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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...

An absence of between 6 months and 1 year is presumed to break continuous residence, but this presumption can be overcome with strong evidence of ties during the absence. If you are able to overcome this presumption, then continuous residence was not broken, and you can file N-400 now as you...

You don't have status while outside the US. So you cease to be on H1b status when you leave the US. And when you enter, you will have a new status that depends on the visa you present (e.g. if you enter on an H4 visa you will enter into H4 status).

Another option is for your parents to fly to the US on their unexpired green card, and try to enter with evidence of how they intended to return but couldn't return earlier due to various reasons. The immigration officers at entry might let them in. If asked to sign I-407 to voluntarily...

1. A few months, assuming they paid the $235 immigrant fee 2. Immediately. They do not need a lawyer. They do need to appear for the biometrics appointment. 3. Hard to say. Could be months or over a year 4. as part of Re-entry Permit application 5. Texas does not have a penalty for not having...

J1 get "D/S" on their I-94 instead of a date. So once you changed into J1 status, you would not need to file I-539 for J1 extension of stay. You would remain in J1 status indefinitely as long as you have a valid DS-2019 and comply with the rules of J1 status.

Right. Unless you are a Canadian citizen, you always need a valid US visa (and the type of visa must match the status you seek to enter into) in order to seek entry to the US (with the exception of brief trips to Canada, Mexico, or Caribbean islands). So to enter into J1 status, you need a J1...

Yes, you can apply for Change of Status with I-539.

I believe you can file G-1566 for a certificate of non-existence of naturalization.

Wouldn't their visa have been automatically voided by INA 222(g) though? I can't find anything that says people under 18 are exempt from INA 222(g).

When do you think you may have lied?

I am assuming he is in the service area of the New York consulate and not of the Washington embassy. Here is the page from the New York consulate on passports (in Russian), and here is the page on the certificate of return to Uzbekistan (in Russian). It is not clear to me from reading this what...

What country is it? He should still be able to get a new passport or travel document after his passport expired.

Why can't he renew his passport?

I think you should apply for I-130 and I-485 together (or I-485 right after the I-130). Were you ever given a Notice to Appear for removal proceedings?

That's not called Automatic Revalidation. Automatic Revalidation is when someone re-enters on an expired visa (or wrong type of visa) with a valid I-94. You have a valid visa of the right type. You are simply seeking a whole new entry and period of stay on the basis of your visa. Your H4...

You will start accruing unlawful presence after the date on your I-94. Up to you. But note that this would be a late Change of Status (since you are already out of status), so we don't know if USCIS will accept it. If they deny it, you will start accruing unlawful presence as of the date of the...

While they are still in the US, they should still be able to get the petition reinstated and get green cards. Are they sure they don't want to? They do not have a status since their I-94 expired. They are staying legally because they have a pending I-485. Their I-485 will probably not be...

Like I said, you don't "get" any time. You are technically deportable immediately, but they are unlikely to seek you for deportation anytime soon. If your health improves enough to travel before a decision is made, you should leave, and that way, you don't risk a denial while you are here...

When your Change of Status was approved, you got a new B2 I-94 as part of the page of the I-797A approval notice. That is your current I-94. The F1 I-94 you got from entry should be disregarded.