Recent content by newacct

I believe so Not if she doesn't have a valid H4 I-94. If your wife has an unexpired H4 visa, she might consider instead leaving the US and re-entering, with a copy of your new H1b I-94 and the marriage certificate, to be admitted into H4 status for the same duration as your H1b. Then she would...

According to USCIS Policy Manual, Volume 7, Part B, Chapter 8, section C-2, it appears that the only adjustment bar that applies to SIJs is the INA 245(c)(6) bar based on involvement in terrorist activity: All the other adjustment bars, including the INA 245(c)(4) bar for having entered on the...

Your RTD is enough.

1. She does not get a green card outside the US. She gets an immigrant visa. She becomes a US permanent resident (i.e. green card holder) immediately upon being admitted to the US on her immigrant visa. 2. Only if she has a ban or other ground of inadmissibility, which is highly unlikely because...

Did you enter on parole?

A late Extension of Stay application is only accepted if there is good cause to be late, and I don't think there is good cause here. Your son needs to leave the US and re-enter. In my opinion, your son's L2 visa has been automatically voided by INA 222(g), which also means he can only apply for...

If it was just you returning, then you would probably have more chance of success by just flying to the US with your green card and trying to enter. Although the green card is not a valid document for re-entry after an absence of more than 1 year, the officer has the ability to waive your...

Then it should be fine without I-864A

No, your spouse does not need to complete an I-864A if your own individual income is sufficient. However, I have heard that some consulates have been known to require I-864A even when it is not required.

I believe he needs to pay the immigrant fee before he can get the plastic green card. But since he will automatically become a US citizen (not just "eligible for citizenship"; he actually automatically and involuntarily becomes a citizen) when you naturalize anyway, it might not be worth it...

No. But if you are immigrating based on an employment-based petition (I-140) filed by a company, then the company must offer to employ you when you get your green card, in order for you to immigrate on it (unless your I-485 has been pending for more than 180 days, in which case you just need to...

They can't deny it. The eligibility for AOS is provided by statute. Plus, the government has not announced any changes to eligibility. They have no basis to deny it. If it was denied, then you can challenge the basis of denial. That's why they are just "pausing" it; it is harder to challenge the...

Well you're not eligible for AOS in that category if you've ever previously been out of status (on the current stay or any previous stays).

Are you sure you are eligible for I-485 through DV? Were you ever out of status before asylum?

4 year and 1 day rule only applies to people who were absent for more than 1 year, who are able to overcome the presumption of interrupting continuous residence during the last year of their absence. People who are absent for more than 1 year who are unable to overcome the presumption have to...