attorneys at law
Agambila Associates
NEWS
Frequently Asked Questions
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Question:
I was previously ordered removed from the U.S. My wife is a U.S citizen Can I still apply for adjustment of status in the U.S.
Answer:
No. To apply for adjustment of status in the U.S., you first have to reopen your removal/deportation proceedings and adjust your status through the reopened immigration court proceeding. An attorney can help you determine the liklihood of having your proceedings reopened. It is important to know your chances of having your case reopened before filing any case.
Question:
I was recently granted 2 year conditional residence. Why do others get a 10 year permanent status?
Answer :
Conditional Residence: marriages that are less than 2 years old on the approval date result in the grant of conditional residence. It is imperative that applications be filed 3 months prior to the end of the conditional period. That application has to be supported by documentary evidence of the marriage. Upon receipt, USCIS issues a receipt. That receipt is also an extension of the Green Card for 1 year. Once properly filed, USCIS does one or more of the following: 1. Approve the case. 2. Request additional documents or 3. Schedule an interview.
Requests for further evidence require the submission of documents not previously submitted.
There’s no specific time frame for approvals, requests or interviews. If there is no action taken prior to the expiration of the one year extension, then schedule an appointment through INFOPASS to have your status stamped in your passport.
Question
I was granted a 2 year conditional Green Card based on marriage, however, we divorced 1 year. Can I still get my permanent Green Card?
Answer
Yes, you may request a waiver of the joint filling requirement in your application to remove your conditions of residence.
Question:
I have been caring for my brother’s children after his death. Can I apply for them to come to the US?
Answer:
No. You can't apply for them as your children. You can however, adopt them and then petition for them to enter the US as your adopted children.
Question:
After I petitioned for my children, the US consulate requested DNA which showed that two of them were not my children. What can I do next?
Answer:
You can file those applications again, and do the DNA a second time to be certain. If the second DNA tests confirm the first results, then you should consider adopting them, provided they are not older than 16 years old.
Question:
I recently won the Visa Lottery. Can I apply for adjustment of status in the United States?
Answer:
No, you can only apply for adjustment of status in the United States if your 1-94 has not expired or you are on some current status, such as an F-1 or H visa status.
Question:
I am married to a US citizen and we have 3 children together. I entered the US without a valid visa. Can my wife or adult child file an adjustment of status application for me.
Answer:
No, only those who entered the US with inspection - with a valid visa and I-94, can apply for adjustment of status in the US. If you entered through Mexico or the Canada border without inspection, you cannot adjust your status in the US. However, those who entered with some other person’s valid documents may apply for a waiver.
Immigration Reform News: This week an article in the Wall Street Journal outlined several reasons why immigration reform may still pass this year. It suggested that “conversations with officials from both the executive and the legislative branches in recent days suggest the chances may have ticked up a bit. We should know for sure in the next few months or so”. The article gives the following 3 reasons for its optimism: 1. House Speaker John Boehner has shown that he wants to get it done. 2. The “heaviest stretch of the primary - election season will soon pass” - advocates think that the chances for immigration reform will improve once primary elections are over. 3. The business and religions communities want reform.
Frequently Asked Questions
Question:
How do I go about filing applications for my family to come to the United States?
Answer:
Consular Processing: In petitioning for relatives abroad, the initial process involves filing the USCIS Form I-130 and the Biographic forms, where applicable. Upon receipt, USCIS issues a receipt on a USCIS Form I-797C, Notice of Action. Several months later, depending on satisfactory submissions, the petition is approved, and the petition forwarded to the National Visa Center for further processing. Process at the National Visa Center includes the Affidavit of Support and the Immigrant Visa Application, with supporting documents.
Question:
I recently got my green card. How can I change my name?
Answer:
You can change your name during your citizenship application or through a change of name in civil court.