Recent comments

  • DUI and Citizenship   5 years 46 weeks ago

    A DUI can create problems for a naturalization petition. However, generally speaking 1 DUI conviction does not necessarily mean your case will be denied. In your case it might be more of an issue since it is so recent and you will not have the opportunity to show that it has been resolved and it was a one-time error in judgement and that you do not have an alcohol problem.

  • Green Card   5 years 46 weeks ago

    It depends on how old he is now. He wouldn't have started accruing unlawful presence until his 18th birth day. If he has accrued more than 180 days of unlawful presence he will be subject to the 3/10 year bar. If you are married you can apply for an immigrant visa for him but if he has unlawful presence he will have to apply for a waiver.

  • Advice with K1 visa   5 years 46 weeks ago

    he may have some serious problems obtaining any visa since he submitted fraudulent documents in connection with a visa application in the past.

  • CRI89 Petition Approval   5 years 46 weeks ago

    It sounds like that is the case.

  • Request Evidence on i-751   5 years 46 weeks ago

    I don't know anything about your relationship so I can't really say what other evidence you could send since I do not know what is available. If you haven't already take a look at my I-751 guide which has a lot of information about the types of evidence you can submit. If you would like some assistance wrapping up your case please email me and I will quote you a fee for my services.

  • Changing F1 status   5 years 46 weeks ago

    Unless you have a spouse are parent who is a U.S. citizen the only likely option for you would be to find an employer in the U.S. who would be willing to hire you and sponsor you for an H1B visa. However, currently there are no H1B visas available. There may be other employment-based non-immigrant visas that you may qualify for but it's tough for me to say based on the information you provided and my area of expertise is family-based immigration.

  • What to do next...   5 years 47 weeks ago

    Additional information: Today I talked to transfer out school, adviser told me that his school never accepted me and sent me an official letter so officially my current school can not release SEVIS.
    Moreover he is willing to transfer back terminated SEVIS to current school. Based on this information what are my chances to get reinstated.

  • What to do next...   5 years 48 weeks ago

    it is possible but if he has been living in the U.S. for more than 180 days illegally he will be barred from returning legally for at least three years. You would have to apply for an immigrant visa for him along with a waiver of the bar. If you would like assistance with this case please email me and I will provide you with a quote for my services.

  • I797 expired during USCIS review   5 years 48 weeks ago

    I really can't say without knowing why the consular officer denied the H1B visa.

  • L1 conversion options   5 years 48 weeks ago

    Well, it's tough to answer such a broad question. Yes, there are several other types of non-immigrant visas which may allow you to remain in the U.S. but I can't say which, if any, you would qualify for based on what you have told me and these cases are generally more complicated than I would be able to deal with in this forum anyway.

  • Marriage on B-2 visa   5 years 48 weeks ago

    You should leave the U.S. soon. If you accrue more than 6 months of unlawful presence you will be barred from returning for 3 years. You will not be able to remain in the U.S. legally based on your marriage. You will have to return to you country and apply for an immigrant visa there which may take several years. How long has your future husband been a resident?

  • F1 visa holder   5 years 48 weeks ago

    You will likely encounter problems changing status to most visa types since you did not maintain your F1 status. You may be able to adjust status if the AOS application is based on marriage to a U.S. citizen. If you continue to stay in the U.S. you are subject to deportation and removal.

  • EB2/EB3 filing based on Prevailing Wage Determination   5 years 48 weeks ago

    Sorry, I do not deal with EB visa related questions in this forum.

  • Nondocumented students   5 years 48 weeks ago

    The choices really depends on the specific facts of the case. If the student is unlawfully present in the U.S. there is not much that can be done unless the student has a means of legalizing his or her status such as through a close family member. I am not familiar with sanctuary schools.

  • Filling out Form N-400 Application for Naturalization   5 years 48 weeks ago

    Sorry, I can't give you any better answer than I gave in the previous post.

  • green card for highly qualified professionals   5 years 48 weeks ago

    I do not specialize in these types of cases. However, it is possible that you could obtain lawful permanent residency. However, unless you can show extraordinary achievement (like a nobel prize) you would have to find a job in the U.S. and an employer who was willing to sponsor you for residency. It is a complicated process.

  • Previous Conviction (10 years ago)   5 years 48 weeks ago

    Assaulting a police office may be the type of offense that will require that he apply for a waiver but it really depends on the details of the crime and the conviction. I can't tell you without reviewing the record and doing a little research. If it is the type of crime that would make him inadmissible the fact that it happened 10 years ago will weigh in his favor in the waiver application. If you would like my assistance with this case please email me and I will provide you with a quote for my services.

  • sponcer requirement   5 years 48 weeks ago

    In order to meet the requirements of the affidavit of support you have to show current income or assets in an amount equal to 125% of the federal poverty guidelines for your household size. So if that number is $18,000 for you, for example, you have to show current annual income of $18,000 or assets (savings or whatever) in the same amount. When you have to prove this depends on the type of case you file. For a K1/K3 you will have to prove this at the time of consular processing. For an immigrant visa petition you will have to prove this at the time of National Visa Center processing and consular processing. If you would like assistance with your case please email me and I will provide you with a quote for my services.

  • Online boyfriend, how to get a tourist visa to meet, then to later apply for a K1 visa?   5 years 48 weeks ago

    In order to apply for a K1 visa you have to show that you have met in person at least once in the two year period prior to filing. It doesn't matter where you meet. He can come here or you can go there. However, he will need a visa to come here and he may not get one. All he can do is apply and see what happens. If he can't get a visa to come visit you then you will have to go see him to meet this requirement. He can apply for a tourist visa any time he likes. You can file the K1 immediately after you can meet all the requirements. If you would like assistance with your case please email me and I will quote you a fee for my services.

  • K1 proof of income   5 years 48 weeks ago

    Generally, current income is the most important factor considered when the consular officers evaluation the strength of the affidavit of support. If she can show 3 months of sufficient income that could be enough but they might have concerns given the short length of her employment. Length of employment is also a consideration. If she has assets she can also use these to satisfy the affidavit of support. If not, she might want to consider returning to work sooner or you might run into problems.

  • how long it will take for my husband to be in USA.   5 years 48 weeks ago

    The priority date for spouses of lawful permanent residents is March 22, 2009. This means that they are currently processing cases that were filed in March 2009 so there is more than a 2 year back log just to get a visa number. There is no way to speed this up.

  • family immigration visa and citizenship   5 years 48 weeks ago

    Your arrest for shoplifting should not be an issue for your husband's immigrant visa petition. Shoplifting is generally not an offense that can lead to the deportation of a lawful permanent resident and general would not cause the denial of a naturalization application but it all depends on the facts and circumstances of the case. If it is a first offense and you are in a diversion program it will not likely be a problem.

  • Filling for siblings   5 years 48 weeks ago

    Assuming the adopted child is a U.S. citizen he or she could file immigrant visa petitions for his or her siblings but you would have to be able to prove the relationship. If there are not records such as birth certificates, etc. to establish the sibling relationship this could be accomplished via DNA testing. However, the wait for visas for siblings of U.S. citizens is very long--more than 10 years in most cases. If you would like some help with your case please email me and I will quote you a fee for my services.

  • PLEASE HELP!!!   5 years 48 weeks ago

    Since he did not accrue any unlawful presence it should not be a basis for denial of a K1 visa. I don't know enough about your case to tell you if you have a good K1 case or not but proving the validity of the relationship is very important. While the fact that you were only physically together for 5 months by itself is not a problem you will need to prove the relationship and not having evidence of that could be a problem. As for the financial aspect, you will need to show sufficient income for the affidavit of support but if you do not have sufficient income you can have a friend or family member act as a co-sponsor. If you are serious about the K1 visa and are interested in my services please complete my fiance visa case evaluation form.

  • How to fill blank boxes on I-751   5 years 48 weeks ago

    These aren't silly questions. At least you actually read the instructions--most people don't even bother to do that :) The instructions are not entirely clear but generally I enter "NONE" when the client does not have a middle name. For the mailing address, the form says "if different than above" so if it is the same just leave it blank. You could write "same as above" and it won't be a problem. For Part 3 Question 1 about other names you should enter "NONE" if you haven't used any other names. Since you prepare the form on your own you should leave Part 8 blank, since it says "Person preparing form, if other than above.

    Please be sure to read my I-751 guide if you haven't already.

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