Law Offices of Rajiv S. Khanna, P.C
5225 Wilson Blvd , Arlington , VA , 22205 USA Ph: (703) 908-4800
6 Byers Street , Staunton , VA , 24401 USA Ph: (540) 886-6321
- Green card
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for I-485 and I-765
Hi, I got married to a U.S. citizen in September 09 I entered this country 9 years ago with a tourist visa, I finished high school and college here, but i never applied for a student visa. Moreover, My visa has expired in 2005. Am I eligible to file form I-485 and form I-765?
residency renewal
My husband has a green card for 10 years he needs to renew online what is the cost and what web site and what is the right application he needs to use i am a us citizen from puerto rico we are married 14yrs. can you help me
how to renew/replace a green card
Here is the information you need: http://www.immigration.com/agency_memo_policy_report/how-renew-a-green-card
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Permanent Resident planning to get married
I am a permanent resident who got the residency thru marriage. I divorced before my two years but I was able to prove I entered my marrieage in good faith. If I decide to get married again while still being a permanent resident can I sponsor my future husband (who overstayed his tourist visa)?
Permanent Resident planning to get married
There are two separate issues here. I suggest you obtain an individual consultation with a lawyer, Andrea. I do not remember off hand, but there may be a time limit within which a person in your situation cannot apply for a spouse. Second, if your spouse is unlawfully present, and you are not a US Citizen, filing for him could get him deported.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Greencard
My mother is a greencard holder but it expired in 2004, she has been living out of the USA due to trauma from a accident which caused her to move away. Can her greencard be renewed still?
Green Card renewal after 5 years abroad
Emelia, usually if you stay outside USA for for a year, you lose the green card. If you have a VERY good reason explaining pretty much every day of your absence from USA, you could try getting a "Returning Resident Permit" from the US consulate, but these are rarely granted.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Daughter of U.S. Green Card holder
I am married to a U.S. citizen. My two sons from Malaysia under 21 received their GC are already in the U.S. My husband could not file for my daughter as she was above 18 when we married so I filed on Sep 2009, I-130 before she turned 21 . My question, is there any way to bring her to the U.S. ONLY to visit us until her I-130 gets approved. We only want her to visit us and not overstay in USA.
Daughter of U.S. Green Card holder
Natasha, there is no easy solution. The only two obvious visas that come to mind and that available for someone like your daughter would be H-1 or L-1 (employment-based) visas. A student visa can be tried, but the grant us unlikely because green card is pending. I have an entry on my blog on this - applying for a nonimmigrant visa while green card is pending. Check it out.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
If my fiancee came to the US
If my fiancee came to the US illegaly what is the best course of action to follow? Should we get married here and then go back to his home country and file for immigration or is it better to leave the US and get married in his home country and then file the I-129 and I-130? I am just not sure what happens since he came here illegally. Are there fines that have to be paid? Does anyone know?
If my fiancee came to the US illegally
Illegal entry into USA is a serious issue. Please consult a local lawyer.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Sponsor Green card
I obtained my US citizenship status early in 2009. Now my parents came to visit me and staying with me. I have a plan of applying the green card for my parents and keep them with me until the green card is fully processed.
Can you please advise me whether I need to file I-130 or I-485 ? They have the I-90 stamped until April 2010.
Thanks.
Also in I-130 there is a question ( I think no 22) , asking the preference of visa process. Is it possible for me to ask our my preference?
Thanks.
Sponsor Green card
Amit ji, we cannot offer assistance in filling up forms. But without commenting on your situation and generally speaking, when applying for parents who are in USA, a US citizen files an I-148 package and form I-130 together.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
I-130 has 3 years not yet approved
Hello, I submitted a I-130 for my wife (I am a greencard holder), and got my receipt of notice in October 30, 2006. No more information has been sent to me or her. Is that normal? No yet approved, what do I need to do? Just wait? Thank you so much.
I-130 has 3 years not yet approved
This is not normal. Contact USCIS customer service. If that does not work, contact your congressman. See this page: http://www.immigration.com/issues-relating-delays-various-immigration-ma...
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Green Card
My parents obtained their green card in December 2002 and came to U.S. Due to their age, they applied for I-130 and did not established 6 mo - residency until Jun - Dec 2005. Last US exit was in Dec 2005. They do not intend to abandon US residency and will come here when their health allows. Is their green card still valid - what else can be done here. Any help - most appreciated
Green Card abandonment
There is no law that requires a lawful permanent resident (GC Holder) to return within 6 months. But it is certainly better to do so. In any case, you must return before 12 months. BUT, remember, if you do not maintain your permanent home in the U.S., you can lose your GC even if you step out the U.S. for a day with an intent to go live somewhere else.
Thus, the law says that your permanent home in fact must be in the U.S. Even if you leave, it must never be for one year or more. But even leaving for shorter periods than a year could be problematic if you do not maintain your permanent res.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Applying for NIV with a pending GC application
Hi, I have a family-based pending GC application that is likely to be processed in 2012. Could I apply for a NIV (visitor or student) before GC application is processed? How likely is it that a NIV application may be denied due to my immigrant intent, and if it is denied, what repercussions could that have for my GC application and beyond? Thank you!
Applying for NIV with a pending GC application
It is possible, but the grant is unlikely. Read my blog, including this: http://forums.immigration.com/blog.php?u=1&blogcategoryid=36
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Sponsoring my Mom for reinstating Green card
My Mom had green card several years ago and lost staus. Now I would like to sponsor her for lost Green card. Will there be a preference or does it help her get GC faster? She is planning on coming here on a visitor visa and then file for sponsoring her for GC. Your info is well appreciated. Thank you.
Sponsoring my Mom for reinstating Green card
I am assuming you are a US citizen. You will be applying for a new green card, not reinstatement. As to the issue of applying for a green card after she enters on a visitors visa with a pre-conceived intent to apply for green card; this CAN (not always) be problematic. USCIS can consider this to be an improper use of her B visa.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Sponsoring daughter over 21 on F1 status
Hi I'm a permanent resident and I would like to know if I could sponsor my daughter who is over 21 and is currently on F1 status. If so, would she be allowed to stay in the U.S. if her visa expires during processing?
Sponsoring daughter over 21 on F1 status
Prem ji, I am assuming you are asking me whether a green card holder can apply for a green card for an over-21 child. The answer is yes, as long she is unmarried, you can. But she cannot stay in USA based only upon the fact that you have applied for her.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Green Card
I married a US citizen on may of 2009 and we were going to have a baby but we lost it a month ago. I entered the US illegally when I was 3 years old I am now 21 yrs old. A few years ago my moms employer filled an I-140 for her and all her children including myself were on the application. I want to know if that would benefit me in anyway?
Green Card
May be Section 245(i) can help. Call and check with your mom's lawyer, Mary. Also explore the fact that you are married to a US citizen Good luck!
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Green card
My name is Rashim.My green card got expired in nov 2007, I filled by mistake I-90, when I went for my biometrics, they saw that I filled the wrong application, I have to fill I 751, then I filled I 751, My rec number is EAC*********.
I recently went through my biometrics again, in April 2009, but still, I do not have any proper response,when do you think i will get my GC?
Green card
In my view, failing to file an I-751 in a timely manner could cause serious problems. I think you should consult with a lawyer locally where you are.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Eligible husband?
I am a U.S citizen,I got married in U.S.A., my oldest son was born there,and I have 2 more sons that were born abroad and are citizens too, my husband had a green card, but he had drug trafficking problems almost 15 years ago, something like consperacy, thats why we are living outside the U.S., if we want to go back, can something be done about this so the whole family can live there again?, can he get like a pardon and get a green card again, or there is no way this can be done?
Eligible husband?
Because you are a US Citizen, there could be waivers available for offenses committed by spouse. You may want to check first with the US consulate in the country where you are living.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Lawyer for Green Card from Family Category
I am permanent resident and I have applied for my unmarried daughter older than 21 and also I-130 has been approved. Can a Lawyer expedite the process at national Visa center? Can you help me so that I can apply from your office for I-485 and all required processes or suggest me how to cope with situation?
Lawyer for Green Card from Family Category
Lawyers can NOT expedite any process, but since we tend to make fewer mistakes :-), we can certainly avoid unnecessary delays. We can provide a consultation on whether there are any options, but usually, these matters require waiting the requisite time.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Petitioning for Parents
Hi, I want to know if I am applying for both my parents to immigrate I do know I need to do 2 separate petitions. But do I need to pay to pay 2 separate fees as well, or what is the process plz help thanks.
Petitioning for Parents
As far as I remember, separate forms are needed for parents. Read the instructions on Form I-130.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Brother and Family Immigration
I am a US Citizen and I filled the forms for my brother to come here, but I want his son also to come because he is a very skilled computer programmer and I need him in my bussines. I included him in my petition form but he is 25, is it possible for him to come here? They are in Cuba.
Brother and Family Immigration
Look into a work visa option for him (H-1, H-2B, etc). Family-based would take too long.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Renewing a green card
I am a US Citizen, my husband is a permanent resident whose green card expires in Nov. 09. Does it automatically get renewed or am I required to sign something? And what happens if I am contemplating a divorce. Does he get deported?!
Renewing a green card
Ellen, if he has a "permanent green card," divorce has no impact on it and renewal is a minor process in which your signature is not needed. If he has a conditional green card, he is required to file Form I-751 (read the instructions), where if the marriage was entered into in good faith, he can obtain his permanent green card even without your signatures.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
GreenCard
I just got my citizenship. My husband has an expired F1. We've been married for 4.5 yrs and live in the States, what do I have to do to get my husband permanent resident?
Green Card for Husband
You need to file a whole bunch of forms (including but not limited to Forms I-130 and I-485). There is no way I can assess the whole situation since he is out of status. I do suggest you get a lawyer locally where you are.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Husband GC
My wife filed Petition for me. everything went fine with interview , IO said your case has been approved , went back home happy and 15 day later went to Infopass to get the temporary GC stamp on the passport Learned case is still pending and not approved, asked the reason they are looking internally missing document do not provide time frame when it will be completed , any opinion when should i call them or make appoint ment for info pass , interview happen 09-28-09 case was given IR status when my wife became UC on 06-21-09,
Husband's GC
Manpreet ji, I think you should have your Congressman find out the details for you. See this page: http://www.immigration.com/issues-relating-delays-various-immigration-ma...
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
How to apply for work authorization after I130 approval?
I found this site so useful for valuable information. I got approval from I 130 and I am in US with F-1 visa. Can I submit I 485 without immigration number? Also Can I request for the work permit on this basis?
Thank you for your time
How to apply for work authorization after I130 approval?
I am glad our site has helped you. You can receive work authorization only when you apply for your I-485 (Adjustment of Status). You can file that only when your priority date is current. Mere I-130 pendency or approval gives you no help unless you are an immediate relative of a US citizen (like spouse or parent).
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Immigration after I-130
Hi,
I found your site is very helpful to know the US immigration. I would like to ask few queries about Immigration.
I have just got notice the petition has been approved as relationship of sister. My Brother is living in US, He is US citizenship card holder. My query is how many years or months should I wait for the Interview of VISA.. Does it take long time or now it is very short? I tried to search in different site but I didn't get my answers. As my understand this is in F4 categories. I am from Nepal. I would be very glad if you provide about my answer of question.
Thank you
Bishnu
Immigration after I-130
Bishnu ji, wait times are governed by priority date. Read the visa bulletin: http://www.immigration.com/visa-bulletin
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Inadmissibility
Hi, I am dating an undocumented man, and we have even discussed marriage. He has told me that he used illegal drugs at some point in his past - while he was in the US, in fact. Is that likely to automatically disqualify him from obtaining residency? I don't believe he was ever arrested, but he did enter rehab. Neither of us would consider not disclosing it.
Inadmissibility
Amy, as far as I know, there is always a waiver available for these sorts of problems. Not having researched the issue, I cannot answer off hand.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Query
Hi,
I am Jay Patel. My father has become Citizen of USA last month and he had kept my file in March 2004 when he was holding greencard. I would like to know the present priority date and how long will it take for my file to get open?
Thank you.
Sponsoring parent naturalized
Jay, make an infopass appointment and have your father take his naturalization certificate and go speak with USCIS.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Parent of US citizen
My son was born in the US, he was 2 months premature and his birth in the US was pure accident since i was on vacation there when i developed a complication and had to be hospitalised at 6 months pregnant.
He is only 8 months, and we are living out of US. Is there any right for parent of young US born child to apply for residency so the child can be raised in the US?