Family Petition

Reluctant Petitioner

June 20, 2013 | Family Petition

Q. My half-sister, a U.S. citizen, petitioned for me in June 2003. In 2010 my mother received a letter from the USCIS requesting additional documents which sent in. Meanwhile, my sister lost her home, job, and car and it took a toll on her mentally. My family members say she has schizophrenia and I know […]

Naturalization for Person Married to U.S. Citizen Member of the Military

May 17, 2013 | Family Petition, Legal Permanent Residents (LPR), Naturalization

Q.  I have a couple of questions to, hopefully, help in my wife’s situation. I am in the U.S. Navy currently serving on an aircraft carrier. I am soon to change duty stations to outside the United States.  My wife is a foreign national and currently holds a ten-year permanent resident card but isn’t able […]

Various Issues Related to Temporary Protected Status

March 15, 2013 | Criminal Convictions, Family Petition, Temporary Protected Status

Q.  I’m Honduran, 26 years old. I have been in the United States since 2005. When I was crossing the border in 2005, immigration arrested me and released me after a few months. I was scheduled to go to immigration court, but I was too scared to attend. I was afraid I would be deported. […]

Responsibilities and Risks of Filing an Affidavit of Support

December 21, 2012 | Family Petition

Q.  My friend is petitioning for her parents, but she could not file an affidavit of support due to low income. She asked me to help by filing the affidavit of support for her parents. The question is who will be liable for her parents’ financial support. If her parents apply for public assistance, will […]

Lawful Permanent Resident Outside of the United States for More than One Year Without Reentry Permit

November 16, 2012 | Family Petition, Immigrant Visas, Legal Permanent Residents (LPR)

Q.  I was a permanent resident, living in California, married to an American citizen.  We had two kids.  In 2008 I came to Brazil and I stayed there for more than a year.  I tried to get permission to return , so I tried to get re-entry permission, it wasn’t approved and I was told […]

U.S. Citizen Child Born Out-of-Wedlock Petitioning for Father

August 17, 2012 | Family Petition

Q.  I am a 23-year-old US citizen. I was born in New York and now I am petitioning for my father. The problem, however, is that my father never married my mother and was previously and still is married to another person. My question is, how can I petition for him since the I-130 form […]

Q. I am a U.S. Citizen while my wife is a Lawful Permanent Resident (LPR). We have been married for over five years now but my wife has only been a Lawful Permanent Resident (LPR) since August 14, 2009. I am looking into an expedited naturalization for my wife based on work. I am about to begin with Harvard University as a Master of Liberal Arts Student. I have to complete a Master’s thesis proposal and eventually a thesis for which I will need to be in the United Arab Emirates for about 12 to 20 months. I don’t get paid by the Harvard Extension School as this is a self-paced research which one has to complete in order to obtain the Masters of Liberal Arts program. Does my wife qualify for an expedited naturalization based on 319(b)?

June 15, 2012 | Family Petition, Legal Permanent Residents (LPR), Naturalization

A. Your question refers to section 319(b) of the Immigration and Nationality Act (INA), a provision that allows certain permanent residents to have their naturalization “expedited” if their U.S. citizen spouse is working overseas.  The naturalization is expedited, for an eligible applicant, in the sense that she does not have to meet the requirements of […]

Q. I have Temporary Protected Status (TPS) right now since I am from El Salvador, but I just got married to a U.S. citizen. I would like to know what is the next step in order to obtain my green card? -Maria Tobar

April 20, 2012 | Adjustment of Status, Family Petition, Temporary Protected Status

A. If you entered legally, you qualify to adjust status, that is, interview here. Your husband can petition for you and in the same envelope, you can submit your application for permanent residence. If you entered the United States without speaking to an immigration officer, you have two possibilities. You can travel home with what […]

Q. Can a child who came in with a humanitarian visa and is being petitioned by his/her resident mother apply for adjustment of status, or will this child have to go back to his/her country to get a green card? -Name withheld

March 16, 2012 | Adjustment of Status, Family Petition, Immigrant Visas, Legal Permanent Residents (LPR)

A. Adjustment of status is a process that allows an individual who is already present in the United States to apply for permanent residence and receive it without leaving the country. Though there are many exceptions, in order to qualify for adjustment of status, an individual generally must meet three criteria: He/she must have a […]

Q. My uncle has filed an I-130 petition for his daughter who is over 21, married, and has children. I know the law says the process can take up to 10 years. Can he apply for a visitor’s visa and adjust her status while the I-130 petition is processing? In addition, can this process speed up as a result of my uncle’s disability and his age?

February 17, 2012 | Adjustment of Status, Family Petition, Immigrant Visas

A. It is unlikely the daughter will get a visitor’s visa while she is waiting to process for an immigrant visa. Even if she got the visa, U.S. Citizenship and Immigration Services might not let her stay here legally until she gets to the front of the line for her immigrant visa. If she stays […]