, you would likely not qualify for the J-1 exchange visitor program as that is for young adults.Due to the limitations of the elawyers.info Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More
Although it may be possible under different sets of circumstances for individuals to change status from B-2 to a working visa status, there would not... Read More
It should be about 3-6 weeks 
It should be about 3-6 weeks 

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