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I won't give legal advice on this thread, but I'll talk about general principles of US immigration law. Talking about my practice area keeps me sharp, and randoms are usually bored to tears by the subject. [I tagged the thread 'sluts' because sluts are my friends.]
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Aug 14, 2012 20:17
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Ashcans posted:There are a handful of things that can get your case rejected (including a dumbass in the mailroom Totally forgot about this thread - must have unchecked it. Confirm all of this. Also, it's unlikely you'll be called in for an interview to remove conditions on your lawful permanent resident status.
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Jan 26, 2015 03:01
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) but if they have cashed your check that means they have accepted it. For future reference (and anyone following along at home) you can actually pull a copy of the cashed check from your bank and get the receipt number of your case off the back, if you need super-fast confirmation and can't wait for the receipt to arrive.
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JFairfax posted:Is there any way of transitioning from an E1 or E2 visa to green card status? State Department says E visas are not dual-intent, although USCIS says they are dual-intent. You can usually extend E status inside the US if there is an approvable immigrant visa petition pending. This would most likely be through marriage, although if you're looking to go all-in with an EB-5 (at least $500,000 investment, usually $1 million and jobs created for a green card), that might be possible too.
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Jan 26, 2015 03:07
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SeventhUncle posted:Any advice on finding an emigration lawyer? I'm an Austrian citizen living in the US with a green card. My wife is a natural born US citizen and our kids are dual citizens. I want to get dual citizenship as well. First, I am not an Austrian lawyer, and cannot offer any advice or opinion as to Austrian law. Wikipedia, which is most definitely not an Austrian lawyer, has the following (with citations - the most useful feature to Wikipedia): http://en.wikipedia.org/wiki/Austrian_nationality_law#Loss_of_Austrian_citizenship Like so many issues in nationality law, it appears the answer is "it depends." Practical application is often very different than the letter of the law. Obviously, you'd need to consult an Austrian lawyer to get clear guidance on this. From the US side, part of the oath of citizenship is renouncing foreign allegiances, but in practice this is never investigated. I've naturalized several Mexican nationals in the US. Mexico does not recognize renunciation of US citizenship, but this has no effect on naturalization in the US. Mexicans (or, e.g., Turkish or Iranian nationals) who naturalize in the US become dual citizens, and remain subject to obligations of their citizenship of birth.
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Jan 30, 2015 15:30
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US-Austria Chamber of Commerce would be a good place to ask around too.
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Jan 30, 2015 15:49
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quote:If you are married, she can file an I-130 petition on your behalf. If you are in the US, this can be concurrently filed with an I-485 (green card application) that allows you to stay in the US while the whole thing is pending. Otherwise it needs to be processed at the consulate, and you may have issues entering the US until that process is complete. In general, filing the I-485 is preferable for allowing you to stay together. - Also, bear in mind that though this process, the US petitioner will have to execute an Affidavit of Support. In theory, this is a contract with the US government to support the alien for ten years, even if the marriage falls apart in the meantime. In practice, I've never seen it happen, although this doesn't mean it isn't a possibility. quote:I can't recommend anyone there, but I would suggest you call the city/state bar association and get a reference. Alternatively, if you know any other lawyers at all, ask them for a reference - a reference is really great, because lawyers hate to give people lovely references because they reflect poorly on you. I don't know if you have any contact with any US attorneys, but if not try the bar association. AILA has a referral service with several search parameters, including practice area in location. AILA membership is not necessarily a guarantee that you'll find a great one, but I would not hire a lawyer for anything immigration related who is not an AILA member. quote:Oh, if your girlfriend is in university, she can also contact the International Students and Scholars Office - they will often have a list of immigration attorneys they refer students/staff to that is at least somewhat vetted. This varies at schools, but is always a good place to start.
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Feb 12, 2015 20:42
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Ashcans posted:Unfortunately there are definitely individual officers who are assholes - this is much more likely to manifest in an interview situation because most officers have the sense not to put 'prove this child is yours' in writing and mail it to someone. There was someone who was busted some years ago for trying to pressure applicants into having sex with him and implying he'd kill their petitions if he didn't, but turns out that didn't work in his favor (I think, fingers crossed). I've sat in on quite a few I-130 interviews, and USCIS officers have always been quite mild. Standard questions about how many windows in the bedroom, bedsheets, shower door or curtain, but nothing too intimate. The obnoxious officers probably tone it down when there's an attorney present.
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Apr 26, 2015 01:29
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SuperiorColliculus posted:Speaking of the H-1B situation for PhDs, what exactly *are* the odds of succesfully adjusting to EB-1 or EB-2-NIW? I realise this is going to vary very much on a case-by-case basis, but I mean in general is it a done thing, or is it next to impossible? Are you Indian on mainland Chinese? Is your J-1 subject to the two-year rule? (It should say on the visa.)
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Jun 10, 2015 02:43
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SuperiorColliculus posted:No, and no. I'm from an English-as-first language country and am Caucasian. I realize that precise odds are impossible, but I was just wondering about the ballpark. My current plan is to get a faculty job on H-1B and petition for a labor-tested EB-2, but I wonder about the alternatives if that plan goes sideways. First, keep in mind that if current patterns hold, you'll have a one in three chance for an H-1B filed on your behalf next April 1. The number of visas available doesn't come close to meeting the number of approvable petitions. Second, like H-1Bs, you don't file EB-2 petitions; your employer does. If you get an H-1B, you'll have six years on that. Finally, I can't begin to assess the approvability of visa petitions without a consultation. Sorry. It would be professionally irresponsible. I asked if you were Indian or Chinese because there is a serious NIW backlog for them.
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Jun 10, 2015 21:55
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SuperiorColliculus posted:Aren't higher ed institutions cap exempt? Yes they are. I overlooked that - my mistake.
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Jun 10, 2015 23:42
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Kwagga posted:Hello thread. I'm an Indian citizen married to a US citizen and we both currently live in France. We are intending to move to the US in the next 6-12 months. I've filed an I-130 petition which has now been accepted. I'm assuming the next step is waiting for a letter in a mail to make a biometrics appointment and eventually an interview for the green card. That part's all clear. You won't be scheduled for biometrics until you file an I-485. The I-130 isn't an application for an immigrant visa - it just gets you recognized as your spouse's next of kin.
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Jul 5, 2015 17:04
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Kwagga posted:An I-485 is for an Adjustment of Status. I am doing consular processing as I am outside of the United States. There is nothing in any of the procedures that I've read that say I need an I-485. Can you point me to other information if you have it? Ah, I see. Good thing I'm not working today. It's been a while since I've done an IV with consular process, but I think you'll need to fill out a DS-261, your spouse will need to complete an Affidavit of Support, and then your immigrant visa application with DS-260 (online). Wait for Ashcans to confirm this. Have you heard from National Visa Center yet? Are you planning on going through US Embassy-Paris? I've never done a third-country national immigrant visa with them, but they have adjudicated third-country national E-2s for my clients (and are way friendlier than London).
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Jul 5, 2015 18:04
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Cuatal posted:Pretty soon here my wife and I will have been married for three years and we've been in the states since 10/06/2013. She has had her green card since 08/12/2014. We own a house with no debt and she has a car with no debt and she's going to school, in case any of this is relevant to our question. I'm also a U.S. citizen by birth. She can file her N-400 90 days before three years elapse with the green card: 5/12/17.
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Sep 29, 2015 02:16
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Tony Homo posted:If someone is in the United States and gets a misdemeanor DUI but completes all the required things is it more difficult to get your papers? The person has been married to a US citizen for over 12 years with no arrests other than that and has been in the US since a child at age 11. You need to provide more information. What is the alien's immigration status now? If no status, how did the alien arrive in the US? With a valid visa, or sneaking across the border? What do you mean by 'papers'?
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Sep 30, 2015 00:49
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Pig Head posted:He has permanent residency, not citizenship. I'm still learning the ins and outs of all of this stuff but I do think permanent residency can be revoked. I wish my boyfriend's family would be more proactive and realize what a lovely situation this puts him/us in. And I wish we could get him on a plane for him to spend time at home but the last time he did that, the brother stayed in Bosnia for about 6 mos and came back, only to be in jail again a few weeks later. The brother is incapable of making decisions about his life so I'm really thinking now that the family has to step up and help. Thanks for the replies! You won't find an immigration attorney who will work with you on this, as it raises all kinds of ethical issues. If he's not an aggravated felon or been convicted of crimes involving moral turpitude (a term of art in immigration law), ICE probably won't serve him a notice to appear to get him in removal proceedings. Keep in mind too that someone who has been removed from the US very rarely will have an opportunity to return. Removal is way too blunt a tool for what you are looking to achieve here.
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Oct 6, 2015 21:32
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Signor posted:Hello thread Once you have LPR status (are a green card holder, in other words), you can work anywhere you want. You'll probably be looking at the EB-1C process.
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Oct 12, 2015 17:39
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JFairfax posted:so I should be getting an E1 visa in a few weeks, I am currently not married but if I was to subsequently marry a non-US citizen could I petition for a spousal visa at a later date? Yes, spouses of E-1 holders get derivative benefits, including eligibility for an EAD (work permit).
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Oct 14, 2015 23:18
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Groda posted:Why do I have US passport stamp from Vancouver? US Customs and Border Protection has preclearance in several Canadian airports such as Vancouver, along with a few others like Nassau and Abu Dhabi and Shannon. They admit you into the US at these airports.
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Nov 16, 2015 04:06
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PRADA SLUT posted:Has anyone heard of USCIS requiring 300% income above the poverty line for the Adjustment of Status? This becomes more diplomacy than law. As you already knew, and ashcans reaffirmed, you need 125%, not 300%, of the federal poverty income for your I-864. USCIS adjudicators often get it wrong on matters of law. When this happens, your trick is to correct them without pwning them. Cite INA sec. 213A, and the most recent federal poverty guidelines for a family of two, while being gentle about it.
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Mar 24, 2016 20:40
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