I came US in f1 visa and i was maintaining my status till I was enlisted in US army through the mavni program and due to enlistment I way authorize by college to terminate my i-20 so that I can go for basic training. But I was discharge from the army(uncharacterized). Is it now possible to regain my f1 status.
You need to get back with your International Students Office and see what they recommend.
Have a pending I-130 with priority date of 26 OCt 2002 In the F2B category, now my cousin wish for me to visit her in MARYLAND, My parents and siblings live in the states and I have been denied B2 Visa befor in 2002 , but I have also travelled to the US before as a child first in 1987 and 1992 with my father. QUESTION is I have 5 Years working experience in a bank, I have travelled to the UK,FRANCE,ITALY AND SPAIN regularly on holidays in the last 3 years. What are my chances of getting a visitors visa? If my chances are not bright, I might as well forget about applying for a visitors visa.
Your chances are slim, but it is impossible to predict.
What if already have a Green Card I lost it, but it wasn't expire yet and I need to redo it how much it going to cost me to renew to get it redo?
You do not need a lawyer for something simple like this usually. I think you should look at Form I-90 at the USCIS web site.
I work for IBM and have my appointment for H1 visa stamping at Toronto , my prior stamp h1b was also from Toronto , I just recd a call from US embassy stating that since I am not getting my visa stamped in my home country and if there is any administrative processing on my case determined by the visa officer i would be required to stay in Canada till the time the visa officer is not satisfied or gets the results of the administrative processing .... I wanted to ask have any other client of yours also got any similar message ?
Yes, we did get this information.
Last november 11, 2009 I went to seattle for vaccation. I detained: 1-one returned ticket for may 3, 2010; 2-one electronic ticket for one mission on geneva from december 1st to 7, 2009; 3- 3books for my online MBA courses; 4- one visa B1 & B2 for 10 years issue on july 2007, 5- a letter for my employer. But when I arrive to airport the immagration office say that I came to work or study, but not for vaccation. They put me in Jail ARROUND 1 MONTH and they revoked me.
I want to know the way to make my complaint and ask to review my case. I am an international worker since 1999.
You will need a consultation with a lawyer. It appears you were formally denied admission and excluded from entering USA. The one-month detention sounds strange. Anyhow, get a lawyer, this is not a simple matter.
I was laid off by Company A on August 14th. I found a job with company B on October 14th. A transfer of H1B was filed by company B, but an RFE was raised asking me to prove that I had maintained my status. Since, I had no way of proving that I had maintained my status, a new H1B was filed by company B. The new H1B was approved. I have my stamping interview in 3 days. What kind of questions should I be prepared to answer? I am concerned that they might not approve my case. Please help!!
Merely being out of status is no ground for visa denial in your circumstances. Tell the truth. You should be ok on the status issue.
My father(us citizen)petitioned for my mother march09,case approved june09,since then nothing,can he file (k3) for her.
From what I recall, K-3 can be approved at the consulate only until they do not receive official notification of the approval from USCIS. I think it may be too late for your mother. She will probably need to wait for her green card now. That is likely to be quicker than a K-3 at this point, anyway.
I've taken about 60 trips outside of the US since I received my green card in 1988 - while I have exit and entry dates for most of them, for some of them I no longer have the exit dates, only the US entry stamps, and it is possible that I don't have all US entry stamps... same goes for dates of various traffic citations over the decades, minor things like parking, speeding, unsafe stopping, seatbelts - how do you suggest I enter this information on the N-400 form?
The burden of proof is placed on you. USCIS can deny an application where proof is insufficient. For entry/exit, I would recommend an affidavit from you giving the best possible approximation. The tickets - go back into your driving record at the DMV and see what you can pull from there.
Questions & Answers: Information for U.S. Citizens in the process of adopting a child from Haiti
On Jan. 12, 2010, Haiti experienced an earthquake of devastating proportions. This set of questions and answers provides information for United States citizens in the process of adopting a child from Haiti.
Recently (2009), I changed my status from H1B to H4. My Employer cancelled the H1B after I changed the status to H4 Visa. I have H1B petition document(I-797) with me.
1)Now Can I use existing H1B with the new employer?
2)Do I fall under quota or I need to file new H1B in this Year quota?
You will be exempt from the quota (assuming your previous employer was a private employer - NOT exempt from quota). The new employer will need to apply for an H-1 again.
After completion of the case by NYC, interview date of my sister and family has been scheduled at the US
Embassy at Johannesburg . Can you please let me know as to what type of questions are asked during interview.
will they get visa same day, if everything goes well.
The questions in family-based cases tend to be basic and nothing to prepare for. Usually, the immigrant visa package could take a few days, but I am not certain as to the exact time frame. The consulates are good about responding to emails. Write to them.
I applied for GC in February 2005. I was married in October 2007 in India. I got my GC in July 2008 on EB2 category. I never added my wife to GC application after marriage because we had conflicts. She left to India in November 2007. I have got the marriage annulled in USA in December 2007. However did not proceed in Indian court. Now we have reconciled and want to get back together. Since there was no divorce in Indian court can I get a family based GC for her? According to Indian law she is my wife since October 2007. What options do I have to bring her to USA?
As far as I can tell, you are out of luck till you get remarried and naturalized. A legal annullment strikes out the marriage. Whether done here or in India should be irrelevant. But you are so close to natz., this should be no problem.
I'm a US Citizen & would like to sponsor GC for my parents who have 2.5 weeks of tourist visa validity. Is it possible in such a short time since you mentioned that they need to have visa validity until the I-130 is approved. Can they apply leave the country and get back?
You will need to file 130 and adjustment of status papers together.
My boyfriend is a u.s citizen and we want to get married. The problem is that i came to mexico and i cant go back. I was wondering if there was any visa or anything that he can get for me to go back before i get my greencard. And how long and how much it takes to do the whole process.
You could look into a fiancee visa (K-1). It can take a few months.
My husband has a greencard, and I came to US after marriage on L1 visa, my I94 expires on 09/2010. My husband is waiting for his citizenship in 2011 to file for 130 and 1-485. Can I still do AOS staying here in 2011 or do I need to go for consular processing.
A green card holder's spouse has no status while waiting for their priority date to become current. You should maintain your L-1 status.
1. I came to the US on H-1B in November 2007. My sister is a citizen of this country and she applied for a green card for me (and my dependents) in the F4 category in 2009. I also came here in 2006 for 2 months on B1. I have never overstayed on my Visa. Is this fine or will it be a problem? We also mentioned my A#, SSN etc..on the I-130.
2. During the H1b process, I missed mentioning my sisters name on DS 156 (question 37). This is a question on the form to disclose if anyone in the family is a US citizen. Will this create an issue? On the I-130 form, in the proofs, my name was not on the birth certificate (date of birth, parents name etc..all match with my sisters birth certificate).However, after filing the form I-130, we worked with the government agencies in India to get it corrected.Is there a way we can send the updated birth certificate to USCIS or should we just wait?
1. I see no issue in applying for a family based or employment based green card while on H-1.
2. If the omission of your sister's name was unintentional, I do not see it becoming an issue. Regarding birth certificate, you may want to contact the customer service. Normally, CIS is reluctant to accept later changes. But you should be able to overcome any problems they raise.
I am an Indian born, Australian Citizen on a E3 visa. Does applying for a Green Card jeopardize my chances of getting E3 visa renewed in the future? My wife is on E3D visa and has EAD. She is working now and can her employer start GC process and will that jeopardize her E3D visa renewal and/or my E3 visa renewal? What is the best bet? Applying GC on my name or her name? Both are qualified educationally and both have jobs in the U.S
Applying for a green card should not be a problem for you or your wife. I always suggest filing two independent green cards where the option is available. This provides for a safety net if the process fails for one of the spouses.
Could you tell me how does the Naturalization Office verify dates of US entries/exits? My wife and I have been lawful US Green Card Holders since 1990 and we're interest in applying for naturalization now. We've been traveling in and out the US for the past 19 years and I didn't save all the plane stubs. I believe we only have some of the US entries (not exit) stamps on our passports. Also we've renewed our passports once, so our passports only show the entries stamps for the past 3 years or so.
As far as I know they rely upon your passport and their own entry-exit records through Form I-94 system. This situation is common and can be corrected by supplying affidavits from applicants along with any other evidence you may have.
I am on an H1B Visa and my wife is on H4. She is about to finish her nursing school. My I140 is pending along with both our 485's. My question is.. if my wife finds an employer who is willing to file an I140 for her can we use my priority date and the already applied I485's to get the green card? My priority date is sept 2001. EB3.
Your wife cannot transfer your priority date to her case.
I came to US on F1 visa in dec 2003. I have completed my bachelors in 2009.I got an OPT for 1 year. Meanwhile, I got married to a Green card holder as well as I got an admission in master programe to maintain my F1 status. Now my master is going to finish in May 2011 and my wife will be US citizen in December 2011. I was thinking to file I-30 only right now. Once she become a citizen then I would file for AOS. What if I file I-30 will I be able to recieve OPT after my graduation?. Or just wait until she becomes a citizen?
I would recommend filing I-130 when she gets her naturalization.
We were recently retained at the I-140 Appeal stage for an I-140 denied on grounds of fraud/willful misrepresentation. USCIS denied the I-140 citing inconsistencies between the ETA 9089 job requirements, the advertisements, and a subsequent letter sent by petitioner with an RFE pertaining to the job requirements. Due to what USCIS termed as "material inconsistencies," the I-140 was denied on the grounds that the labor certification submitted was gained through fraud or willful misrepresentation of a material fact.
Casa Quivira Cases: DOS issued an alert on December 28, 2009 informing that the Office of the Solicitor General's (PGN's) appeal of the 2009 decision determining the adoptability of the children taken into custody from Casa Quivira was upheld by the appeals court. Note, these children include those who are already residing in the U.S.
We really appreciate the help of their office in immigration matters. Very professional and updated information. Especially Anna and Fran in H1B cases and Heather in Green Card Cases. Kudos!