Sponsoring both my parents
I am trying to sponsor both of my parents that currently live in Mexico. Do I have to pay 2 filing fees and do two separate applications?
Yes, you will need to file 2 applications and pay twice
I am trying to sponsor both of my parents that currently live in Mexico. Do I have to pay 2 filing fees and do two separate applications?
Yes, you will need to file 2 applications and pay twice
USCIS Processing Times as of February 17th, 2010.
AAO Processing Times as of March 01, 2010.
The Office of Foreign Labor Certification and the Wage and Hour Division have conducted 3 public briefings to advise stakeholders of the contents of the new H-2A Final Rule, which will be effective March 15, 2010. For the materials used in the briefings, click here.
1. I am a GC holder for a year. I got married in dec of 2008 to a foriegn national and need to know when to file the I-130 for my wife. I do not have any tax returns as yet since i did not gain employement till 2009. I need to know the best way to tackle getting my wife over. If i send the I-130 in how soon will i need to provide financial documents like tax returns and other statements of support. Or will it be ideal for me to hold on till i have at least one years tax return as i would prefer not to be the cause of any processing delays.
2.As a follow up to the question 1, as advised by you I have gone ahead and submitted forms I-130/G-325A. The check for the applications has been cashed, but I would like to know what the next step is or how best to follow up on this.
1. I think you should file ASAP. You can get a co-sponsor and show all other assets you have.
2. For basic information call the USCIS customer service. Your local Congressman can help in the follow up.
I have a Bachelors degree and a Masters degree from the US. My EAD from my masters degree recently expired and the 60 days is almost up. I dont want to go back to school or go back to my home country. If i do find an employer willing to file for a green card based on EB2, will have to go back to school to maintain my status while the green card is in process or will my status change once the paper work is turned in?
This is a common misunderstanding. Starting a PERM-based green card does not give you the right to stay in USA.
On April of 1997 my dad as a citizen put in application for my sisters and I and we were accepted the same year on July 1997 but we have not heard anything else after the last correspondense we recieved in 2001. just wondering why it has taken so long for our green card to arrive or any notice what we are to wait any longer and how much longer. Can you please let me know what we should do?
There are too many unknowns in your situation for me to be able to answer. First, you need to check and see if your priority date (the date your I-130 was filed) is current. You do that by reviewing the most recent Visa Bulletin - http://www.immigration.com/visa-bulletin. If your PD is current, then you can start checking with the govt.
I got married in November 2008 and my husband received his green card through our marriage (I am a US citizen) After a few months our marriage didn't work out and we are thinking about a divorce. Can he loose his green card if we get divorced?
The rule is, if the marriage was entered into in good faith, the condition on the green card should be removed even if the marriage fell apart.
U.S. Citizenship and Immigration Services (USCIS) announced an addition to the recently posted filing instructions for the Application for Action on an Approved Application or Petition, Form I-824. The revised instructions include a note in the “Where to File” section, to clarify that applicants who are filing Form I-824 concurrently with another form, should mail their applications according to the filing instructions on the other form.
In your knowledge, how long does it usually take to obtain a green card (through dual intent)with an L1B visa?
The time taken for L-1B holder who applies through PERM is the same as for anyone else from the country you were born in. No special case here, unless yo convert to L-1A and go through EB-1.
My fiance came as k-1 and we got married within the 90 days but didn't file for AOS untile a few days before his I-94 expired? What will happen? will they still accept the application or what will we have to do next?
I think you will be fine. As I recall, the law only requires you to get married within 90 days. But confirm this information and do check with a lawyer as to whether you may travel or not while AOS is pending. This could be the only issue I can think of.
I am currently in the US under the VWP which expires March 15. I was about to apply for a marriage-based GC but I just found out that I am subject to 2-years HRR. I applied for a waiver (no objection). A lawyer told me today that I should still file the I-485 and just leave the question "subject to" blank or check "yes" and add "waiver pending". Is that going to work? I don't want to overstay the VWP. How many days does it usually take to find out that I-485 submission got accepted and I can legally overstay the VWP?
To the best of my knowledge that information is incorrect. You can file AOS only after the waiver is approved.
Currently My I-485 is pending and I-140 is approved last Year (2009) january My PD 05/29/2007. I am working using my EAD and change my job last year I don't have my H1B. I filed my I-485 as single, but I will get married to my Girlfriend (Germany). She come here Last November with waiver visa (stay up 90days),
Now she is thinking to come back using F1 visa a students instead re-entry using waiver visa which she can't change her status anyway). If I get married, can I put her name under my petition (file I-485 for her) ? and apply EAD also with her Travel documents ?
If your priority date is current, you can file her AOS as long as she is legally in the US. I just have an issue with using F-1 visa to accomplish this purpose. Please consult with a lawyer about the details.
U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.
The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap.
I am currently a GC holder and have resided in the US for 30 month out of 5 years. I will be eligible to file my Citizenship (N400) paperwork next month. Once I have filed my application for Citizenship, can I leave the US and travel to Canada to visit my daughter? I was planning to be out of the US in Canada for 3 months. Will it be ok or me to leave the US once I have filed my application or Citizenship? or should wait to file upon return back from Canada?. Do I need to live continuously in the US while my application for Citizenship is in process?
Temporary absence of three months while your citizenship application is pending should not pose a problem as long as you remain a permanent resident of USA.
My husband used to have visa O for 2 or 3 years, and we decide to come back to Mexico in 2001, now we want to come back to USA, could you renovate this visa or is easy apply for new different visa? He has a BA in Spanish Literature and I have BA in psychology, we have one eighteen and one 15 years old sons and 1 year old baby girl, and we live in Canada right now.
You will need to have the employer apply for a new O-1 petition with USCIS.
The U.S. Department of Labor announced that approximately 3,000 workers from companies in 17 states — Alabama, Arkansas, Connecticut, Georgia, Illinois, Indiana, Kentucky, Maine, Michigan, New Mexico, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas and Virginia — are eligible to apply for Trade Adjustment Assistance (TAA).
I am an American with all my documents and I am trying to get my husband his green card, the thing is, he is already an alien of the U.S. that did not enter with a visa is there a specific form that I would have to address in these conditions.
You need to talk with a lawyer. If someone enters USA illegally (EWI), generally they are barred from adjustment of status (AOS).
I recently got married and my wife is in F1 and has completed her MBA in december and is on CPT till Feb 2010. So whats the best way to get her status changed/adjusted.I am from Nepal and so if I go about filing I 130 how long does it take and can I file simultaneously AOS or not. If AOS is approved can she stay till I 130 get approved.Or I cant file AOS till I 130 approved
If you are a US citizen, there is no problem. You apply for her AOS simultaneously. If you are a green card holder, you cannot file AOS until the priority date is current and she cannot stay in USA based upon your application. She should probably think of H-1.
My grandmother and my auntie are US citizens, I would like to know how to get a tourist visa to visit there in US califonia? can I know the requirements or how much I need to spend?
Just contact the US consulate closest to where you live to find out the formalities and fees. Basically, you need to file a visa application and interview with the consulate. They will tell you what to bring with you.
I have applied perm under the category EB-3 on Dec-2008 and got a audit on June 2009 and replied the query in june 2009 itself.
I have 2 questions here:
1) Can I know the application status .Do i get any file number or something to check my status of this perm application applied under EB-3 category?
2) Requesting you to let me know the probable completion date of my PERM?
PERM times are on our web site. You cannot check the progress of the case, except through your employer. If they filed electronically, the application status should show where things are in terms of: pending, denied, approved only.
I am an American citizen. My parents received their 1 year multiple B-2 visa in Aug-09 and they came to live with me in Sep-09. I applied for I-130 for my mother in Oct-09. I received my mom's I-130 approval notice in Feb-10. And my parents are still in the States with me now. They were granted 6 months stay till Mar-10. My questions are:
1. Can my mom stay in the States beyond March and file I-485 status ajustment? Or should she go back to her home country and wait to be interview at the consulate?
2. I haven't applied I-130 for my dad. Can I file a B-2 visa extension for my dad and can he legally stay in the States after Mar-10 until the B-2 visa extension is granted or denied by Immigration? What form should I use for B-2 visa extension? Approximately how long does it take Homeland Security Immigration to grant or deny a B-2 visa extension case?
1. From what you have described, I see no reason why you cannot file for their I-485 and have them stay.
2. He can legally stay in USA as long as USCIS receives the extension request (Form I-539)before the expiration of his current status. He can stay till the request is decided or till the time for which the extension has been requested, whichever comes first. It can take several months for the application to be decided.
Are E - 3D visa holders allowed to work as freelancers?
To the best of my knowledge - no. You need an employer.
According to DOL updates as of 1/31/2010, they are working on PERM application filed in the following months:
Analyst Review: April 2009
Audits: December 2007
Standard Appeals: September 2007
Govt's Error Appeal: Current