How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 34621
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
characters left:
Immigration Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Immigration Form I-130 Questions

I-130 is an immigration form that U.S. citizens use to petition for a foreign relative. An I-130 is issued through the United States Citizenship and Immigration Service which replaced the INS (Immigration and Naturalization Services) is governed by Homeland Security. An I-130 allows a U.S. Citizen or permanent resident to sponsor foreign relatives for immigration into the United States. The form can only be used by a U.S. citizen and is not intended for the use of non-U.S. citizen who is trying to enter the United States. To learn more about the I-130, take a look at the more commonly asked questions below that have been answered by Experts.

How can an individual speed up the process of an I-130 that was put in for a spouse to come to the United States?

There are a few things that you could have done to speed this process. First of all, you didn't send a document of relationship. This is a collection of photos, plane tickets, emails, and cell phone records that would provide evidence that there is a steady relationship between you and your spouse. Next, you can file for a K-3 visa. This visa will allow you entry into the U.S while you are waiting for the I-130 to be processed. If you have the I-130 receipt, you need to file a copy with a form I-129. When you file the I-129 form, it goes to the National Visa Center (NVC). When the center receives your file, you will be expected to file an affidavit of support form I-186 and pay any fees that are due. Your file will then be sent to the Embassy in your husband's homeland and he will be contacted about his interview. This can take up to 5 months however; this process may be completed before the I-130.

If an individual wants to petition a form I-130 to obtain a green card, the individual in question currently is in the U.S. on a F-1 visa, is there a problem with submitting the petition at this time?

Filing the petition at this time shouldn't be an issue as long as the individual’s visa stamp is valid and their I-20 doesn't need renewed before the expiration date. The university may refuse to extend the individuals I-20 if the schools officials find out you are petitioning for the individual’s green card. There are so many people waiting for visa numbers that the waiting list is 10 years. The reason for this is there are very few visas made available under this category with a high demand. The individual will have to wait for ten years for their visa. When the individual F-1 visa expires at the end of 2015, the individual will have to return to their home land and wait for their visa.

On Question 21 on I-130 form “Give the last address at which you lived”, if the individual visits their spouse in Morocco on occasion, should this be the address that is listed?

The question is simply asking for the physical address where you and your spouse lived together. They don't need to know how long you lived together, just the address of the last place you lived together. There is nowhere on the form that requires information about the length of time you and your spouse lived together. So, if you married, stayed briefly in Morocco, then you returned to the states while your spouse remained in Morocco, just write down the address in which you stayed with your spouse while you were in Morocco.

What happens if your I-130 is revoked?

The following information is the law pertaining to revoked visas and reads as:
INA 203(g): ... The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien's control.

Many people wish to have a foreign relative move to the states. To manage this, the person living in the states must petition for the foreign relative. I-130 is an immigration form created by the U.S. Immigration Service which provides a foreign national entrance into the states. If you have questions about the I-130, you should ask an Expert. I-130 is an immigration form that U.S. citizens use to petition for a foreign relative. An I-130 is issued through the United States Citizenship and Immigration Service which replaced the INS (Immigration and Naturalization Services) is governed by Homeland Security. An I-130 allows a U.S. Citizen or permanent resident to sponsor foreign relatives for immigration into the United States. The form can only be used by a U.S. citizen and is not intended for the use of non-U.S. citizen who is trying to enter the United States. To learn more about the I-130, take a look at the more commonly asked questions below that have been answered by Experts.

How can an individual speed up the process of an I-130 that was put in for a spouse to come to the United States?

There are a few things that you could have done to speed this process. First of all, you didn't send a document of relationship. This is a collection of photos, plane tickets, emails, and cell phone records that would provide evidence that there is a steady relationship between you and your spouse. Next, you can file for a K-3 visa. This visa will allow you entry into the U.S while you are waiting for the I-130 to be processed. If you have the I-130 receipt, you need to file a copy with a form I-129. When you file the I-129 form, it goes to the National Visa Center (NVC). When the center receives your file, you will be expected to file an affidavit of support form I-186 and pay any fees that are due. Your file will then be sent to the Embassy in your husband's homeland and he will be contacted about his interview. This can take up to 5 months however; this process may be completed before the I-130.

If an individual wants to petition a form I-130 to obtain a green card, the individual in question currently is in the U.S. on a F-1 visa, is there a problem with submitting the petition at this time?

Filing the petition at this time shouldn't be an issue as long as the individual’s visa stamp is valid and their I-20 doesn't need renewed before the expiration date. The university may refuse to extend the individuals I-20 if the schools officials find out you are petitioning for the individual’s green card. There are so many people waiting for visa numbers that the waiting list is 10 years. The reason for this is there are very few visas made available under this category with a high demand. The individual will have to wait for ten years for their visa. When the individual F-1 visa expires at the end of 2015, the individual will have to return to their home land and wait for their visa.

On Question 21 on I-130 form “Give the last address at which you lived”, if the individual visits their spouse in Morocco on occasion, should this be the address that is listed?

The question is simply asking for the physical address where you and your spouse lived together. They don't need to know how long you lived together, just the address of the last place you lived together. There is nowhere on the form that requires information about the length of time you and your spouse lived together. So, if you married, stayed briefly in Morocco, then you returned to the states while your spouse remained in Morocco, just write down the address in which you stayed with your spouse while you were in Morocco.

What happens if your I-130 is revoked?

The following information is the law pertaining to revoked visas and reads as:
INA 203(g): ... The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien's control.

Many people wish to have a foreign relative move to the states. To manage this, the person living in the states must petition for the foreign relative. I-130 is an immigration form created by the U.S. Immigration Service which provides a foreign national entrance into the states. If you have questions about the I-130, you should ask an Expert.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 34621
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
characters left:
Immigration Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Immigration Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21620
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18632
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent Form I 130 Questions

  • My father wrote a letter to accompany his DS-4079 that stated

    My father wrote a letter to accompany his DS-4079 that stated his allegiance was to Canada and that he likes Canadian culture and took an oath of allegiance to Canada. He made that clear. The consulate acknowledged the DS-4079 and said he couldn't cancel his appointment, just delay it. My father has changed his mind in light of doing research, he definately didnt think this through. Question: Is there a way to withdraw the DS-4079,..ie does he have to go in person to withdraw it? PS he lives in Canada. And secondly, I'm haunted that they could take away his passport and citizenship based on the fact that he maybe just make them mad with that letter and DS-4079.... or does he still have to go to the consulate to sign other forms to actually loose his citizenship? Do they just take it away?
  • We have filed I-140 petition under premium processing in nebraska

    We have filed I-140 petition under premium processing in nebraska service center. We haven't received the receipt number for 3 working days via email and my employer called Premium Processing to check the status of receipt number. USCIS PP Representatives instructed us to wait for one more week before calling to find out the status.
    They have returned the I-140 as my employer filed with the outdated form. It was rejected the next day they received the petition. When my employer called the USCIS representative in Premium Processing they didnt inform about the rejection.
    Problem here is that employer received the return packet from USCIS after the expiration date of Labor certification. My employer rectified the problem on the same day and filed immediately with expired labor mentioning the entire situation.
    They denied the I-140 saying petition has been filed with expired labor.
    Here are my questions:
    My employer contacted them multiple times asking about the status and no one provided the information about returned petition
    My employer argument is that they could have filed I-140 immediately in e-filing online if they come to know about the returned petition.
    I would like to check with the experts and see are there any options to reopen the case and provide the information again.
    They did send us the packet in the normal post and it reached us back after several weeks. I appreciate if someone can respond back.
  • I am a nurse practitioner. I am here on a student visa but am temporarily here on a OPT v

    I am a nurse practitioner. I am here on a student visa but am temporarily here on a OPT visa through my previous Masters program which will end in December. During my interview and on my application it asks if I will need a Sponsor and they were well aware of my situation. But now they are stating that they cannot sponsor me because they have never sponsored Nurse Practitioners. The Doctor that I work for does not like me for what ever reason that he has not stated or filed any complaints about. No Complaints have been filed against my performance. I recently got married to a U.S citizen and have filed for a marriage visa which will be approved in January. But my OPT visa expires in December. Human Resources and the hiring manager said since I have no sponsorship i will have to be terminated. i asked can I take a temporary vacation until my Marriage visa is processed. They said that is not possible. I am pretty confident this Doctor is persuading them somehow to terminate me
< Last | Next >
View More Immigration Law Questions