Can I wait out the 3-year Bar and then reapply for tourist visa?

 You can wait outside the United States for three years and apply for a tourist visa when you want to come back. The consulate office must agree to give you a visitor’s visa. Demonstrate to the consulate office that you have every intention of going back home after your visit in order to convince the officer that […]

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Can I file a waiver of the 3-year Bar?

 If you are subject to the 3-year and 10-year bar, you are going to need to apply for a waiver.  You must have a qualifying relative that can demonstrate extreme hardship.  A qualifying relative for the waiver is a United States citizen or Green Card holder, spouse or parent.  There is no provision in the law […]

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How long can I stay out of the US without losing my Green Card?

 Once you have your Green Card, you should not stay out of the United States for more than six months at a time because you may interrupt your continuous presence in this country.  You will interrupt your continuous presence in this country if you stay out of the United States for more than one year at a […]

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How can I sponsor my spouse, children or parents as a Green Card holder?

 You are an immediate relative if you are sponsoring your parent, your spouse, or your child.  They are eligible to change status if they have entered the United States legally and you can demonstrate the means to support your family over the poverty level, even if they have stayed here illegally for numerous years. They would file for […]

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How can I apply for my children, if I have a Green Card?

If your children are here illegally, they probably won’t be able to get a Green Card.  If your children are living abroad and you have a Green Card, you can file an I-130 petition and they can come to the United States.  US Immigration allows a certain number of people to come into the United States […]

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What are the requirements to file an Adjustment of Status, if I am married to US citizen?

 Based on marriage, you need to show that you have legally entered the United States, the beneficiary, or the person has been covered under INA-245-I, meaning that they either filed a labor certification or some type of family-based petition before April 30, 2001.  You are going to have to demonstrate it is a real marriage.  The beneficiary, […]

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What will happen in my Adjustment of Status Interview?

 At the interview, the officer will ask you basic questions about your marital status or your relationship if it’s a family-based type of application. You also must have documentation to show you are living together and that the marriage is legitimate.  They are going to also want to make sure that the intending immigrant, the beneficiary, is admissible […]

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What documents are required at the adjustment of status interview?

They are going to want to see your original marriage certificate. If the case is based on marriage, they are going to want to see the original birth certificate of the beneficiary.  If you are filing for a Green Card based on marriage and your spouse is a United States citizen, original proof of citizenship is required. […]

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Can I work in the US while I my application for adjustment of status is pending?

Yes. When you file the adjustment of status application, you automatically file for employment authorization. Employment authorization will take approximately 75 to 90 days to be approved. You are not supposed to work prior to obtaining an employment authorization.  Yet there are approximately 11 million people in the United States working without authorization.  You should not work. […]

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What are the documents that I have to submit with the fiance petition?

A student visa allows an international student to go to school in the United States. They need to be accepted to a school that issues I-20s, which allows a student permission to enter the United States.  The student will have to go to the U.S. Consulate with the I-20 and show financial evidence of how they will […]

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How does my fiance obtain permanent resident status?

Once your fiancé has obtained their immigrant visa to come to the United States, their fiancé visa, you need to be married within 90 days of their entry.  Once you are married, you will have to file for an I-45 along with the financial and medical documentation.  Immigration will request an interview to make sure you are […]

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My fiance has a child, can the child come to the US with my fiance?

 If your fiancé has a child that you would like to bring to the United States as well, they both can come to the United States together, presuming that the child is under 21.  They would go into their interview at the Consulate and apply for a fiancé visa. The child is going to be issued a […]

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Can my fiance enter the US without a Visa to come here so we can get married?

 You may come to the United States for the purpose of getting married.  Most people require a Visa to enter the United States.  If you are from a country that does not require a Visa, you will need a passport to show that you are from that country to enter the United States.  If you are […]

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I entered the US on a fiance visa but we never got married, how can I stay in the US?

 If you come to the United States on a fiancé Visa and don’t marry your fiancé, you have very limited options to stay in the United States, even if you marry another U.S. citizen.  The K-1 visa is specifically permitting you to come into the United States to marry the K-1 petitioner. If you marry your fiancé […]

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What is a 601-A provisional waiver?

Provisional waivers are a way to alleviate families having to be separated for a long period of time, leaving the United States without knowing whether or not they can come back.  The provisional waiver allows you to go through the process inside the United States and get a decision on the waiver before you leave.  If the […]

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Can I apply for waiver if my US citizen sibling files for me?

 The only qualifying relative who is eligible to demonstrate extreme hardship when applying for a waiver is a U.S. citizen or lawful permanent resident, parent or spouse.  If your petition is based on a sibling petition and you have no other family in the United States, you are not going to be able to demonstrate extreme hardship. […]

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Can I remove my Green Card conditions if I am divorced from my US citizen ex-spouse?

 If you are divorced, yes, you certainly can go ahead with your 751.  Indicate on your I-751 that you were married in good faith, but the marriage has been terminated due to divorce or annulment.  You also have to demonstrate to immigration that although you are divorced, the married was entered into good faith.  If possible, add […]

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Do I lose my 2 year green Card if my US citizen husband leaves me before I file my I-751 petition?

You can still get your permanent green card.  You should file for divorce and notify that on your 751. Immigration will see an action for divorce and request an RFE, which requests evidence of a final divorce.  You must show that the marriage was legitimate.  You may be interviewed about the circumstances.

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If I granted a work permit, does it mean my application was approved?

The work permit, that is approved on the I-765 form, is just an interim benefit and does not guarantee your case is going to be approved.  This interim benefit presumes that, within the next year, your Green Card case will be resolved and approved.

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