Immigration questions and answers free from Delfina Goldston

Does my wife need to update her name on her green card before filing an I-130 for me (husband/spouse)?

I'm a foreign national who married my wife who is a US permanent resident. We got married in the usa and she chose my surname upon marriage. (1.) Does my wife, as the I130 petitioner, need to submit an application for a new permanent resident card with her surname that is updated before filing the I-130 or will our US marriage certificate suffice? (2.) Also, she has 3 middle names (Example: Jane Alexandria Victoria Elizabeth Doe). Her permanent resident card has all her old names; yet, our marriage certificate merely has her first name, first middle name, second middle name initial and my new surname (Example: Jane Alexandria V Thomas). Which name should she contain on the I130 in accordance with my first question? Thank you.
A: Almost daily is changing and it is unwise to put it to try to represent yourself in an immigration issue. Just an Immigration lawyer has the expertise to correctly fill out immigration forms and put together the right bundle of records and other evidence to support the immigration benefits you're attempting to get. Nevertheless, particularly in these turbulent times, you should retain an immigration attorney. This is not a do it yourself endeavor! You need to concentrate on retaining experienced immigration counsel, especially now since Trump is now President, that immigration is a great deal more restrictive.

I have my green card and want to apply for my Citizenship but I have a juvenile record will I get denied automatically?

A: Not mechanically. However, you need to work with an immigration lawyer to determine whether the criminal record is problematic for naturalization. It depends upon the offense.

My husband received a waived deportation document from a immigration judge, what to do with that document?

My husband is ex Marine but to recieved or grant for citizenship and green in USA, so we have to carry on to fill I 130 and I 485 or what we should do?
A: Do you mean the judge terminated proceedings? Or did she or he allow you a waiver? If so, what type of waiver? (there are many!) You need to take a seat with an immigration lawyer for a consultation. As these issues could be very fact specific, free consultations are offered by many of us.

I m a US citizen married a Nigerian and petition for him to come to US. separated after 6 month. How can I divorce him?

May 2015, we wed in his country. He arrive in US May 2016 for him to come after I petitioned. He's got a 2 year green card. We split Nov 2016 due to his aggressive behaviour and signs which he can have married me to come to US. I needed to phone law enforcement at that time and he offered to leave and told policeman that is is giving up his right to reside in the home I've owned for 8 years. The policemen helped him to remove what personal items that were left in the home. He had removed most items a week prior to me having to phone the authorities. What's my duty and can I file for divorce in the typical manner? Thanks
A: Yes, your divorce would be filed the same regardless.

Does it matter whether we get married in the UK or USA if my fiance is British and wishes to move here with me?

My fiancee is British. She comes over here on a tourist visa several times a year. My goal would be to get her live with me here. I'm a naturalized citizen, employed full time. Does it make any difference whether we get married here or there, if she were to apply to dwell here?
A: Make any difference for what goals? Your question lacks sufficient detail. The best first step is a First Consultation with an Attorney. You can read more about me, my credentials, awards, honours, testimonials, and media appearances/ publications on my law practice web site. I practice law in these areas of law in CA, NY, MA, and DC: Education Law & Contracts, Criminal Defense, Divorce & Child Custody, and Company. This response doesn't constitute legal advice; make warranties, guarantees, or any predictions; or create any Attorney-Client relationship.

I won a green card through Diversity Immigrant Visa Program. My question is do I have to maintain my F1 status?

I am F1 student. I acquired a green card through Diversity Immigrant Visa Program. My question is do I have to keep my F1 status while awaiting my Interview?
A: YES! While living in the united states you ought to always maintain status.

How can I protect my illegal husband of 20 years from deportation? I'm a US born citizen and we have 3 children.

He entered before we married and got caught, so he had orders. He left, but came back 18 months after, after we married, and was not found the second time. He's got no criminal record other when compared to a seatbelt ticket. Our children are ages 19, 15, and 12. He has no visa. Without having to leave, how can he get legalized? We have been married 20 years. I'm frightened for him. Will someone please answer me? A: Consider contacting a lawyer for a consultation. Scenarios in this way are highly fact specific. It is tough to work out without more information, although there could be a means to assist your husband. I 'm US citizen who married my wife in Jamaica. What's the best alternative to bring my wife to the USA? Affordable attorneys? What is the avg. fee rate from beginning to end? To understand the method. Is the green card just like partner visa? Is there any who applied for Visa has the process slowed down as a result of Trump's new executive order?
A: The Trump EO shouldn't slow down the processing of the I-130 petition for a Jamaican citizen. Finest way to appraise your wife's situation would be to discuss in a consultation setting with multiple lawyers and ask for price quotes during the consult. Many immigration attorneys offer free consultations. Pick the one you feel most comfortable with and rather who's an AILA member (American Immigration Lawyers Association).

Can I file I-130 for my 15 year-old daughter whose mother is not my legal wife?

I am a US citizen. I have a 15 year old daughter who was born in Hong Kong. Her mother is not my legal wife. Can I bring her into the USA for permanent residency?
A: Yes. For her to get a green card, as long as she is your biological daughter under the age of 21, you can file. She is going to likely derive citizenship from you below the Child Citizenship Act of 2000 as long as you have shared legal custody, if she enters the USA before the age of 18. If not, until she is qualified to file for naturalization on her own, she would continue to be permanent resident. Consider working with an attorney to sort this out.

LPR documents requirement when travel outside U.S.

My mom is LPR, and she intends to travel outside U.S. in this summer. After reading the document "Traveling outside of the U.S. - Files needed for Lawful Permanent Residents (LPR)/Green Card holders" on U.S. Customs and Border Protection website. it says," Foreign nationals who've applied for permanent residency may need to be approved for advance parole prior to traveling out of the U.S. In order to be readmitted when traveling back to the U.S. (H1, H4, L1, L2, K3, K4 or V2, V3 holders don't need advance parole to travel abroad after applying to adjust status." I wonder, does my mother need to file parole prior in advance in order to be readmitted when traveling back to the U.S. ? Another concern, her green card will expire on March 2018. Is she ok to travel outside U.S. in December? As an LPR, how long can she remain outside U.S.? Exactly how many days can she remain outside U.S. if she travels multiple times during a year? Thank you in advance for your response
A: For every one of the specifics either contact an immigration attorney or visit the USCIS office in Denver (schedule a meeting online since they don't meet non-scheduled parties). An attorney will charge a fee and the USCIS is not going to charge you (but you'll need to wait). Complex parole is for those who are applying for PR status, but have not been granted formal PR acceptance. In other words, provided the green card continues to be valid advanced parole isn't usually needed.Within the limits of "temporary" journey, there aren't any limitations of how many times a permanent resident leaves the US, provided that they still meet the minimal amount of time in the US required to maintain the PR status (i.e. 6 months or longer outside the US can result in LPR desertion).For the details of PR requisites review the PR application directions. The USCIS webpage should also have this information available.Depending on when she files for a renewal and when your mother is outside the US an advanced parole may be needed.Finally, recall a valid foreign passport AND a valid green card are required to leave and reenter the US for green card holders.