Q.If my Fiance entered the U.S. on a K visa, but had to leave before we were married, what can I do get my Fiance a new K visa?.
A.K visas are issued valid for a single entry and a 6-month period.
If a beneficiary has returned abroad prior to the marriage, the consular officer may issue a new K visa provided that the period of validity does not exceed the 90th day after initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and may marry.
After the 90th day, unless other arrangements have been made with USCIS prior to your Fiance’s departure, you will need to start the K visa process again.
Q.How long do I have to be married to a U.S. citizen to get U.S. citizenship?
A.First, marriage to a U.S. citizen makes you eligible for a green card. Having a green card for a certain number of years is one of the requirements for U.S. citizenship. But it’s a multi-step process. Even if your U.S. citizen husband sponsors you, you cannot file directly to become a U.S. citizen without going through these steps.
Q.If I have been convicted of a crime but my record has been expunged, do I need to indicate that on my application or tell an Immigration officer?
A.Yes. It is important to always be honest with Immigration regarding all: arrests, including those by police, immigration officers, and other federal agents; convictions, even if they have been expunged; and crimes you have committed, regardless of whether you were arrested or convicted. Even if you have committed a minor crime, USCIS may deny your application if you do not tell the Immigration officer about the incident and they find out about it.
Q.Who qualifies for a I-601A provisional waiver in the United States?.
A.To qualify, a person must be at least 17 years old, and be the beneficiary of an approved I-130 visa petition as an “immediate relative” of a U.S. citizen.
Immediate relatives are spouses, parents, and children of U.S. citizens. To be a “parent”, the sponsoring son or daughter must be at least 21 years of age. To be a “child”, the person must be under 21 , although many persons over 21 may still be classified as children under the Child Status Protection Act (CSPA).
The law requires that to obtain a waiver, the applicant must demonstrate “extreme hardship” to a qualifying relative. Qualifying relatives must be spouses or parents who are U.S. citizens or lawful permanent residents (LPRs). However, a person with only an LPR spouse or parent, while eligible to apply for a regular I-601 waiver abroad, is ineligible to qualify for an I-601A provisional waiver in the U.S.
Q.How much money do I have to invest for an E-2 Treaty Investor Visa? How do I prove the money is committed?
A.You must demonstrate that the capital you invest is irrevocably committed to the enterprise and subject to partial or total loss in the event that the entity fails. We often use an escrow account to show this. The funds you invest must also be your own. Additionally, the invested funds must be substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise you are considering.
Q.I am in the United States on a temporary visit and wish to obtain a “green card”, what can I do?
A.Adjusting immigration status while in the United States, can be possible, but before you take any action you should speak to an immigration attorney. USCIS has some very strict rules governing what can be done on non-immigrant visa or the ESTA program. Often times it is possible, but it must be done carefully.