1. No. The Adjustment of Status filing chart is not current for the F2A category right now. You would have to file I-130 first and I-485 can only be filed when the date on the Adjustment of Status filing chart passes the priority date (I-130 filing date). Why didn't you guys file earlier. In...
If she is married to the child's biological parent, then the child is her step-child.
If she married the child's biological parent before the child turned 18, then the child also counts as her child for US immigration purposes, even if she never lived with the child.
It is permissible to approve a joint I-751 while you are separated or in the middle of divorce, as long as the divorce hasn't finalized, the other spouse does not withdraw the I-751, and attends the interview if there is one (which there wasn't in your case). See this memo, section "Jointly...
Not for the employee.
You can change to H1b status from within the US, but it requires you to be in status. Are you currently in status?
Also, cap-subject H1bs start in a given fiscal year (fiscal years go from October to September). So the earliest you can start for a given fiscal year is...
No, that does not make sense. If you are not in a status or situation that authorizes work, and you work, that is unauthorized employment. Unauthorized employment does not affect your Adjustment of Status (I-485) application because the bar to AOS for unauthorized employment does not apply to...
What status were you on? People in statuses like F or J with D/S do not apply for EOS. Do you mean you applied for Change of Status (COS) to another status, or reinstatement?
I think you are confused with the terminology. So-called "dual-intent" visas are all nonimmigrant visas. H1b, L1, even K1 are nonimmigrant visas. Any visa that does not make you a permanent resident immediately upon entry is a nonimmigrant visa. You would need a nonimmigrant waiver if you need a...
Correction - the obligation is not for 10 years; it is forever, until one of the conditions are met: the immigrant naturalizes to become a US citizen, the immigrant can be credited with 40 quarters of Social Security credits (including credits earned by spouse during the period of marriage), the...
N-600 can be used to apply for a Certificate of Citizenship either for someone who was automatically a US citizen at birth, born abroad to a US citizen parent, or someone who automatically got US citizenship after birth as a permanent resident minor residing in the US with a US citizen parent...
On your current stay, you went out of status when you worked outside of F1. After you leave the US, you don't have status since you are outside the US. When you seek entry on your Advance Parole, you will be paroled, and you will be given an I-94 as "Parolee" for a period of time. This has...
One thing to keep in mind is that you cannot challenge it based on the citizenship status discrimination provisions in INA 274B (8 USC 1324b), because that law only prohibits citizenship status discrimination if it's against certain classes of "protected individuals", which it defines as US...
Like I said, since you are in an employment-based category, INA 245(k) allows you to do I-485 as long as you have been out of status or working illegally for less than 180 days since your most recent admission. Parole is not admission, so it would not reset your days. So you would have to count...
When you leave the US, you cease to have any status. If you enter on Advance Parole, you will be "paroled", not "admitted" on any nonimmigrant status like F1. You will get an I-94 as a "Parolee" (probably for 1 year). Parolees are considered to be in status for the purposes of Adjustment of...
I didn't ask about visa. Visa is just for entry. I asked whether you have been maintaining F1 status (i.e. have been maintaining a valid I-20, and complying with all the conditions of your F1 program).
Ask them on what basis they are asking you to provide "any document showing your current residency status". Tell them you have the documents to show work authorization for the I-9, which is the only thing you are required to provide. If they insist on not hiring EAD holders, I am not sure there...
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