Immigrant Daily

1. 30 Responses to “New Immigration Forum — Ask Immigration Questions and Get Your Answers!”

2. Hello. Well I wanted to ask a few question about how I can get my husbands immigrational stutus ‘fixed’ and to see if our current situation would benefit us. Im 18 yrs old, natural born citizen, still in school,plan to go to college this year and I don’t work. My husband is 24 and entered this country illegally from Mexico and is my only means of support. We’ve been married for 1 1/2 yrs and have no children.I have also just recently found out I’m diabetic. Would some of these situation help to speed up the process. How should I get started and how long should we expect to wait?

   By Priscella on Oct 7, 2007

3. Hi Priscella. This is a complicated, although not unusual situation. To be able to “fix” your husband’s status, he would have to get an “extreme hardship” waiver, because he was here illegally. Since he was here illegally for more than one year (I am basing this on what you wrote) then he is subject to a 10-year bar from being able to return to the U.S. once he leaves.

   So far you there are couple of options:
   1. If your husband has been here for 10 years or more, then you could file your I-130 and I-485 together. Your I-130 would probably be approved but your I-485 would be denied and your husband would be subject to a removal hearing. If your husband has been here for 10 years or more and has never committed a crime and paid taxes, then he could show this to the judge along with a proof of marriage and the judge would likely waive his entry without inspection status and let him get a Green Card.

   2. If your husband has been here for less than 10 years, then you guys could still file an I-130 and then wait until the I-130 is approved. (BTW…if they call you in for an interview for your I-130 be careful because this is unusual and could lead to a deportation for your husband.) Then just wait until your husband has been here for 10 years, and then file your I-485. Then the same thing as above would happen.

   3. Do nothing and wait until your husband has been here for 10 years and then follow step 1 or if the law changes and allows for amnesty then go through that procedure.

   4. You could also file your I-130 and I-485 now and then once you can try to get an extreme hardship waiver showing that your husband’s absence would cause extreme hardship to you. Your husband would have to leave the country to process this waiver. It is not guaranteed that he would get the waiver and he may be stuck outside of the country.

   The smartest thing you can do right now is to find a good immigration attorney near you who can help you. You can check out this website to find a good attorney near you — http://ailalawyer.com/.

   By admin on Oct 9, 2007

4. hi
   this is my first time in this forum,i won the dv and i went to interview last time
   the counsular told me to send him my dads evidence of fund
   becouse am a depent,i sent it for about two weeks now but still no any reply from them
   they still have my passport and all documents
   do i stand the chance of getting a visa?
   interview was in tokyo

   By samad on Oct 20, 2007

5. Hi,

   I am a British citizen, in the US legally on an F1 visa. I have been playing in a band here, just for fun, but now the guys want to go on tour and try to get a record deal. Is there any way I can leave school and change to some other visa which will enable me to remain in the band? And if a record label offered the band a contract, would they be able to sponsor me as an employee?

   By Charlotte on Oct 26, 2007

6. My self and my wife is having H1 & H4 for company X. My wife is in India and I transfer my H1 to new employer company Y in US. Does my wife can come to US with the H4 of old employer X or she has to get new stamping for company Y before entering to US?.

   By Manoj on Oct 31, 2007

7. She doesn’t need to make any changes to her H-4. Thus if she already has an H-4 visa stamped in her passport she should be fine traveling on that.

   By admin on Oct 31, 2007

8. Hello,

   I have a quick question. I have filed the I-130 about 2 years ago for my husband. After I filed it, it went to the embassy and then it was forward to the consulate in Ciudad Juarez. This is my question, we received a letter in the mail letting us know that the case had been approved but he has to attend to the last interview in Mexico. He needs to get some medical exams done and then go to the interview. People have told us that a waiver needs to be filed the day of his interview. Since he entered the country illegaly, he has a punishment of a year. He wont be allowed into the US until the year has passes. Is there a possible way we can shorten the wait period and have him come back sooner? Or even better, is there a way he doesnt have to stay at all?? BTW, he has been here for almost 10 years. He attended high school and college. Please help us.

   By ramdimples09 on Nov 6, 2007

9. I came to the US on K1 Visa (fiance visa) and have married an American citizen in September 2007.
   In November I have applied for Green Card (also called Updating Status to Permanent Resident).
   I have a 23 year old daughter in Ukraine. She is married and has a 2 year old son.
   I am trying to find the fastest legal way to bring my daughter, her husband and their son to the US permanently.
   Could someone let me know if this is possible and what are the steps to do it.
   Thanks a lot,
   Alla.

   By Alla on Nov 27, 2007

10. Since you are not a citizen, you will not be able to bring your married daughter to the United States using a family-based visa. Anyway this would take too long. There are two basic options for your daughter/her husband – they can either apply for a Diversity Visa lotter (http://travel.state.gov/visa/immigrants/types/types_1318.html), however please note: December 2 is the deadline this year!

    Or, they can try to find a way to get employment here in the United States. The fastest way to a green card would be to have a company file an employment-based petition for your daughter or her husband under the second preference category (needs to have a Master’s degree). Other ways would be to come to the U.S. on an F-1 student visa to study at a university or college and once finished try to get employment with an H-1B visa. These are just some ideas…

    By admin on Nov 28, 2007

11. Hello,

    We have our final appointment in Ciudad Juarez for my husband on the 2nd of January. Do you know how long does it take? I know they will ask him questions and we have to take supporting docs. How long does it take for them to complete the process that day? Thank you.

    By ramdimples09 on Nov 29, 2007

12. Hello am Dennis I was selected for the diversity visa 2008. i sent back all the filled forms back to kentucky but to my suprise a friend I shared my selection news with resorted to turnishing me in anticipation that they cancel my visa process by posting information and pictures accusing me falsely that I am a dating scammer and all my current contact information and pictures are included on that blog. I know there must be some name investigations about us and when you google my name Iam listed as a dating scammer… Will this influence the descision towards my visa process? I am worried by this malice if yes what steps can I take if its not too late yet?

    By Dennis on Dec 1, 2007

13. i just got married to a us citizen. I got to this country ilegally no visa no inspection. My mom was sponsored by her sister In 2001 before april 30 becouse of petition I-245 I was under 21 at that time and i was also on that petition. Can i apply for a green card and probably pay $1000 fine(i-245).Is this possible Some attorneys say i will and some say i want get it .It costs a lot of money Thank you

    By oskar on Dec 3, 2007

14. Hi, my name is christina and i am 18 years old. My mom filed a petition for my stepdad and stepbrothers immigration status to be ‘fixed’. Now they have been asked to leave to Cd. Juarez. How long does my dad and little brother need to be there? Is there any way that if he has to stay in Mexico, for him to come to my graduation?

    By Christina on Dec 4, 2007

15. halo there. any answer?

    By oskar on Dec 8, 2007

16. Hi Oskar: Here is what I found:

    Q2. What must I do to qualify for §245(i)?

    A. A person with a labor certification or a visa petition filed on their behalf on or before January 14, 1998 is qualified for the benefits of §245(i). Under the new law, a person who has a labor certification or visa petition filed on their behalf after January 14, 1998, but on or before April 30, 2001, is also qualified for the benefits of §245(i) but only if they were physically present in the U.S. on the date of enactment of the new law (December 21, 2000).

    So it appears that you could potentially qualify for the 245(i) provision, but only if you were in the country on December 21, 2000. Here is a good FAQ that may answer any other questions — http://www.shusterman.com/245i-faq.html. Seems to me that as long as you were here on December 21, 2000 you should be able to pay the fee and adjust status based on your marriage to a U.S. citizen.

    By admin on Dec 12, 2007

17. Hi Christina — I dont know enough about your situation to give you an answer. If you tell me what “petition” your mom filed, then I can answer you. I am assuming that your dad and brother were here “illegally,” if so how long were they here? How did they come to the United States? Did they overstay a visa or cross the border without inspection? From what you told me, my guess would be that they will not be able to come for your graduation, but tell me more info and I will let you know.

    By admin on Dec 12, 2007

18. Thank you very much for your answer I appreciate your help. You are doing great job. God bless you

    By oskar on Dec 12, 2007

19. Hi, my question is the following;
    i have been with my wife for 8 years married for almost 5 yrs and have 3 kids, she entered illegally and has been here for more than 10 yrs, we started the process and have stop because we have been told that she needs to go back to mexico and stay there for about 1 yr, is there anything that we can do for her to get her papers here?

    By Miguel on Dec 14, 2007

20. Hi, I just recently got married, I am a us citizen and my husband is from niger. I went to his country nov 2007 for the marriage. Now I am in the process of trying to get him home. What is the quickest way, aslo they state I need to send evidence of marriage, such as joint account, names of mortgages,. My question is how we are suppose to get anything in both of our names for proof. If he is one country and I in the us. So what thing can I send for proof of relationship. Met in 1994 briefly and have been communicating by phone and email since. Please help

    By mary on Dec 14, 2007

21. Hi Mary: There are few “quick ways” to get this done. Either way you will have to file the form I-130. After you get a receipt notice from USCIS, then you can file a petition for K-3 visa on form I-129K at the Missouri Service Center (check this)– make sure to read the instructions for this form (forms on uscis.gov. Once the K-3 visa is approved and the criminal record checks are completed the file will be forwarded to the consulate in Niger. That consulate will notify your spouse and send him further instructions. Then he will be able to get a visa to come to the U.S. while the I-130 application is being processed.

    To show bona fide marriage, you can provide almost anything that shows that you share resources with your husband and that you have a real spousal relationship. For example — wedding pictures, photo albums, letters, telephone bills showing your communication. copies of emails. Another thing you could do is to put your husband as the beneficiary of your life insurance policy.

    Anyway, good Luck.

    By admin on Dec 15, 2007

22. Hi Miguel: Are you a U.S. citizen, how about your kids? Let me know, and I will give you a more thorough answer tomorrow or Monday.

    By admin on Dec 15, 2007

23. Hi, my name is jen and I am a us citizen and I am now married to my husband who entered the country illegaly about 3 yrs ago we have a 5 month old son we been married for a month now what is the quickest way for him to obtain his green card, I was told that if and when we qualify he would receive conditonal gc is this true and what exactly does tha mean? Help

    By jennifer on Dec 19, 2007

24. Hi.Am a physician from India presently on H1B visa. My question is….when I do apply for a job providing me a Green card, how long is it taking these days for the LCA to come and then the final process of getting a green card? Also once the LCA has come can I stay on irrespective of how long it takes to get the green card?

    By jeejee on Dec 20, 2007

25. Hello,

    I’m an H1B holder who’s been offered a freelance job in a foreign company (outside of US). I’m getting mixed opinions about if this is legal or illegal. First question is: Is it legal? Second, is there a place where I can speak directly to a representative from USCIS regarding this matter?

    Thank you

    By malko on Dec 25, 2007

26. Dear Malko: Sorry but there really is not any place that I know of where you can ask USCIS about this. There is a procedure by which you can send a letter to USCIS directors and ask clarifications on law and they may issue an opinion for you. However, in your case I am sorry to say but I believe that you will not be able to work your freelance job in the United States – even if the person paying you is outside of the country. As long as you are performing the work in the U.S., you need to have permission to work here. Such as an H-1B or EAD. In your case, you may want to consider starting your own company and then doing work under that company. Your own company could sponsor your second H-1B visa for you, thus giving you the option of doing your freelance work in the U.S. legally.

    By admin on Jan 2, 2008

27. Dear Jeejee: Actually for employment-based immigrant visa, it is not called an LCA, but a Labor Certification or PERM. This process usually 3 months or so (requires advertisement by your employer). After that you will file your I-140, which is a petition that classifies you under a certain visa category. As a physician you would probably be under the EB-2 category. The problem for you will be in the actual green card application (Form I-485), since you are not allowed to file this petition until visas are available in this category (search “visa bulletin” on Google), which currently they are not. So to actually get your Green Card will be a long wait — though you never know, because the issue is quite political and perhaps the new administration or any immigration reform may shorten your wait.

    By admin on Jan 2, 2008

28. Dear Jen: well actually the problem for your husband is that he entered illegally. So, when you would apply for the actual immigrant visa — Green Card, he would be placed in removal — fancy way of saying deportation. I suggest that you get an immigration attorney to help you with this, because there are some complicated options for you, but they will require a formal trial-type hearing in front of an immigration judge. Generally, you could argue that you and your son need your father and so deporting him would harm U.S. citizens. Good luck. UPDATE: Actually in your situation your husband would have to go back to his country and try to apply for the aforementioned waiver at the U.S. consulate. He would not be able to do so here. As far as the conditional Green Card, actually in your case there would be no condition placed on your Green Card because you have already been married for longer than the conditional period of 2 years.

    By admin on Jan 2, 2008

29. Hi this is me again. I just receive my 797 notice now my question is do I have to submit the same informations with the I29f such as copies of everything again that I have already submitted with my I130 or do I just enclosed my receipt 797

    By mary on Feb 19, 2008

30. hi i am 18 years old and im 5 months pregnant from a guy who is not legally from here ive been told you need to be 21 years old to fix some one legal documents i am not married to him and hes been here since he was 9 he is now 21 when he was a minor of 15-17 years of age he comitted a few misdemeaners when he wasnt a minor any more he got pulled over a couple times caught driving without a license what can i do what will happen

    By Delilah on Oct 15, 2008

31. I have been married for two yrs and have a son with my husband. And now i’m in the process of helping him get his paper and he had to return to mexico he has been goen since the 8th of October 2008. Could you tell me how long the process is taking and how can I get him back home? Is their a process I can do so he does not have to stay the whole tim in mexico?

    By susie on Oct 22, 2008

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