Thursday, May 17, 2018

Free immigration questions online from

I m a US citizen married a Nigerian and petition for him to come to US. separated after 6 month. How can I divorce him?

We married in his state May 2015. After I petitioned for him to come, he arrive in US May 2016. He's got a 2 year green card. We split Nov 2016 due to his hostile behavior and signals that he can have married me to come to US. He offered to leave and I had to call law enforcement at that time and told policeman that's is giving up his right to live in the dwelling I have owned for 8 years. The policemen helped him to remove what personal items which were left in the home. He'd removed most things a week prior to me having to call the authorities. What's my obligation and can I file for divorce in the customary manner? Thanks
A: Yes, your divorce would be filed the same regardless.

Can I file I-130 for my 15 year-old daughter whose mother is not my legal wife?

I am a US citizen. I 've a 15 year old daughter who was born in Hong Kong. Her mom is not my legal wife. Can I bring her into the USA for permanent residency?
A: Yes. For her to get a green card so long as she's your biological daughter below the age of 21, you may file. If she enters the USA before the age of 18, she'll likely derive citizenship from you under the Child Citizenship Act of 2000 as long as you've shared legal custody. If not, she'd continue to be permanent resident until she is eligible to file for naturalization on her own. Consider working with a lawyer to sort this out.

Does my wife need to update her name on her green card before filing an I-130 for me (husband/spouse)?

I'm a foreign national who married my wife who's a US permanent resident. We got married in america and she chose my surname upon marriage. (1.) Does my wife, as the I130 petitioner, need to submit an application for a brand new permanent resident card with her surname that is upgraded before filing the I-130 or will our US marriage certificate suffice? (2.) Also, she has 3 middle names (Example: Jane Alexandria Victoria Elizabeth Doe). Her permanent resident card has all her old names; nevertheless, our marriage certificate only has her first name, first middle name, second middle name initial and my new surname (Example: Jane Alexandria V Thomas). Which name should she contain on the I130 in accordance with my first question? Thank you.
A: Almost daily is changing and it is unwise to put it charitably to try to represent yourself in an immigration matter. Only an Immigration lawyer has the expertise to correctly fill out immigration forms and put together the right package of records and other evidence to support the immigration gains you are striving to get. Nevertheless, particularly in these troubled times, you should retain an immigration attorney. This really isn't a do it yourself job! You need to focus on retaining experienced immigration counsel, particularly now since Trump is now President that immigration is considerably more restrictive.

Does it matter whether we get married in the UK or USA if my fiance is British and wishes to move here with me?

My fiancee is British. She comes over here on a tourist visa several times annually. My goal is to get her live with me here. I'm a naturalized citizen, employed full time. Does it make any difference whether we get married there or here, if she were to apply to reside here?
A: Make any difference for what purposes? Your question lacks sufficient detail. The best first step is an Initial Consultation with an Attorney. You can read more about me, my qualifications, awards, honours, testimonials, and media appearances/ publications on my law practice site. I practice law in CA, NY, MA, and DC in the following areas of law: Contracts & Business, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make warranties, guarantees, or any forecasts; or create any Attorney-Client relationship.

How can I protect my illegal husband of 20 years from deportation? I'm a US born citizen and we have 3 children.

He entered illegally before we married and got caught, so he had orders to be deported. He voluntarily left, but came back 18 months later after we married, and wasn't found the second time. He's got no criminal record other than a seatbelt ticket. Our children are ages 19, 15, and 12. He does not have any visa. Without having to leave, how can he get legalized? We have been married 20 years. I am frightened for him. Will someone please reply me? A: Consider contacting legal counsel for a consultation. Situations like this are highly fact specific. There could be a means to help your husband, but it is tough to figure out without more information. I 'm US citizen who married my wife in Jamaica. What is the very best alternative to bring my wife to the United States? Affordable lawyers? What's the avg. fee rate from beginning to end? To understand the procedure. Is the green card just like partner visa? Is there any who applied for Visa has the process slowed down as a result of Trump's new executive order?
A: The Trump EO should not slow down the processing of the I-130 petition for a Jamaican citizen. Finest way to assess your wife's situation is always ask for price quotes during the consult and to discuss in a consultation setting with multiple attorneys. Many immigration lawyers offer free consultations. Pick the one you feel most comfortable with and rather who is an AILA member (American Immigration Lawyers Association).

LPR documents requirement when travel outside U.S.

My mother is LPR, and she plans to travel outside U.S. in this summer. After reading the file "Traveling outside of the U.S. - Files needed for Lawful Permanent Residents (LPR)/Green Card holders" on U.S. Customs and Border Protection website. it says," Foreign nationals who have applied for permanent residency may need to be qualified for advance parole ahead of traveling out of the U.S. In order to be readmitted when traveling back to the U.S. (H1, H4, L1, L2, K3, K4 or V2, V3 holders do not need advance parole to travel abroad after applying to adjust status." I wonder, does my mother should file parole earlier in advance in order to be readmitted when traveling back to the U.S. ? Another concern, her green card will expire on March 2018. Is she ok to travel outside U.S. in December? As an LPR, how long can she remain outside U.S.? Just how many days can she stay outside U.S. if she travels multiple times during a year? Thank you in advance for your reply
A: For every one of the details either contact an immigration lawyer or visit the USCIS office in Denver (schedule a meeting online because they do not meet non-scheduled parties). An attorney will charge a fee as well as the USCIS is not going to charge you (but you'll have to wait). Innovative parole is for those who are applying for PR status, but haven't been given formal PR approval. That is, provided the green card is still valid advanced parole is not usually required.Within the limits of "temporary" traveling, there are no restrictions of how many times a permanent resident leaves the US, provided that they still meet the minimum period of time in the US required to maintain the PR status (i.e. 6 months or longer outside the US can result in LPR abandonment).For the details of PR requirements review the PR application directions. The USCIS webpage should also have this info available.Depending on when she files for a renewal and when your mother is outside the US an advanced parole might be deemed necessary.Eventually, recall a valid foreign passport AND ALSO a legal green card have to leave and reenter the US for green card holders.

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