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The Facts: -I am a U.S. Citizen (born in U.S.) -My husband

The Facts:-I am a U.S. Citizen (born in U.S.)-My husband is an illegal alien.-My husband entered without inspection in 2002. He was apprehended at the border and removed under 212(a)(6)(A)(i).-My husband entered without inspection again in 2003. He was apprehended at the border and removed under 241(a)(5).-My husband entered without inspection again in 2008, successfully. He has had continuous presence in the U.S. since 2008.-My husband has been convicted of one minor offense (driving without license).-I am confident that we would be able to establish hardship to me in the event of his removal.The Questions:A. Is there any reason that my husband would NOT be eligible to apply for Cancellation of Removal (Form OMB#1125-0001) in 2018?B. If he is eligible to apply for Cancellation of Removal, would any other forms need to be filed in order to establish a legal presence in the U.S? (I-130? I-212? I-601?)

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

 
14,174 satisfied customers
We submitted the I-751 husband but just received

Hi, We submitted the I-751 for my husband but just received a RFE for more evidence. it said "Good Faith of Marriage", the letter said you have not established that the marriage upon which you were granted conditional status was entered into good faith. You provided some evidence f Martial bona fides, however the documentation you submitted is insufficient because for example the bank statement you submitted do not cover the entire period of marriage.So that means I should submit everything since 2013, that we got married including what we have until now. But I was wondering that some of the bank account we have since 2013 is already closed and change to another one. So I should submit the closed account statements along with the new one I have, is that correct? And as of that time when we got married we lived in a house of a friend that we don't have any lease agreement together. So probably the only thing we had together were the bank statements and the vehicle insurances and pictures. The tax return for 2013 we filed as married but file separate as he were still under A-2 visa and did not have to file for tax return. What do you think? I am very worried.

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Ely

Counselor at Law

Juris Doctor

 
62,074 satisfied customers
I am in US and my H1B started last year in Oct.1 through lottery.

I am in US and my H1B started last year in Oct.1 through lottery.1. I worked for company A which the employment terminated at Mar. 31 and last paystub is Mar. 31.2. I had company B initiated H1B transfer on Mar.28 and has receipt. This is normal processing.3. Meanwhile, I got a another job offer from company C and company C will file H1B transfer in premium processing in a day or two.Qustions:1. I assume tansfer by B and C is independent, and I may be in so called bridge condition. If my I-94 is still valid, is there any problemfor transfer by C to be approved? My objectivie is to work for company C?2. Can transfer by C possibly be approved by extention of status since it is still within a month? Or has to be approved by consular notification?2. What about transfer by B? Since it will take months by normal processing? Can I ask B to withdraw the petition whenever transfer by C is approved?

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

 
5,688 satisfied customers
I have an a2 visa that is expired. what are my options? JA:

hi, i have an a2 visa that is expired. what are my options?JA: The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: noJA: Please tell me everything you can about this issue so the Immigration Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: my a2 visa expired in 1996, i came in as a dependent of a diplomatic officerJA: Is there anything else important you think the Immigration Lawyer should know?Customer: noJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

 
45,740 satisfied customers
Can an A2 visa holder open a business in Maryland?

Can an A2 visa holder open a business in Maryland?

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

 
45,740 satisfied customers
Legality of renting a rented apartment on AirBnb

Legality of renting a rented apartment on AirBnb for F1 students and reporting the earned income as 'effectively connected income' for tax purposes. I want to understand the legality from both immigration and taxation perspectives.

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

 
14,174 satisfied customers
I filed a adjustment based on a petition filed by my father

I filed a adjustment based on a petition filed by my father in 2001. I think my visa has been available for a number of years but due to financial reasons I was unable to file, I needed to get a copy of the approval and that took some time.I have an interview next week and just realized that I failed to file the 485 A with the 485 . Can I still file it will this be fatal to my application

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

 
45,740 satisfied customers
On the form I 864 of my father in law part 6 and my mother

on the form I 864 of my father in law part 6 and my mother inlaw form I 864 a part 4 should the amount of tax return be the same?

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

 
5,688 satisfied customers
Guillermo J. Senmartin], My son was married to a

[Guillermo J. Senmartin]Hello,My son was married to a foreign national, who was living in US for 1 year. After marriage he sponsored her for green card, and one year after the green card was received they decided to divorce.They have no children , they had a pre-marital agreement that waives all support and make all their income and property as separate which they sign before marriage , where she was represented. They were married for 1 year 5 months before separation ( filing for divorce )They have filed for divorce and now she is after him for "set aside" the agreement and for paying her funds due to "Affidavit of support I-864 " in CA family court.My question is as follows:1) Understand this support is up to 125% poverty guideline which is 14,723 /yr ( 1226/month) for 1 person Household. Is this correct?2) I also understand that any income his former wife actually has, is to be deducted from this support? for example if she makes 1000/month then the max he will pay is 226/month? Is this correct?3) Since her green card is due to conditions removal in 1 year, can these conditions be removed while they are in the process of divorce proceedings and divorce is not granted yet?4) If the answer to question #3 is "No ", if court grants dissolution through bifurcation , will that be considered as "divorce" for the purpose of conditions removal or does the case needs to be competly resolved / final judgment given to considered "divorced" for that purpose?Appreciate an answer with relevant case / lawThanks,Annon

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

 
45,740 satisfied customers
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