Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My cousin is here on a fiance visa from El Salvador. She is…

Customer Question
My cousin is here...

My cousin is here on a fiance visa from El Salvador. She is in the United States and has been married for 7 months. Both she and her husband have decided to divorce. As of now she is on a fiance visa and she has also already filed for a change of status and has done the biometrics. My question is if she is filing for a divorce should she leave the country now, should she withdraw the case, or will she still be able to stay in the country. They have submitted for I-864 (affidavit of support) as well.

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

Yes pending application to chanve status to permanent resident.

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She has left their household and is staying with me but has no working papers. Not sure if she should return to el Salvador, go to California to live with father (u.s. citizen) and have him petition for her or to withdraw the case all together

Submitted: 3 months ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 4 hours by:
3/11/2018
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,757
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Ask Your Own Immigration Law Question
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

If sheis not claiming to be an abused spouse she will need to leave as soon as the divorce if final unless she is called into USCIS for her interview at which the adjudicator officer will deny the I-485 and set her up for removal proceedings.

So whether she should leave now depends on how quickly itis anticipated forh er to finalize her divorce in the US.

If it will be a long process she should leave and pursue divorce proceedings in El Sal.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Ask Your Own Immigration Law Question
Was this answer helpful?
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,757
29,757 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

Judith Ludwic is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

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

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

48,466 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
How do you write a brief for Form I-290B? My husband and I
How do you write a brief for Form I-290B? My husband and I received a letter from Immigration stating that our Form I-485 was denied due to the lack of having our medical examination turned in and a t… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I need a sample of Bonafide marriage exemption letter..I was
I need a sample of Bonafide marriage exemption letter..I was married to US citizen before i was in removal preceding but we got divorced and my first wife has never file any petition with USCIS before… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I just put on a i45 immigration law, What is this and what
I just put on a i45 immigration law, What is this and what will happen in the meantime with my stay?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I filed VAWA and got approved. I am scheduled to have interview
I filed VAWA and got approved. I am scheduled to have interview for adjust status. My husband threatened me that he would reported me to immigration before i filed VAWA, i don't know if he did or not.… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I received an I-797C Notice of Action. Rejection Notice.
I received an I-797C Notice of Action. Rejection Notice. States: Recently, you submitted an application for immigration benefits. That form was submitted with an extra remittance that is not required … read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,757 satisfied customers
Recently I have received a RFE for my I-485 petition for my
Recently I have received a RFE for my I-485 petition for my birth certificate which was registered Last year May 04,2012. Since I am 1974 born, USCIS considers the birth certificate that I submitted t… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
My EB1a (I-140 and 485 concurrent) was denied and I appealed
My EB1a (I-140 and 485 concurrent) was denied and I appealed the case. My 485 was reopened (online status) and cases were sent to AOS now(online status today). My EB1b was approved yesterday. Question… read more
Expert James
Expert James
Doctoral Degree
12,166 satisfied customers
I just got the approval for I-131 (Travel Document) and I have
I just got the approval for I-131 (Travel Document) and I have the I-485 form in processing. How does the for I-131 form works? Will I receive the form by mail? How long it will take if I got approval… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
My fiance had a legal status but lost it when got divorced.
My fiance had a legal status but lost it when got divorced. I'm wanting to marry her now what will we need to do?… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
my fience and would like to get married in the usa i am a us
my fience and would like to get married in the usa i am a us citizen and she is from the phillipins what do wee need to be able she is comming out in march of 2013 she is getting a turist visa and we … read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
Greetings, I am a U.S. citizen and my fiance came to the
Greetings, I am a U.S. citizen and my fiance came to the U.S a year a go with a tourist visa and has an asylum case pending . He submittetedhis asylum papers in december and his attorney told him his … read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
I have a friend who is working her in the U.S. on a intern
I have a good friend who is working her in the U.S. on a intern Visa, He has to leave. We want to get married. He already has a Social Security card in the U.S. so how long would it take him to get a … read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
My fiance lives in California I used to live thier with her
My fiance lives in California I used to live thier with her when I was stationed in that state a few years ago. I have since then move back home to Florida. We want to tie the knot and move her here t… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
Hello - I am trying to get married to a foreigner who unfortunately,
Hello - I am trying to get married to a foreigner who unfortunately, passport has expired for about 2 years now - we are in love and want to marry - is there any place that we can marry with their exp… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
I need some advice regarding adoption, or student visa or some
I need some advice regarding adoption, or student visa or some way to get my fiancee's 14 year cousin in the Unites States because her life is in danger.… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I am permanent resident of usa since last 4 years.I have my
I am permanent resident of usa since last 4 years.I have my own girlfriend in my country,i make 40000/yrly ,can i sponsor her with I-864,is it possible? And i have my own cousin ,son of my elder unlce… read more
socrateaser
socrateaser
1,031 satisfied customers
I want to marry a Canadian citizen and bring her to the US
I am a US born citizen. She is a Canadian born citizen. I met her through some friends when I was visiting Canada and we want to get married. Eventually she wants to immigrate to the US. What is the e… read more
Law Girl
Law Girl
Lawyer
Doctoral Degree
451 satisfied customers
We have family in El Salvador who are dual citizens of that ...
We have family in El Salvador who are dual citizens of that country and the U.S.. We want to buy their beach home in La Libertad and aquire a resident visa so that we can A) Move there to semi retire … read more
EMJ1219
EMJ1219
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x