Get free answers to your legal questions from lawyers in your area.
I am currently on an L1A visa with an approved I-140 under the EB1C category, with a priority date of March 2024. My L1A is valid until September 2026, and I am planning to apply for an H1B visa in 2025 because my L1A will max out in seven years. If my H1B is approved, do I need to change my status... View More 
answered on Mar 2, 2025
H1B is subject to a cap and a lottery so you need to be selected in order to change status to H1B. Any time spent in L1 status counts towards the 6-year limit in H1B status. If your H1B is selected and approved, you may or may not go for H1B stamping. If the H1B stamping is not approved, you may... View More
I am on a teaching program at the moment. However, after the years here I have grown accustomed to working with the school system.
answered on Jan 3, 2025
Generally, a J1 waiver is needed in order to change immigration status or be sponsored by your employer for a working visa without having to go through the 2 year home residency requirement. Work with an immigration attorney
I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?
I know my... View More
answered on Nov 19, 2024
A fiancée petition should be filed using Form I-129F. The filing fee is $675. It could take about a year or so to get a decision after which your fiancée will need to schedule a K1 visa interview at the US embassy in Manila and pay a $265 fee and medical exam fee. Work with an immigration attorney
How can we stay in the US together after we get married while we wait for her legal status and can she still stay after we get married even if her student visa expires
answered on Nov 11, 2024
A foreign national (FN) in the US on a student visa who is married to a US citizen can be sponsored for an immigrant petition petition and may concurrently apply for adjustment of status. The aforementioned FN may stay in the US while waiting for the green card to be approved.
1.If I (US citizen) marry my Ukrainian boyfriend, who entered the U.S. with a tourist visa (B2), what are the chances that our Adjustment of Status will be approved? We’re aware of the 90-Day Rule, so we will wait until after that to get married and file for AOS.
2.Is there any chance... View More
answered on Oct 20, 2024
There is a chance for his tourist (B2) status to be stamped for less than 6 months. A potential Trump administration could possibly slow down the process. The I-130 AOS route will allow him to work in the US sooner as compared to the K1 process. There is a good chance for his green card to be... View More
answered on Jun 1, 2024
Apply for US citizenship when you are 31 yrs old or over. This is because the applicant's failure to register would be outside of the statutory 5-year period during which an applicant must show that he is of good moral character and disposed to the good order and happiness of the United States.
I have immigration/marriage related questions. I'm a U.S. permanent resident and I obtained my green card via EB2. My boyfriend entered U.S. legally via H2B but over stayed more than 5 years. He's currently in U.S. He has never received deportation letter. I plan to seek U.S. citizenship... View More
answered on May 28, 2024
Marriage to a green card holder, by itself, will not provide any status protection for him before you become a US citizen but could be a basis for cancellation of removal if other requirements are met. The marriage will not have any negative impact on your future citizenship application. Consult in... View More
Good Day. I just want to ask a question about If I am married to a US Citizen, and All of us are living in the Philippines as of now. We All filed for a petition. what will happen? how long is the process? Thankyou
answered on Mar 18, 2024
The US citizen can file an immigrant petition for his spouse and children at the USCIS Elgin Lockbox; online using the USCIS website; or at the U.S. Embassy or Consulate in certain limited circumstances, as described in USCIS Policy Manual, Volume 6, Part B, Chapter 3.
Once the petition is... View More
I came after 25th birthday in USA and didn’t register for special selective services and I left USA after I got green card and visited every 11 months for couple of weeks and started living continuously since last 5 years so what should I write yes or no in special selective services question in... View More
answered on Jan 4, 2024
If you lived in the US between ages 18-26 (other than a lawful nonimmigrant) you should have registered with the selective service system. If you didn't register, explain why you failed to register or apply for N-400 afer the age of 31. I suggest you get assistance from an immigration attorney.
answered on Nov 17, 2023
Children under the age of 18 automatically gain U.S. citizenship by law (derivative US citizenship)when the following 3 conditions are met:
* The child holds U.S. lawful permanent resident status, commonly referred to as being a “green card” holder.
* At least one of the... View More
I am an undocumented immigrant married to a U.S. citizen with one child. I'm currently a second-year student pursuing a bachelor's degree in psychology, with a possibility of switching to a tech-related field. I haven't started any immigration proceedings besides filing for PIP in... View More
answered on May 27, 2025
H1B is not a viable option for an undocumented foreign national.
My aunt, who is currently in the US, is about to apply for her green card. She plans to petition for her entire family, including her husband and four children currently living in Africa, to join her. Her oldest child is 30, married, and pregnant. Will her oldest daughter be denied a visa because... View More
answered on May 26, 2025
Your aunt may include her spouse and children under 21 as derivatives in her green card application. She can petition her married child once she becomes a US citizen.
As a first-time applicant for a reentry permit with a valid green card and no issues regarding my green card status, what happens if my reentry permit application gets rejected without any specific reason?
answered on May 23, 2025
Without a reentry permit, lawful permanent resident status may be deemed abandoned for trips outside the US for 1 year or over.
I'm urgently seeking advice regarding my immigration status as my H1B visa expires in early August 2025 (renewal is unlikely). I was selected for the DV Lottery FY2025 and may become current by September, so I'm planning to file my I-485 immediately. My spouse is on an F-1 visa, and I am... View More
answered on May 16, 2025
F2 is a nonimmigrant status so potential issues may arise if you intend to apply for an I-485 as this indicates immigrant intent
I have an approved immigration petition filed by my mother in 1984, but I have not received any communications or updates, while others who filed more recently have received messages and updates. My contact information is up-to-date with the U.S. Embassy in the Philippines, and my mother is... View More
answered on May 16, 2025
The priority date of the 1984 petition has been current for a long time as the National Visa Center is now processing petitions filed after 2003 according to the visa bulletin. Work with an immigration attorney.
I am a permanent resident in the U.S., and I want to know if I can sponsor my undocumented sister to obtain a green card. She has been living in the U.S. for over 29 years and has no other family here who can sponsor her. What are the possible options or legal pathways available for her to become a... View More
answered on May 8, 2025
A lawful permanent resident cannot petition to sponsor a sibling but can do so once he/she becomes a US citizen.
I am undocumented and planning to take a flight from Chicago to France. I only have my passport, and I haven’t consulted a lawyer. Can I travel without being stopped by immigration at the airport?
answered on May 7, 2025
An undocumented person may fly from Chicago to France without issues but may be barred from returning to the US.
My wife's parents are green card holders who stayed outside the U.S. for three years to care for her grandmother, who recently passed away. They did not have a re-entry permit as they did not plan on an extended stay. They have documents like death certificates and hospital records to explain... View More
answered on Apr 17, 2025
Green card holders who stayed outside the US continuously for a year or more will be deemed to have abandoned their LPR status. They will need to apply for an SB-1 visa to return to the US.
My grandmother filed a petition for my father under F3 with a priority date of July 2004. The case number is MNL2005. We recently received a welcome letter, which means the priority date matches the original petition date. I'm concerned about my eligibility under the Child Status Protection... View More
answered on Apr 12, 2025
To determine eligibility as a derivative under the CSPA, subtract the time the petition was pending from your age when the priority date becomes current. If it turns out to be under 21, you may qualify as a derivative.
I am currently on an H1B visa and have been for 1 year. My United States citizen partner and I plan to get married in May 2025. My visa is tied to my work location, which is an hour away from where she lives in a different MSA, so we can't live together yet. Do we need to continue living apart... View More
answered on Apr 11, 2025
An H1B foreign national who was validly admitted to the USA will still be eligible for a green card based on a bona fide marriage to a US citizen in spite of moving to a work location outside of the H1B MSA
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
