Search results

Yes. See 22 CFR 41.112(d)(1)(ii), regarding Automatic Revalidation for people who did Change of Status:

You started accruing "unlawful presence" when your I-539 was denied in June 2016. You may or may not have been accruing unlawful presence while your asylum application was pending, but it doesn't matter, since it was more than 1 year between the I-539 denial and when you applied for asylum, so...

No. And they don't need to wait for the plastic green card, as their immigrant visas, once used to enter the US, immediately turn into temporary I-551s (proof of permanent residency, equivalent to green cards) valid for 1 year after entry (so if they enter in May 2024, the immigrant visas...

Working outside of H1b will make you lose H1b status, but you can stay in the US on a pending I-485 and you are authorized to work since you have an EAD. So there's no problem as far as US immigration is concerned, as long as your I-485 is not denied. However, you will be subject to US federal...

No. You are confusing several different things. First of all, you are a resident alien if you pass the Substantial Presence Test, which most people pass if they spend most of the year in the US, so they would pass it the first year or at most the second year they are in the US. You are thinking...

You cannot work while in the US if you don't have work authorization. Where the company is located is not relevant. Also, you will need to pay US taxes on that income.

How can you know that your priority date is current for June? The visa bulletin for June is not out yet. Why don't you just use the newest edition of the form to file? If you have already filled answers, just transfer them over to the new form. There are basically no changes in form questions...

Why does she need an SB-1 visa? It is very hard to get an SB-1 visa.

If it's the mother's first return to the US after the child's birth, then the child doesn't need an immigrant visa. (You said "kids"; did they have multiple kids born during the mother's single stay abroad?)

No, you do not need a visa to enter the US in most types of nonimmigrant statuses, including visitor status.

1. No, you cannot enter the US on most types of nonimmigrant visas, including B visas, with preconceived intent to file Adjustment of Status during that stay 2. No. If there is an actual denial, then "unlawful presence" would only start accruing on the date of the denial decision (or, if she is...

You have to sign the I-864 Affidavit of Support for each of them. The I-864 does not make you liable for any of their costs. The I-864 obligation is that you have to supplement their income to 125% of the poverty level if their income does not already reach that level. They can buy a plan from...

Someone who has a pending I-485 can stay in the US for as long as their I-485 is pending, no matter how long it takes. In fact, they cannot leave the US while their I-485 is pending, unless they have been granted an Advance Parole, or they will automatically abandon their I-485. What I meant by...

The "both are principal applicants" simply means the principal beneficiary is the principal for the purposes of the immigration category eligibility, and the derivative spouse is the principal for the purposes of providing the chargeability, as explained in 9 FAM 503.2-4(A).h: It does not mean...

You and your spouse can each apply for DV separately. If your spouse doesn't meet the educational requirements, they can't apply for DV. But if you meet the educational requirements, but your country of birth is not eligible for DV but your spouse's is, you can apply for DV and charge to your...

Yes, you file a new I-130, with the fees, for each of your parents.

You filed N-400 in December 2021 and it is still pending in March 2024? Is your I-751 still pending too? Why do you want to withdraw the divorce?

Was your father a US citizen?

Wait, I missed the part when you said "I-485 approval". If I-485 is approved, you are a US permanent resident (i.e. green card holder). You don't need EAD. And you cease to have H1b status, and your spouse cannot have H4 status. Do you mean something else is approved?

yes