A foreign national who enters the United States on a tourist visa with the preconceived intent to marry a U.S. citizen and then stay to adjust status for a green card would be committing immigration fraud.

However, if a foreign national enters the U.S. with a genuine intent to visit... View More

You should not intentionally use a visitor visa to enter the United States to marry a U.S. Citizen and then pursue adjustment of status. There is a specific kind of visa for that purpose. It is called a K-1 fiance(e) visa. If you do as you indicated was your intention, to enter on a visitor... View More

J-1 visa holders must exit the United States by the end of their I-94 expiration date. They are granted a 30-day grace period to leave the country after this expiration date. After this grace period, they begin to accrue unlawful presence.

If a J-1 visa holder accrues more than six months... View More

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answered on May 7, 2025

Yes, withholding of removal can be contested beyond an asylum officer's decision. Unlike asylum, withholding of removal can only be granted by an Immigration Judge (IJ), not an asylum officer.

If an asylum officer denies withholding of removal, the case may be referred to an... View More

I think you are better off retaining California counsel who tells you they are familiar with or can become familiar with the federal pension issues. The Federal Government is in California and protecting pensions from it is part of a California lawyer's role when preparing a prenup. Further,... View More

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answered on May 5, 2025

Thank you for your question. If your permanent resident card (green card) is expired or will expire while you are traveling outside the U.S., you may encounter difficulties re-entering the United States, even if your naturalization (citizenship) application is pending. Airlines may not let you... View More

If you apply for naturalization soon, the receipt notice for that case generated by USCIS will have language on it extending the validity of your expired/expiring permanent resident card by 24 months. So, there should be no need for you to seek an I-551 stamp. See generally... View More

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answered on May 5, 2025

Switching from an H-1B visa (which allows employment in the U.S.) to an F-2 visa (which is a dependent visa for spouses and children of F-1 students) can significantly impact your green card process. Here’s how:

1. Loss of Work Authorization – The F-2 visa does not allow employment,... View More

Generally speaking, you should be able to drive a car in California with a European driver's license. Whether the rental car agency will rent you a vehicle without an American license will depend on the agency, but most do. In the event you rent a car and get involved in a crash, the rental... View More

You could retain a skilled lawyer who will focus on your son's case. A significant fact, which you might not know, is that immigration law gives nearly automatic status to a person claiming to be a "victim" of domestic battery. So your son's former domestic partner can get what... View More

If I’m reading your facts correctly, these cases were brought against you, not against her. You were the alleged perpetrator, she was the alleged victim. In that case, they will have no affect at all.

A U.S. LPR who has remained outside the United States for longer than one year generally requires a new immigrant visa to reenter and resume permanent residence. Given your 10-year absence, your LPR status may be considered abandoned.

To attempt to reenter as a returning resident, you... View More

You definitely are watching too much television and the fear migraine that they espouse. Your Japanese fiancé would be considered in the immediate relative category. Immigrants in this category are treated like the gold standard and always will be. So you have nothing to worry about as long as... View More

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answered on Apr 28, 2025

Whether your wife should disclose her Employment Authorization Document (EAD) status to her H-1B cap-exempt employer depends on several factors, including company policies, immigration implications, and personal preferences.

Here is the key consideration:

Legal Requirement: There... View More

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answered on Apr 28, 2025

Re-entering the U.S. on an F1 visa after a green card denial can be tricky, but it’s definitely possible if you prepare properly. Since USCIS advised you to continue using your F1 visa status, your primary concern should be ensuring that you meet all re-entry requirements but most importantly... View More

If you meet the residency requirements, 6 months in the state of California, and 3 months in your county, you are able to file for dissolution of marriage in California regardless if you got married in another country.

In regard to recognizing the divorce in India, I would speak with... View More

You probably should sit down with a lawyer for a consult. You may not need a Will at all if all of your assets are liquid like bank or stock accounts. The beneficiary clauses work so well that such planning has long ago earned the informal name of a "poorman's will." There will... View More

A U.S. citizen can sponsor a foreign national for a green card if they entered the country on a visitor visa and did not misrepresent their intent upon entry. It is legally permissible if the individual later decides to stay permanently after marriage.

For example, if marriage was... View More

You have to spend at least 183 days a year in Florida as well as getting the drivers' license, voter registration, a declaration of domicile, and proof of residency such as establishing bank accounts and utilities. I would not attempt to work around this given your security clearance. You do... View More

You may have a strong legal basis to recover the jewelry, valued at over 70 grams of 21k gold, taken by your spouse without permission. If the jewelry is your separate property (e.g., acquired before the marriage or as a gift), you retain exclusive ownership under California Family Code § 770. If... View More