Does my husband has to wait the whole 10 years before he can come back to the United States? He already has been out of the United States for six years in Mexico. We need him home. Is there any way I can get him back to the USA? He left in February of 2004.
In answering your question, I am assuming that your husband was deported for being in the U.S. illegally or engaging in a serious criminal activity. There is no way to get the 10 year ban lifted. He must await the expiration of the 10 years and then re-apply.
I have been here for almost a year an a half an I would like to apply for asylum! If not granted asylum would I be deported? I can be persecuted in my country because of m religious and political beliefs!
You must apply for asylum within one year of the date of your last arrival in the United States, unless you can show:
- Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing
- You filed within a reasonable amount of time given those circumstances.
Since you are currently in the U.S., and you can make the case for changed circumstances that explains your failure to file within a year of your arrival, you may apply for asylum. Because you are not in deportation (removal) proceedings, you will file your application for asylum by mail at a USCIS regional service center. The form that you must file is Form I-589. It will be reviewed to see if there is any legal reason why your application should be denied—you may have a serious criminal conviction or there is evidence that you have persecuted others. If there is such evidence, you will quickly find yourself in deportation (removal) proceedings. If you pass this initial review, a biometrics appointment will be scheduled so that your fingerprints can be taken. Your fingerprints will be used to search for criminal and immigration records.
Assuming you pass this second review, an interview will be scheduled so that you can describe the persecution that you experienced, or the reasons that you think that you will be persecuted if you return to your home country. You have not told us how you happen to be in the U.S. If you are here lawfully on a valid visa, you may be allowed to stay until you visa expires. If your application for asylum is denied, the more common result is to receive a Notice to Appear, which is the first step in the deportation process. Requesting asylum can be a complicated issue, particularly depending on the country from which you are coming. I would recommend that you seek the services of a competent lawyer before seeking asylum. If you have more questions, you can email me at firstname.lastname@example.org.
Can your application for Naturalization to become a U.S. citizen be denied if you owe back taxes?
Yes, you can be denied citizenship for not paying back taxes. You can obtain citizenship if you file the back tax return and enter into a payment arrangement with the IRS. According to the Document Checklist (Form M-477, page 2) for the Naturalization Application:
If you have any federal, state or local taxes that are overdue, send:
- A signed agreement from the IRS or state or local tax office showing that you have filed a tax return and arranged to pay the taxes you owe; and
- Documentation from the IRS or state or local tax office showing the current status of your repayment program.
NOTE: You may obtain copies of tax documents and tax information by contacting your local IRS offices, using the Blue Pages of your telephone directory, or through its website at http://www.irs.gov.
As an Athletic Trainer Certified (ATC) can I get a visa from the actual L2 that I have right now? What will be the steps?
What type of visa do you want? There are basically two types of visas for which you can apply. There are nonimmigrant visas, which come with a right to work or study, and immigrant visas, which allows you to establish permanent residence in the U.S. and obtain a green card.
For nonimmigrant visas, you must have a U.S. employer. Given your occupation and citizenship, there are two visas for which you may be eligible: H-1B and TN. To qualify for these visas, in addition to having a job offer from a U.S. employer, you must have a bachelor’s degree or substantial on-the-job experience that is equivalent to the degree. For specialized occupations like yours, USCIS looks for at least three years of specialized training.
Since you are a Canadian resident, you could also seek a TN non-immigrnat visa. Since you are already in the U.S., you coud seek to adjust your status. Your employer must apply to the USCIS on Form I-129. You must provide the following: evidence of Canadian citizenship (passport, birth certificate, or citizen identification card); a job offer letter that describes the job that you will have, including daily job duties; and evidence of your qualifications to do the work (degrees, licenses, certificates, etc.).
Since you already have an L-2 visa, you could also seek to adjust your status to that a permanent resident. You must fall into one of the eligible categories: spouse or sibling of a U.S. citizen; spouse of a permanent legal resident; winner of the diversity lottery, etc. For a complete list, go to http://www.uscis.gov/files/form/i-485instr.pdf.
I hope this helps. God bless you.
My wife got an L-1B visa recently. I did not apply for L-2 at that time, as I wanted to stay back. Our plans have now changed and I wish to travel with her as a dependent. She would most probably travel to US in Sept ’10. Can I apply for a L-2 visa before she leaves for the US? (The question is arising because I read somewhere that a copy the L-1 holder’s i-94 is one of the docs that needs to be submitted while applying for L-2)
You may apply for an L-2 before she leaves but you are not likely to get your L-2 visa approved before she leaves. By law, you are supposed to receive your L-2 Employment Authorization within 90 days. Depending on the country in which you file, the wait can be much longer.
To apply for an L-2 visa, I do not see a requirement that you submit a copy of your spouse’s I-94. You will need to supply, along with the applicable filing fees, the following documents at the US Embassy that serves your country:
- Completed visa application: Form DS-156
- Original and valid passport
- 2 recent color photographs that are 2” x 2” and full-face view
- A copy of your marriage certificate
- Several (at least 4) pictures at your wedding that clearly identify you and your spouse
- A copy of your spouse’s L-1 approval
- A copy of your spouse’s employment verification letter
I hope this helps.
Both my father (73 ys old) and I are US citizens. My sister is in Ukraine. Would it be better for me or my dad to petition her?
I see that going through my dad is first preference and I am fourth. Is it true that through my dad she could come while her case is pending? Our concern is our father’s health. What would happen if he petitions for her and, she comes here, but before she gets her green card, he passes away?
How old is your sister? If she is under 21 then your father can petition for her as an immediate relative. Otherwise, you are quite right, petitioning through your father is first preference and you are fourth preference. Is your sister married? If she is married, she no longer qualifies as an “Unmarried Son or Daughter of a U.S. Citizen” and becomes a “Married Son or Daughter of a U.S. Citizen.” This change in categories may result in a significant delay in her immigrant visa becoming available.
The best strategy in your sister’s case is for BOTH of you to file I-130s sponsoring her. There is nothing that prevents joint sponsors from filing visa petitions for her and it ensures that, in the event of someone’s death, she does not lose her place in a line.
There is a huge disparity in the waiting times for first and fourth preferences. The waiting time for first preference is about 5 years and fourth preference is about ten years. If you sister marries, she converts to third preference and the wait is eight years. You can check on the average waiting times here: http://www.travel.state.gov/visa/bulletin/bulletin_5092.html
Also, the Family Sponsor Immigration Act does have provisions which permit a substitute sponsor to take the place of the decedent as sponsor. The Act, however, requires a showing of hardship and it is not something that I would want to rely on in being able to substitute you for your father.
Application to Replace Permanent Resident Card
My current green card shows my maiden name but I want to change that to my married name. In part 1 under Family Name do I put my maiden name or my married name?
You put your new married name under the family name. Lines 2 and 3 will explain your new marriage. On line 2, select yes. On line 3, enter your old name, just the way it appeared on your last green card. You must submit a copy of your marriage certificate. For more information, see http://www.uscis.gov/files/form/i-90instr.pdf .
I’ve had my green card for over 20 years and its about to expire in September 2010. Should I renew it, or can I file to become a US citizen and wait and not renew it? And, can I hire lawyer to speed the process, since my green card is about to expire?
The naturalization application, Form N-400, takes about 5 months to process, whether you use a lawyer or not. Using a competent lawyer will usually ensure that there are not any procedural delays because of an incomplete or incorrectly completed application. If you can afford an immigration attorney, I would use one.
Interestingly, it may even longer to renew your green card. You will not lose your permanent resident status if you do not renew your green card. You will need to renew your expiring green card, however, to maintain evidence of your permanent resident status and avoid possible difficulties in obtaining employment, benefits and re-entry into the United States after traveling abroad.
The good news is that, when you apply to renew your green card in person, if you bring your current passport (or an additional passport photograph if you don’t have a passport) a temporary document (a stamped Form I-94 with photograph) can be created and issued to you immediately. This document serves a proof of your status for one year.
In sum, you will have to renew your green card either way. Start now!
God bless you.
My nephews are derivative beneficiaries of an I-130 I filed for my brother. Visas have become available for them. They all have been here since Dec 6, 2000. My brother is now married to a US citizen. My nephews are now 19 and 20, can they adjust their status from the previous I-130 or do they have to wait for my brother to be able to petition them?
If the visa becomes available while the nephews are unmarried and under 21, they qualify for the visas. What happened to your brother? Did he obtain his permanent residency through his US spouse or through you? His US spouse can only apply for permanent residency for his sons ( your nephews) as immediate relatives if your brother married before your nephews’ 18th birthday.
Would anxiety and having phobias be considered mental illness?
It depends on the severity. The grounds for inadmissibility involves persons with physical or mental disorders that threaten their own safety or the property, welfare, or safety of others. If your anxieties and phobias are not dangerous and will not harm yourself or others, I wouldn’t worry about it. Also, there are waivers available based on the nature of the disorder. If there is more behind your question, please elaborate your specific concerns.
I have been living in the United States since I was 8 yrs old. I’m now 30 and married to a United States citizen. How can I become a United States citizen?
Becoming a US citizen is a two step process. First, you must get a green card. Since your spouse is a US citizen, you are an immediate relative and the process is relatively easy. Your spouse files an I-130. You can find a copy of the form and detailed instructions at www.uscis.gov. If you have been married for less than two years at the time your sdpouse files the I-130 visa petition, the green card will be issued conditionally. These conditional green cards only last 2 years. After two years, you must apply to have the condition removed.
Second, once you have your green cardfor 3 years, you can then apply to become a US citizen. The process is called “naturalization.” To be eligible for naturalization you must:
- Be 18 or older
- Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
- Have lived with your U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
- Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
- Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
- Reside continuously within the United States from the date of application for naturalization until the time of naturalization
- Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
- Be able to read, write, and speak English and, through a test, demonstrate knowledge and an understanding of U.S. history and government (civics)
- Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law
That’s basically the process. There are also different requirements if your spouse works for the US government abroad.
What do I, a U.S citizen have to provide for my relative (in India) to obtain a tourist visa? It looks like Consulate doesn’t want anything? Their website specifically states that they will not look at affidavits, financial information, letters of support etc, so why do people provide those, if the Consulate does not look at them?
Your relative should seek a B-2 visa, which is used for tourists and those seeking medical treatment in the US. Your relative must convince the consulate that once he arrives in the US that he will not seek employment or go on public welfare. That is where you can help. You can sign an I-134, Affidavit of Support, which tells the US Government that you can support your relative while he is in the US. Also, you can send a letter to your relative, confirming that he can stay with you for as long as he is in the US. These two items, the invitation letter and the Form I-134, should be included your relative’s visa application.
I am very surprised that the consulate does not want affidavits of support. Can you give me a link to the website on which you read that?
My I-130 petition was approved and I am waiting for my visa #. My current student status is about to expire. Do I have to leave US? My I-130 is as unmarried child of a permanent resident filed in 2005.
Having an approved I-130 does not give you a right to live in the Unites States. After having your I-130 approved, you must apply to adjust your status, i.e. get a green card. Since you are already in the U.S., you can adjust your status only if you are in the U.S. legally—on an unexpired visa.
If you are an immediate relative–that is, you are unmarried, under 21 and a child of at least one American citizen—you do not have to worry whether your visa has expired. As long as you entered the U.S. legally, you can apply to have your status adjusted. If you are not an immediate relative, you must file for your adjustment of status before your visa expires.
You stated in your question that your Form I-130 has been approved and that you are “waiting for a visa #”. Does that mean that you have already filed to adjust your status? If that is so, that’s great! That means that you sought to change your status while on a current visa. Otherwise, you need to apply to adjust your status. If your Priority Date ( the date on which you can apply for a green card) has not yet come up and your F-1 visa is about to expire, you should consult an immigration lawyer immediately- telling him or her your specific facts. When your F-1 visa expires; copy of your I-797 Approval Notice; etc.
I heard that the new immigration law says that you do not have to be interviewed to renew your F1 visa. How does it work? And, how can I renew my F1 visa?
I am not aware of a change in the immigration law that would allow you to skip the F-1 visa renewal interview. You may be confusing two different renewals. There is something called automatic visa revalidation. Automatic visa revalidation allows most F-1 students to take a trip of less than thirty days to countries contiguous to the United States and reenter on an expired visa provided you have proper documentation and have not applied for a new visa during the visit. This process revalidates your visa (making it eligible for the single trip back to the United States), but does not renew it.
If your F-1 visa has expired or is about to expire, there is no need to worry. You can stay in the U.S. with an expired F-1 visa as long as you are student in good standing and have not violated the terms of your status.
There are some good reasons to renew an expired F-1 visa. For example, you may want or need to travel outside the United States. You cannot re-enter the United States on an expired visa (except in the limited automatic visa revalidation manner discussed above.) Also, if you entered the United States under a different visa status and changed your visa status to F-1 while in the United States – you will also need to apply for an F-1 visa if you leave the U.S.
You cannot renew an F-1 visa while in the United States. You must do so at a United States embassy or consulate. Although the Department of State encourages you to apply in your home country, you may apply at another U.S. embassy or consulate. Before you travel to an embassy or consulate that is not in your home country, contact that embassy or consulate and confirm the procedures for renewing your F-1 visa. Inform them of your country of citizenship, and ask them whether they will accept and consider your application and approximately how long it will take for the visa to be issued, if approved.
It may be more difficult to obtain a visa from a U.S. Consulate which is not located in your country of citizenship or lawful permanent residence. You cannot re-enter the U.S. until your visa renewal is approved. If the visa is denied, you will not be able to return to the United States as a student.
Click here to find out how long it will take to get a visa application appointment at a U.S. Consulate.
If you are going to leave the country to renew your F-1 visa, there are some steps you need to take before you leave.
- SEVIS I-20 – Check the front of your I-20 to make sure your major, and source of funding are correct. If you need a new I-20 you will need to provide updated proof of financial support.
- PASSPORT – If traveling outside the U.S. your passport must be valid at least 6 months into the future upon your return to the U.S. Passport may be renewed at your country’s embassy in the United States, or in your home country.
- LETTER FROM YOUR FOREIGN STUDENT ADVISOR – A letter from your international student advisor certifying that you are an international student at your school and are maintaining status.
- TRANSCRIPT – Bring a copy of your transcript to prove that you have been maintaining your status and making academic progress. Also, bring with you a copy of your current semester schedule, with proof from the your financial office that you have paid your bill.
- FINANCIAL DOCUMENTATION –Updated documented proof of financial support from the sponsor that appears on your I-20, particularly if the documentation is from more than a year ago.
You should start the visa process as soon as possible upon your arrival back in your home country or the country in which you will apply for the renewal. Keep in mind that the holiday periods (Christmas/New Year) and summer vacation are very busy times at visa issuing posts. In addition, security checks on visa applicants may further delay the issuance of visas.
I hope this helps.
I have a question. I’m in H4 visa status now. Can I work outside USA? May be in London, India or anywhere in the world except USA?
If that’s not the case, can I work for for-profit organization for FREE?
The H-4 visa is issued to accompanying family members (spouse and children under the age of 21) of H-1 and H-3 visa holders. The H4 visa holders may reside in the United States as long as the H visa holders maintain their legal status. Under the rules of the H-4 visa, you cannot be employed while in the U.S. You can do volunteer work while in the U.S., provided that it is clearly not an employer-employee relationship and the work is not done in anticipation that you will be hired in the future based upon your current work. To cover yourself, get a letter from the company or organization confirming your volunteer status.
Under an H-4 visa there are no travel restrictions. So, if you wanted to travel to London or India you could. But, since you are a temporary resident of the US, any money that you earned there, even on a very short-term basis, could be considered income for US purposes, thereby violating the restrictions on the H-4 visa. You could volunteer overseas under the same arrangement that I mentioned earlier–getting a letter confirming your volunteer status.
Does this answer your question?