Frequently Asked Immigration Questions

If you entered the country on a K visa, were married, and then divorced before you applied for adjustment of status you will no longer qualify to adjust your status to that of a lawful permanent resident.

If you already have adjusted your status to a lawful permanent resident and then were divorced you may be able to retain your lawful permanent resident status depending on the facts and circumstances of your case. These can be complicated and serious cases so you should retain an attorney to help you with your case.

First of all, you have to have a basis to apply for lawful permanent residency. If you don't have a basis to apply then you don't have any options. Since this site only deals with family-based immigration issues I will only discuss those options. There may be other paths to lawful permanent residency through employment. So, in order to stay in the U.S. and obtain residency here you would have to be an immediate relative of a U.S. Citizen (spouse, child (unmarried and under 21), or parent. You must also have entered the country legally. If you don't meet these requirements you can not apply for lawful permanent residency while you are in the U.S. If you have a relative that is a U.S. Citizen they may sill be able to apply for you but you would have to return to your country and wait for the visa to be approved.

Good question. This is one that you should probably consult with the attorney who handled the I-140 and adjustment of status case. However, I think that it is probably better to deal with this issue later in the process. From your post it sounds like although the marriage is in trouble you are still legally married. Your wife won't obtain any immigration benefits through your AOS petition until it is adjudicated and approved. I think it would probably just create problems and confusion if you requested that the USCIS withdraw this portion of your petition at this point. I think it might make more sense to deal with this at the adjustment of status interview. To be sure, I think the best course of action would be for you to consult with the attorney that handled your case or retain another attorney to counsel you on this matter. Its probably something that could be dealt with in a simple phone call or email to your attorney.

You cannot file the adjustment of status petition until you and your fiance are married. This is one of the basic initial requirements of an adjustment of status petition.

However, you could begin working on getting the petition together before you are married so it is ready to file immediately after the marriage takes place.

Hope this helps.

There are some cases where a foreign national may qualify to become a lawful permanent resident based on sponsorship by a U.S. employer. However, that type of lawful permanent residency is beyond the scope of this article and the types of immigration information that can be conveyed through an online forum. Thus, this article will only deal with lawful permanent residency based on family relationships.

Generally speaking, only close relatives of U.S. citizens or lawful permanent residents qualify for lawful permanent residency status. Furthermore, the closer the familial relationship the more likely it is that a family member will be able to obtain a greencard quickly.

For example, spouses, children (unmarried and under age 21), and parents of U.S. Citizens are considered "immediate relatives" under U.S. immigration law and people in this category receive the most favored treatment. There is no annual cap on the number of visas that can be issued to immediate relatives. As a result, visa are available at all times for immediate relatives and the appropriate family member simply needs to file the correct petition.

Other family members may also qualify but there may be a substantial wait. You can see the a list of current wait times on the Visa Bulletin published by the Department of State.

Lawful Permanent Residency cards must be renewed every 10 years. It is very important to make sure that you file for a replacement green card well in advance of your current card's expiration date. The USCIS website provides some useful information on the green card renewal process.

In order to renew your green card you must file a Form I-90 petition with the USCIS. This form can be submitted in hard copy form via standard U.S. mail or it can be submitted online. The online filing process will expedite the processing of your petition and eliminates potential filing or mailing errors.

In order to qualify for Adjustment of status you must meet the following qualifications:

1. Must be in the U.S.

2. Must have entered the U.S. legally. Persons who entered without being inspected and admitted by a border official do not qualify. Basically, this means any person that snuck into the U.S.

3. Applicant for Adjustment of Status must be have current legal status in the U.S. This excludes any person who has overstayed his or her visa. For example, if a person enters the U.S. on a 3 month visitor visa and stays in the U.S. for 6 moths would not qualify. (*This does not apply to immediate relatives of U.S. Citizens who qualify for Adjustment of Status. Immediate relatives of U.S. Citizens qualify for Adjustment of Status even if they over-stayed their visa.)

4. An immigrant visa for the Adjustment of Status applicant must be immediately available. Generally, this excludes anyone who is not an immediate relative of a U.S. Citizen.

USCIS
P.O. Box 805887
Chicago, IL 60680-4120

For courier/express delivery:

USCIS
Attn: AOS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5520

*These addresses are only applicable to family-based cases.

Most people are naturally nervous about the adjustment of status interview. in reality, most of the time the interview is relatively simple and nothing to be concerned about. The primary purpose of the interview is for the USCIS to ensrue that all the information provided in the petition is accurate and complete. The USCIS may also want to confirm that all the required supporting documentation is in order. Although the interview is also intended to confirm that your marriage is a legitimate marriage, the USCIS simply needs to confirm that you and your spouse are living as husband and wife. The purpose of the interview is not to conduct and in-depth investigation of the intimate details of your relationship.

At the interview you will meet with a USCIS officer. He or she will review your file and ensure that all of the documentation is in order. The officer may ask a few simple questions about you and your spouse. For example, the officer may ask where and when you met. The questions are such that any couple who is living together in a bona fide martial relationship should be able to answer very easily. The questions are not trick questions and are designed to root out serious fraud.

For honest applicants the only thing to worry about is to make sure that you bring all of the documents that are request and arrive on time.

Alex, thank you for your question. With respect to the portion of your question that asks can your father who is a lawful permanent resident apply for an immigrant visa for you, the short answer is yes. You would qualify as a 2B preference and the proper form for this petition is the I-130. Unfortunately there is a substantial waiting period for visa applications for people in your category. The current waiting period is about 9 years.

However, even if your father applies, the petition is approved, and a visa number eventually becomes available for you this may require you to return to your home country to apply for the visa. If you are not in good status in the U.S. at the time your visa becomes available you likely will not qualify for adjustment of status. This might create some additional issues for you. I can't really comment on how it might be an issue for you or what to do because you case is a complicate one because of the pending asylum petition.

In any case, it would probably make since for your father to file a petition for you and get your place in the queue.

Good luck, hope this was helpful.

In order to qualify for political asylum in the United States you must establish that you are a "refugee" as that term is defined by U.S. law. U.S. law defines the term refugee as:

[A]ny person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

If you live in a country that is generally unstable economically or politically you will likely not qualify for asylum. The standard for asylum is very strict and requires a specific showing that you (personally) are persecuted because of your race, religion, political opinion, or nationality.

Dual citizenship is a term that is used to define a situation when a person holds citizenship for more than one country. It is possible to have dual citizenship. For example, if you are a German citizen and then become a naturalized U.S. Citizen, you can retain your German citizenship so long as the German government allows for this. The U.S. government has no say in another countries requirements for citizenship.

A certificate of naturalization, properly call a Certificate of Citizenship, is a USCIS document that provides evidence of one's status as a United States Citizen. In some cases, persons who obtained US Citizen automatically or by operation of law do not have any documentary proof of their status as a U.S. Citizen. These people should apply for a Certificate of Citizenship on Form N-600.

An application for naturalization can be filed 90 days before the applicant meets all the requirements to apply. So, she should be able to apply 90 days before she has been a LPR for 3 years.

Well, this is more of a social security law issues than an immigration law issue so I am not sure about the answer. However, I would be surprised if the law allowed for persons who lived and worked illegally in the U.S. to collect social security benefits even if you paid into the system.

1. Must be at least 18 years of age.
2. Must have been lawfully admitted to U.S. for permanent residence.
3. Must have resided in U.S. for 5 years prior to filing application. (*Three (3) years if you obtained residency through marriage to a U.S. Citizen.)
4. Must have been physically present in the U.S. for at least 30 months out of the previous 5 years.
5. Must have resided in state of application for at least 3 months.
6. Must have good moral character.
7. Must show attachment to the principles of the Constitution.
8. Must be able to read, write, speak, and understand English.
9. Must demonstrate a knowledge and understanding of the fundamentals of U.S. history and government.
10. Must take an oath of allegiance.

The UCSIS "Guide to Naturalization" is attached.

Hi Devin, consular processing only occurs after a immigrant or non-immigrant visa petition has been approved by the USCIS and sent the the U.S. Embassy or consulate for issuance of a visa. In some cases, a U.S. Citizen petition can file a petition for an immigrant visa for a family member directly at the U.S. Embassy or consulate if they have resided in the jurisdiction of the embassy or consulate for 6 months or more. These rules vary from post to post. Hope this helps.

Section 212(a)(3)(B)is a provision of law that was included in the US Patriot Act and provides:

(3) Security and related grounds. -

(B) Terrorist activities-

(i) In general. - Any alien who -

(I) has engaged in a terrorist activity,

(II) a consular officer or the Attorney General knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (iv),

(III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity,

(IV) is a representative (as defined in clause (v)) of--

(aa) a foreign terrorist organization, as designated by the Secretary of State under section 219, or

(bb) a political, social or other similar group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities,

(V) is a member of a foreign terrorist organization, as designated by the Secretary under section 219, which the alien knows or should have known is a terrorist organization, or

(VI) has used the alien's position of prominence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization, in a way that the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities, or

(VII) is the spouse or child of an alien who is inadmissible under this section, if the activity causing the alien to be found inadmissible occurred within the last 5 years, is inadmissible. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this Act, to be engaged in a terrorist activity.

I don't know the specifics of your case so I can't say why they think that this provision of law applies to you. However, based on the information you provided it appears that they are not denying your case on these grounds. Rather, it appears that they are simply holding your case in order to determine if any of the exemptions apply to your case. The grounds for exemption are:

(ii) Exception. -- Subclause (VII) of clause (i) does not apply to a spouse or child --

(I) who did not know or should not reasonably have known of the activity causing the alien to be found inadmissible under this section; or

(II ) whom the consular officer or Attorney General has reasonable grounds to believe has renounced the activity causing the alien to be found inadmissible under this section.

The law also provides that:

This clause shall not apply to any material support the alien afforded to an organization or individual that has committed terrorist activity, if the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, concludes in his sole unreviewable discretion, that this clause should not apply.

So, in your case it appears that they are reviewing whether or not any of the applicable exceptions apply to your case. If you have an attorney I would encourage you to discuss this matter in detail with him or her so they might assist you in obtaining the required exemption.

Many immigrant and non-immigrant visa petitions are ultimately processed by the U.S. Embassy or Consulate in the foreign national's country of residence. This is often a very confusing and difficult step in the visa application process for many people. However, the U.S. Department of State website has very useful information on this process.

If you have questions about visa processing at the U.S. Embassy or Consulate please visit the U.S. Department of State website.

Generally speaking, a work visa is a visa which specifically allows the visa holder to work in the United States. The most common example of this is an H visa. Persons who hold a work visa do not need a separate work permit to legally work in the U.S. The visa is the only document they need.

A work permit, technically referred to as an Employment Authorization Document, that allows a non-immigrant who holds a visa that is not a work visa to legally work in the U.S. For example, a student visa does not allow the student to work. However, a student is allowed to engage in Optional Practical Training if he or she applies for an Employment Authorization document. Other examples, in include K1 visa holders and applicant's for adjustment of status.

Good question.

The first part of your question is easy to answer. In most cases, you apply for a work permit, technically known as an Employment Authorization Document (EAD) by filing Form I-765. To be sure, some non-immigrant visas include the legal authorization to accept employment in the U.S. so no separate EAD is needed. Some common examples of this are the H1B visa, TN visa, and L1 visa.

EADs are typically issued to people who are in the process of applying for an immigrant visa that has not yet been issued. For example, applicant's for adjustment of status are entitled to apply for an EAD. Also, F1 students can apply for an EAD to pursue Optional Practical Training or OPT. These are just some examples. The instructions for the I-765 contains a complete list of those people who may qualify for an EAD.

The following is a non-exclusive list of persons who may qualify for an EAD.

1. Adjustment of Status Applicants.

2. Non-immigrant Fiance (K-1) of US Citizens and/or his or her dependent (K-2).

3. K3 visa recipients.

4. F-1 students seeking Optional Practical Training (OPT).

5. F-1 students offered off-campus employment under the sponsorship of a qualifying international organization.

6. F-1 students seeking off-campus employment due to severe economic hardship.

7. The spouse or minor child of an exchange visitor (J1).

In most cases, the employment authorization process involves a situation wherein a foreign national is changing or adjusting his or her immigration status. For example, if a foreign national entered the U.S. on a visitor visa (which does not allow you to work) and then marries a U.S. Citizen, he or she will apply to adjust his or her status to that of a lawful permanent resident. While the adjustment of status petition is being processed, the foreign national is entitle to apply for a Employment Authorization Document (EAD.) The EAD will allow the foreign national to work in the U.S. while the adjustment of status petition is pending.

This is the most common scenario that the EAD process is encountered with family-based visa petitions but the EAD process is used in other situations as well.

For applicant's who apply for and obtain an EAD while their Adjustment of Status petition is pending, the EAD may expire before the green card is issued. In these cases, it is important to apply for a new EAD. Keep in mind that it will take a minimum of 90 days to process your EAD application so it is important to file the new I-765 well in advance of the expiration date of the current EAD.

The USCIS will issue a new EAD based on your still pending Adjustment of Status petition.

In order to apply for an EAD, follow these steps:

1. Download and complete Form I-765.

2. Make a copy of your Form I-94 Departure Record (front and back).

3. Make a copy of your last EAD (front and back), if you have one.

4. Download and print the attached USCIS photograph instructions.

5. Take the instructions to a photographer who specializes in immigration or passport photos and obtain two passport-style color photographs. *These must be taken no earlier than 30 days before submission to USCIS.

6. Lightly print your name and your Alien Registration Number (A#), if known, on the back of each photo with a pencil.

7. Prepare a check made payable to the USCIS in the amount of $340.00. (*There is no filing fees if you are filing concurrently with form I-485.)

8. Sign the I-765 and enclose it with the check, photographs, and other required supporting documentation listed above.

9. Review the instructions on the I-765 and determine the appropriate USCIS office to mail your petition.

If you are not an attorney you should not be completing this form.

If you entered the country on a K visa, were married, and then divorced before you applied for adjustment of status you will no longer qualify to adjust your status to that of a lawful permanent resident.

If you already have adjusted your status to a lawful permanent resident and then were divorced you may be able to retain your lawful permanent resident status depending on the facts and circumstances of your case. These can be complicated and serious cases so you should retain an attorney to help you with your case.

Generally speaking minor discrepancies in documents like the one you describe are not a major problem. In your case it seems that her name is spelled correctly in all other documentation so it should be clear to any examiner that it was simply a clerical error. Additionally, the nature of the B1/B2 visa should not really be an issue in your fiance visa case. In any event, with this situation, as with any other similar situation I think that it is best to deal with the matter head on and point out the discrepancy in the cover letter to the USCIS. I would simply just note the discrepancy and indicate that it was a clerical error. Nothing else should be required. Best of luck.

In order to file a fiance visa petition you must meet the following qualifications:

1. The petitioner must be a U.S. Citizen.

2. The petitioner and the foreign national fiancé must both be eligible to be legally married in the U.S. For example, both parties must be single or legally divorced and must be of a legal age to be married.

3. The U.S. Citizen and foreign national fiancé must have met in person within two years of filing the fiancé visa petition unless the waiver requirements are met.

4. The U.S. Citizen must have sufficient income to support the foreign national fiancé and any dependents (children) the he or she may bring to the U.S. This requirement is based on the federal poverty guidelines. In order to determine if you meet these requirements visit the United States Department of Health & Human Services website at:

http://aspe.hhs.gov/poverty/

5. The U.S. Citizen and the foreign national must have a bona fide intent to be married within 90 days of the foreign national fiance's admission to the U.S. This requirement can be met with a simple letter signed by the U.S. Citizen and his or her foreign national fiance indicating an intent to be married.

Once of the most important pieces of the fiance visa petition is the supporting documentation.

You will need to provide a number of supporting documents and a variety of information about you and your fiance. Here is a list of the items most couples will need:

1. Photocopy of your U.S. Passport (copy all pages, even the blank ones); U.S. birth certificate; OR Certificate of Naturalization.

2. If you or your fiance were previously married, certified copies of divorce decrees from any prior marriages. You should be able to obtain this from the court where the divorce took place.

3. Photographs of you and your fiance together. (Preferably photographs that are date stamped or otherwise show the date taken.)

4. Photocopies of plane tickets, hotel receipts, restaurant receipts, and other similar documents to evidence that you traveled to meet your fiance in person.

5. Obtain (4 each) passport style photographs of you and your fiance (not together.)
The photographs must be taken no later than 30 days before the petition is filed. Make sure your petition is almost ready to file before you have these pictures taken.

6. If you or your fiance have ever changed your name you will need to provide copies of the legal documentation evidencing the name change.

7. If you have ever been convicted of any of the crimes listed in paragraph 9 of Form I-129F you must obtain certified copies of all court and police records related to the convictions.

The fiance visa or K-1 visa is a non-immigrant visa which is available to the fiances of U.S. Citizens. if approved the visa will allow the foreign national fiance to enter the U.S. for a period of 90 days for the purpose of marrying the U.S. Citizen who filed the fiance visa petition. The fiance visa has become a very important visa as the world as become a smaller place because of the internet and other information and communication technology improvements.

In order to qualify for a fiance visa, the U.S. Citizen and foreign national fiance must have met in person within the 2 year period before the petition is filed. The U.S. Citizen and applicant must also establish that they are both legally eligible to be married in the U.S. (Generally, this just means that the parties must be of the legal age to be married and all previous marriages must have been legally terminated.) The U.S. Citizen must also establish that she has the financial resources to support her fiance. Fortunately, this financial support requirement is relatively low and only requires the U.S. Citizen to establish that her income meets or exceeds the federal poverty guidelines.

To apply for a K1 fiance visa, the U.S. Citizen must file Form I-129F with the United States Citizenship and Immigration Services (USCIS) along with the required supporting documentation. If the application is approved it will be forwarded to the National Visa Center (NVC) for further processing. The NVC will then forward the approved petition to the U.S. Embassy which has jurisdiction over the foreign national's place of residence. The foreign national fiance is then required to complete and submit additional forms to the Department of State. (Specifically, form DS-156K. Male applicants must also file form DS-157.) Once the U.S. Consulate receives the forms and required supporting documentation, an interview will be scheduled. Assuming the application is approved the U.S. Embassy will issue a K-1 visa to the foreign national fiance.

The K1 visa will allow the foreign nation to make a single entry into the U.S. The visa is only valid for 90 days. If the U.S. Citizen and the foreign national fiance are not married before the 90 day period expires the fiance must return to his or her country.

After the marriage takes place, the U.S. Citizen and foreign national must file an additional application with the USCIS and request that the new foreign national spouse's status be adjusted to that of a lawful permanent resident.

May 2, 2008
One of the principle requirements for the K1 fiance visa is that the U.S. Citizen has met his or her foreign national fiance in person in the 2 year period immediately preceding the filing of the K1 petition. This requirement can be quite an obstacle for some people for many reasons. Sometimes it is simple a matter of the cost--international travel is very expensive. For others, it could be difficult because of a health or medical condition. In some cultures it is forbidden for a man and a woman to meet in person before they are married. In other cases, it is too dangerous to travel to the foreign country because of war or other events.

Fortunately there are some exceptions to the previous meeting requirement.The provisions of the Immigration & Nationality Act that created the K1 visa provide that the Attorney General has the authority to waive the previous meeting requirement. The Department of Homeland Security has interpreted this to mean that the requirement waived if the petitioner provides proof that compliance would:

• Result in extreme hardship to the petitioner
• Violate strict and long-standing customs of the beneficiaries foreign culture or social practice

The second circumstance under which a waiver may be granted is fairly clear. However, the circumstances that constitute "extreme hardship" are more ambiguous. There have been many administrative opinions dealing with this matter and "extreme hardship" has been found to include situations where:

• Petitioner in active military duty and was prevented from traveling to the Philippines
• Petitioner had acute anxiety disorder which prevented him from traveling
• Petitioner was in active military and war time deployments and expenses of foreign travel prevented him from meeting the requirement

This is not an exclusive list of situations that would meet the "extreme hardship" requirement but I think they illustrate the type of circumstance that is required to warrant a waiver.If you are interested in applying for a fiance visa but are unable to meet the previous meeting requirement you should consult an immigration attorney about whether or not the waiver may be applicable. Waivers are not easy to obtain but are obtainable if the matter is properly documented.

If you lost your green card you will need to apply for a replacement green card. You apply for a replacement green card using Form I-90.

It depends on the situation. If your husband is in the United States now on a visitor's visa then you can simply file a petition for adjustment of status. If he is not in the country now you will have to file an immigrant visa petition for him using Form I-130. We have a guide that tells you how to do this.

If he is in the country, you can follow the steps for adjustment of status in the fiance visa guide here.

You can only apply at the consulate in India if you have been a resident of India for at least 6 months. (At least this is the general rule, it varies from post to post so you would have to look at the web page for the specific post that has jurisdiction over your place of residence.)

In order to qualify for an immigrant visa, your wife must have a U.S. Citizen or lawful permanent relative file a petition for her. Only certain relatives can apply. For example, if you are a U.S. Citizen or lawful permanent resident you can apply for an immigrant visa for her. If you can provide more specific information about you and your wife's situation I can provide a more detailed answer.

Alex, thank you for your question. With respect to the portion of your question that asks can your father who is a lawful permanent resident apply for an immigrant visa for you, the short answer is yes. You would qualify as a 2B preference and the proper form for this petition is the I-130. Unfortunately there is a substantial waiting period for visa applications for people in your category. The current waiting period is about 9 years.

However, even if your father applies, the petition is approved, and a visa number eventually becomes available for you this may require you to return to your home country to apply for the visa. If you are not in good status in the U.S. at the time your visa becomes available you likely will not qualify for adjustment of status. This might create some additional issues for you. I can't really comment on how it might be an issue for you or what to do because you case is a complicate one because of the pending asylum petition.

In any case, it would probably make since for your father to file a petition for you and get your place in the queue.

Good luck, hope this was helpful.

The availability of green cards or immigrant visas in family-based immigration law cases is based on a preference system. Whether or not an immigrant visa is available and how long it will take is based on the nature of the relationship between the U.S. citizen or lawful permanent resident relative.

Unfortunately, there are no immigrant visas available for adult children of lawful permanent residents. Adult children are children who are over 21 years of age. However, there are immigrant visas available for adult children of U.S. Citizens so if your parents become U.S. Citizens they could file a petition for you. (They will not qualify for U.S. Citizenship until they have been lawful permanent residents for 5 years.)

However, in your case even if your parents did become citizens there is a long wait for immigrant visas for adult children of U.S. Citizens.

Furthermore, even if you eventually qualified for an immigrant visa through your parents you would have to deal with the issue of your unlawful presence in the U.S. Since you are out-of-status you would have to return to your home country to apply for a visa. Since you have overstayed your visa for so long you would be barred from entering the U.S. (even if you had an approved visa) for a period of 10 years and you would have to apply for a waiver.

None of this probably really matters because you would probably be looking at waiting at least 9 years before you could even get the visa and then you would still have to deal with the 10 year bar.

All you can really do now is hope for some sort of immigration reform or amnesty that would benefit you. Or maybe you'll fall in love and marry an American Citizen. If this happened you would be in good shape because you could adjust your status here. Best of luck.

The DV lottery is free but there are several websites out there that charge to file and application and try to appear to be the official site. The State Department website has a good discussion of the program:

http://travel.state.gov/visa/immigrants/types/types_1322.html

and the official site for the DV program is here but the program is closed for this year:

http://www.dvlottery.state.gov/

If you fall in one of the following 5 categories you may apply for an I-130 immigrant visa:

1. Immediate Relatives of U.S. Citizens. Spouses, unmarried children under the age of 21, and parents of U.S. Citizens. Children include step-children and adopted children if the adoption or marriage creating the step-child relationship took place before the child’s 18th birthday. Immediate Relatives are not subject to the per country annual limits; therefore once USCIS approves the foreign national's petition a visa becomes immediately available and the foreign national can immigrate to the U.S.

2. First Preference. Unmarried Sons and Daughters of U.S. Citizens.

3. Second Preference. Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents.

4. Third Preference. Married Sons and Daughters of Citizens.

5. Fourth Preference. Brothers and Sisters of Adult Citizens

The processing times for I-130's vary greatly depending on the relationship between the U.S. Citizen or LPR petitioner and the foreign national. In order to determine how long it will take for the visa to be processed you first need to determine the foreign national's preference class.

Once you have made this determination you can determine the processing time by looking up the priority date for that preference class on the Department of State website. The current visa bulletin will so the current processing time for your case

You can apply to extend your non-immigrant status by filing Form I-539. Use Form I-129 to apply for an E1, E2, or TN extension.

Good question and valid concern. I think that the best thing to do is to use any permanent address you have. I think that using the relative's address in the case is a good solution. However, I would indicate this in the your cover letter to the USCIS and explain why you have using an alternate address.

Section 212(a)(3)(B)is a provision of law that was included in the US Patriot Act and provides:

(3) Security and related grounds. -

(B) Terrorist activities-

(i) In general. - Any alien who -

(I) has engaged in a terrorist activity,

(II) a consular officer or the Attorney General knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (iv),

(III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity,

(IV) is a representative (as defined in clause (v)) of--

(aa) a foreign terrorist organization, as designated by the Secretary of State under section 219, or

(bb) a political, social or other similar group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities,

(V) is a member of a foreign terrorist organization, as designated by the Secretary under section 219, which the alien knows or should have known is a terrorist organization, or

(VI) has used the alien's position of prominence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization, in a way that the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities, or

(VII) is the spouse or child of an alien who is inadmissible under this section, if the activity causing the alien to be found inadmissible occurred within the last 5 years, is inadmissible. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this Act, to be engaged in a terrorist activity.

I don't know the specifics of your case so I can't say why they think that this provision of law applies to you. However, based on the information you provided it appears that they are not denying your case on these grounds. Rather, it appears that they are simply holding your case in order to determine if any of the exemptions apply to your case. The grounds for exemption are:

(ii) Exception. -- Subclause (VII) of clause (i) does not apply to a spouse or child --

(I) who did not know or should not reasonably have known of the activity causing the alien to be found inadmissible under this section; or

(II ) whom the consular officer or Attorney General has reasonable grounds to believe has renounced the activity causing the alien to be found inadmissible under this section.

The law also provides that:

This clause shall not apply to any material support the alien afforded to an organization or individual that has committed terrorist activity, if the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, concludes in his sole unreviewable discretion, that this clause should not apply.

So, in your case it appears that they are reviewing whether or not any of the applicable exceptions apply to your case. If you have an attorney I would encourage you to discuss this matter in detail with him or her so they might assist you in obtaining the required exemption.

Once you are married you will be an immediate relative of a U.S. Citizen and your wife can file an immigrant visa petition for you so you can enter the U.S. as a lawful permanent resident. This cannot be filed until you are married. The current USCIS processing time is about 6 months. However, after the USCIS approves the petition it is forwarded to the National Visa Center for further processing. After the NVC processes the case it will be forwarded to the appropriate US Embassy or consulate in Spain where you will apply for your visa. The total processing time varies but it will probably take about 12 months from the time your wife files the petition with the USCIS until you have visa in hand.

I have published a step-by-step guide to this process which should be helpful if you and your wife decide the handle the process on your own. Best of luck.

In order to qualify for an immigrant visa, your wife must have a U.S. Citizen or lawful permanent relative file a petition for her. Only certain relatives can apply. For example, if you are a U.S. Citizen or lawful permanent resident you can apply for an immigrant visa for her. If you can provide more specific information about you and your wife's situation I can provide a more detailed answer.

Alex, thank you for your question. With respect to the portion of your question that asks can your father who is a lawful permanent resident apply for an immigrant visa for you, the short answer is yes. You would qualify as a 2B preference and the proper form for this petition is the I-130. Unfortunately there is a substantial waiting period for visa applications for people in your category. The current waiting period is about 9 years.

However, even if your father applies, the petition is approved, and a visa number eventually becomes available for you this may require you to return to your home country to apply for the visa. If you are not in good status in the U.S. at the time your visa becomes available you likely will not qualify for adjustment of status. This might create some additional issues for you. I can't really comment on how it might be an issue for you or what to do because you case is a complicate one because of the pending asylum petition.

In any case, it would probably make since for your father to file a petition for you and get your place in the queue.

Good luck, hope this was helpful.

The availability of green cards or immigrant visas in family-based immigration law cases is based on a preference system. Whether or not an immigrant visa is available and how long it will take is based on the nature of the relationship between the U.S. citizen or lawful permanent resident relative.

Unfortunately, there are no immigrant visas available for adult children of lawful permanent residents. Adult children are children who are over 21 years of age. However, there are immigrant visas available for adult children of U.S. Citizens so if your parents become U.S. Citizens they could file a petition for you. (They will not qualify for U.S. Citizenship until they have been lawful permanent residents for 5 years.)

However, in your case even if your parents did become citizens there is a long wait for immigrant visas for adult children of U.S. Citizens.

Furthermore, even if you eventually qualified for an immigrant visa through your parents you would have to deal with the issue of your unlawful presence in the U.S. Since you are out-of-status you would have to return to your home country to apply for a visa. Since you have overstayed your visa for so long you would be barred from entering the U.S. (even if you had an approved visa) for a period of 10 years and you would have to apply for a waiver.

None of this probably really matters because you would probably be looking at waiting at least 9 years before you could even get the visa and then you would still have to deal with the 10 year bar.

All you can really do now is hope for some sort of immigration reform or amnesty that would benefit you. Or maybe you'll fall in love and marry an American Citizen. If this happened you would be in good shape because you could adjust your status here. Best of luck.

Many USCIS petitions require that the applicants submit passport-style photographs. The USCIS has certain specifications for these photographs and has published a guide for USCIS photos which can be downloaded from the USCIS website.

An I-94 is the document which is given to foreign nationals when they enter the U.S. The form is completed by a United States Customs & Border Protection (USCBP) agent at the port of entry. The I-94, not the visa, is the document which determines how long a foreign national may stay in the U.S. Most immigration forms require information from this document. You must also provide a copy of this document with your immigration petition. A sample I-94 is attached.

For further information on the I-94 visit the USCBP website:

http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/arrival_depa...

An I-551, commonly known as a green card, is a document which evidences ones status as a lawful permanent resident of the United States. The I-551 is used as evidence of a residents ability to accept employment in the U.S. as well as evidence that the resident is entitled to enter the U.S. without a visa.

Below we have attached a sample I-551.

An Alien Registration Number or A# is an eight or nine digit number that is assigned to foreign nationals by the United States Bureau of Citizenship & Immigration Services. Foreign nationals who apply for visas without a U.S. relative or employer petition may not have an A#. Most immigrations forms request the A# number. If you do not have an A# just leave this field blank.

Upon submission of a petition to the USCIS you will be assigned an A#. You can find your A# on the USCIS filing receipt you will receive after the USCIS receives and processes you petition.

A visa is a document issued by the U.S. government to foreign nationals which allows the foreign national to present himself at the U.S. border and apply for entry to the U.S. A common misconception is that a visa actually guarantees entry into the U.S. This is not true. All decisions regarding admission of foreign nationals are made at the U.S. port of entry by a United States Customs & Border Protection (USCBP) official. Although it is not common, foreign nationals with valid and unexpired U.S. visas may be denied entry at the U.S. port.

For example, most visitor visas are valid for a period of up to 10 years. However, this does not mean that the foreign national may stay in the U.S. for 10 years. This only means that the foreign national may present himself at the U.S. border and request admission as a visitor during the 10 year period. The USCBP official at the port of entry will issue a I-94 form to the foreign national which will indicate the length of time the foreign national may stay in the U.S.

Visas are issued by the United States Department of State through the U.S. Consular office in the foreign national's country of residence.

Most immigration forms require certain information from the visa document, such as the visa number, issue date, expiration date and other information. Most applications also require a photo copy of the visa. Visas are typically affixed to a page in the foreign national's passport.

A copy of a standard non-immigrant visa is attached.

First of all, you have to have a basis to apply for lawful permanent residency. If you don't have a basis to apply then you don't have any options. Since this site only deals with family-based immigration issues I will only discuss those options. There may be other paths to lawful permanent residency through employment. So, in order to stay in the U.S. and obtain residency here you would have to be an immediate relative of a U.S. Citizen (spouse, child (unmarried and under 21), or parent. You must also have entered the country legally. If you don't meet these requirements you can not apply for lawful permanent residency while you are in the U.S. If you have a relative that is a U.S. Citizen they may sill be able to apply for you but you would have to return to your country and wait for the visa to be approved.

In order to qualify for an immigrant visa, your wife must have a U.S. Citizen or lawful permanent relative file a petition for her. Only certain relatives can apply. For example, if you are a U.S. Citizen or lawful permanent resident you can apply for an immigrant visa for her. If you can provide more specific information about you and your wife's situation I can provide a more detailed answer.

Alex, thank you for your question. With respect to the portion of your question that asks can your father who is a lawful permanent resident apply for an immigrant visa for you, the short answer is yes. You would qualify as a 2B preference and the proper form for this petition is the I-130. Unfortunately there is a substantial waiting period for visa applications for people in your category. The current waiting period is about 9 years.

However, even if your father applies, the petition is approved, and a visa number eventually becomes available for you this may require you to return to your home country to apply for the visa. If you are not in good status in the U.S. at the time your visa becomes available you likely will not qualify for adjustment of status. This might create some additional issues for you. I can't really comment on how it might be an issue for you or what to do because you case is a complicate one because of the pending asylum petition.

In any case, it would probably make since for your father to file a petition for you and get your place in the queue.

Good luck, hope this was helpful.

Section 212(a)(3)(B)is a provision of law that was included in the US Patriot Act and provides:

(3) Security and related grounds. -

(B) Terrorist activities-

(i) In general. - Any alien who -

(I) has engaged in a terrorist activity,

(II) a consular officer or the Attorney General knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (iv),

(III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity,

(IV) is a representative (as defined in clause (v)) of--

(aa) a foreign terrorist organization, as designated by the Secretary of State under section 219, or

(bb) a political, social or other similar group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities,

(V) is a member of a foreign terrorist organization, as designated by the Secretary under section 219, which the alien knows or should have known is a terrorist organization, or

(VI) has used the alien's position of prominence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization, in a way that the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities, or

(VII) is the spouse or child of an alien who is inadmissible under this section, if the activity causing the alien to be found inadmissible occurred within the last 5 years, is inadmissible. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this Act, to be engaged in a terrorist activity.

I don't know the specifics of your case so I can't say why they think that this provision of law applies to you. However, based on the information you provided it appears that they are not denying your case on these grounds. Rather, it appears that they are simply holding your case in order to determine if any of the exemptions apply to your case. The grounds for exemption are:

(ii) Exception. -- Subclause (VII) of clause (i) does not apply to a spouse or child --

(I) who did not know or should not reasonably have known of the activity causing the alien to be found inadmissible under this section; or

(II ) whom the consular officer or Attorney General has reasonable grounds to believe has renounced the activity causing the alien to be found inadmissible under this section.

The law also provides that:

This clause shall not apply to any material support the alien afforded to an organization or individual that has committed terrorist activity, if the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, concludes in his sole unreviewable discretion, that this clause should not apply.

So, in your case it appears that they are reviewing whether or not any of the applicable exceptions apply to your case. If you have an attorney I would encourage you to discuss this matter in detail with him or her so they might assist you in obtaining the required exemption.

The Child Status Protection Act only applies to the children of U.S. Citizens. Based on the information you have provide it doesn't seem that this would be of any help to your brother. However, once your parents obtain lawful permanent residency they can file an I-130 for your brother and he would be in the 2A or 2B preference category and the petition will be processed much faster than the current I-130 which is 4th preference. The Child Status Protection Act might help keep him in the 2A category but it depends. Hope this helps.

I don't deal with student visas a lot because these are generally dealt with by college and universities through there offices of international students. Before you can apply for a student visa you will need to apply and have been accepted to a full time program of study in the U.S. that meets the requirements for the F1 student visa (most all full time university programs meet this requirement.) One you have been accepted the school should be able to assist you in applying for the appropriate visa. With respect to working, the F1 visa doesn't allow you to work in most cases. It does offer a period of Optional Practical Training or OPT after you complete your course of study which can be a paid position.

Unfortunately, there is probably not a lot you can do to help him. When a person enters the country illegally and stays for more than 1 year they are banned from returning to the country for 10 years. Even if this person had a lawful means to immigrate to this country (i.e. close relative who is U.S. Citizen) he would have trouble because of his unlawful presence in the U.S. and because he is now in removal proceedings.

Good question and valid concern. I think that the best thing to do is to use any permanent address you have. I think that using the relative's address in the case is a good solution. However, I would indicate this in the your cover letter to the USCIS and explain why you have using an alternate address.

A Request for Additional Evidence or RFE is a form that the USCIS will send if it needs additional information in order to process your petition. It does not mean that there is a problem with your petition and it is generally nothing to worry about. Most often an RFE is issued because the applicant fails to include one or more of the required supporting documents.

If you receive an RFE, the first thing you should do is determine the date by which you must respond to the RFE. Usually, the USCIS requires that you respond to the RFE within about 80 days from the date of the RFE. Figure out when this is and put it on your calendar. If you do not respond to the RFE within this time frame your petition will be denied.

After you have put the response deadline on your calendar, carefully review the RFE and determine what documents the USCIS is requesting. Sometimes the RFE's are not very clear so read them carefully and provide them with the documents they request even if you believe you have already submitted them.

Send the requested documents back to the USCIS at the address listed on the RFE. Be sure to enclose a copy of the RFE with your letter to the USCIS and retain one for your records.

You can apply to extend your tourist visa by completing and filing Form I-539 with the USCIS. A tourist visa can only be extended for a total period of 1 year. Be sure to include a cover letter with you petition explaining why you need an extension. You should also include evidence that you have sufficient financial resources to support yourself while you are in the U.S. and that you have a return ticket to your home country.

It is fairly simple to apply for a B1 visa. The Department of state website has a list of required documents to apply for this visa.