FREQUENTLY ASKED
QUESTIONS
Welcome to the immigration FAQ section of the Law Offices of Osas Iyamu, LLC, where we guide you through the U.S. immigration system. We address common questions related to family-based petitions, non-immigrant visas, waivers of inadmissibility, and U.S. citizenship.
This section offers general guidance. Explore the FAQs below for general guidance!
A: Your A-Number can be found in various USCIS documents, including:
1. Permanent Resident Card (Green Card): Located on the front side, labeled as “A#” or “USCIS#”
2. Employment Authorization Document (EAD): Listed as “A#” or “USCIS#”
3. Naturalization Certificate: included on the certificate issued after naturalization
4. Immigration Notices (Form I-797): Displayed at the top or within the notice
5. For certain visas, like immigrant visas, the A-Number appears on the visa stamp in the passport.
6. Immigration Court Documents: Present on legal notices and orders
A: The timeline for obtaining a CRBA varies, but you should begin the process as soon as possible after the child’s birth. It typically involves an interview at the U.S. embassy or consulate and providing all required documentation. The process can take several weeks to a few months.
A: The A-Number is integral to various immigration processes, including:
1. Application Tracking: Helps USCIS and other agencies monitor the status of applications and petitions.
2. Record Keeping: Maintains a consistent record of an individual’s immigration history.
3. Benefit Eligibility: Determines eligibility for immigration benefits, such as naturalization, permanent residency, and work authorization.
4. Security and Identification: Assists in verifying identity and background checks during immigration procedures.
A: If you lose your A-Number, you can locate it by:
1. Reviewing Immigration Documents: Check your Green Card, EAD, Naturalization Certificate, or any official USCIS notices.
2. Accessing Online Accounts: Log into your USCIS online account, where your profile may display the A-Number.
3. Contact USCIS: Reach out to USCIS Customer Service for assistance retrieving your A-Number.
Keeping your A-Number secure and confidential is essential to protect your personal information.
A: No, USCIS permanently assigns you an A-Number, and you cannot change it. It remains consistent throughout your interactions with U.S. immigration authorities. This applies even if your status changes or you naturalize.
A: While not all immigration applications require an A-Number, having one can streamline the process. Applications for benefits like permanent residency, work authorization, and naturalization typically require an A-Number. This number links your application to your immigration records accurately.
A: The A-Number enhances security by providing a unique identifier. It helps prevent identity fraud and ensures accurate tracking of immigration records. It facilitates efficient communication between different government agencies, aiding in background checks, eligibility verification, and enforcement of immigration laws.
A: Yes, once you receive the CRBA, you can apply for your child’s U.S. passport. With this passport, they can travel freely to and from the United States.
A:If neither parent is genetically related, the U.S. parent must prove legal parentage to pass citizenship. This often applies to surrogacy and same-sex couples.
ACitizen parent needs 5 years in the U.S., 2 after age 14, to pass citizenship.
A: To prove acquired citizenship, you will need to apply for a Consular Report of Birth Abroad (CRBA) at a U.S. embassy or consulate. You’ll need to provide:
- Proof of the U.S. citizen parent’s citizenship.
- The child’s foreign birth certificate.
- Evidence of the parent’s residency or physical presence in the U.S.
- Legal documentation of parentage (especially important in ART cases).
Learn more
A: Yes, children born abroad through surrogacy can acquire U.S. citizenship if the U.S. citizen parent(s) meet the residency or physical presence requirements and can establish legal parentage. This may require proof of a genetic relationship or recognition of legal parentage by the foreign jurisdiction.
A.Yes, same-sex couples can pass U.S. citizenship to children born through ART. One parent must be a U.S. citizen and establish legal parentage. U.S. law recognizes both parents listed on the birth certificate, even if one has no genetic link.
A: To apply for a CRBA, contact the nearest U.S. Embassy or Consulate where the child was born. You must complete the required forms and submit supporting documents to confirm the child’s citizenship.
A: In most cases, U.S. law requires a genetic connection between the citizen parent and child for acquired citizenship. However, recent legal changes have expanded recognition of legal parentage, especially for same-sex couples and surrogacy cases. As a result, a genetic connection may not always be necessary if parentage meets legal requirements.
A:Parents can pass citizenship to future generations if they meet the required residency conditions at their child’s birth. However, each case depends on the parent’s specific circumstances and eligibility requirements.
A: You may need the following documents to prove acquired citizenship:
1. Proof of the parent’s U.S. citizenship (e.g., U.S. passport or certificate of naturalization).
2. The child’s foreign birth certificate.
3. Evidence that the U.S. citizen parent(s) met the residency or physical presence requirements.
4. Proof of the relationship between the parent(s) and child (if needed).
A: Yes, Citizens acquire citizenship automatically at birth if they meet the legal requirements. The child must apply for documentation to confirm their U.S. citizenship. This includes a Consular Report of Birth Abroad (CRBA).
A: The specific requirements depend on the child’s birth and the parent’s marital status. The U.S. citizen parent(s) generally must have lived in the U.S. for a specific number of years. Part of this time must be after the parent turned 14.
A: A child qualifies for acquired citizenship if at least one parent was a U.S. citizen at birth. The parent(s) must have met specific physical presence or residency requirements in the U.S. before the child’s birth.
A: You can transfer schools, but you must inform both your current and new schools. Additionally, update your SEVIS record and obtain a new Form I-20 from the new institution. Always consult with your DSO to follow the correct procedure.
A:
1. F-1 Visa: You can remain in the U.S. for 60 days after completing your academic program or after your OPT ends.
2. M-1 Visa: You have 30 days to leave the U.S. after completing your studies.
A: Yes, you can travel, but make sure your visa is valid. Also, ensure that your designated school official (DSO) signs your Form I-20 for travel. Re-entry to the U.S. requires you to maintain your student status.
A: If your visa is denied, the consular officer will explain the reason for the denial. Common reasons include incomplete documentation, failure to prove financial ability, or intent to immigrate. You may reapply if you can address the concerns raised.
A: If you are in the U.S. on another visa type and wish to become a student, you can apply to change your status. You may apply for a change to F-1 or M-1 status. You must submit a Form I-539, Application to Extend/Change Nonimmigrant Status, along with proof of acceptance to a SEVP-certified school.
A: Your spouse and unmarried children under 21 can apply for F-2 visas if you are an F-1 student. If you are an M-1 student, they can apply for M-2 visas to accompany you. They cannot work, and F-2 children can attend school while in the U.S.
A: SEVIS stands for the Student and Exchange Visitor Information System. It is a U.S. government database that tracks international students and their dependents in the U.S. SEVIS registration and fee payment (I-901) are essential for maintaining your student visa status.
A:
1. F-1 Visa: You are allowed to work on-campus for up to 20 hours per week during the academic year and full-time during breaks. Programs like Optional Practical Training (OPT) and Curricular Practical Training (CPT) limit off-campus employment and require approval.
2. M-1 Visa: Work options are more limited, and M-1 students can only engage in practical training after completing their studies.
A: The processing time varies depending on the country and the U.S. embassy or consulate. Visa processing can generally take a few weeks, so it’s best to apply as early as possible. Typically, you should apply 3-5 months before your program start date.
A: You will need:
1. Form I-20 from your school.
2. Proof of SEVIS fee payment (Form I-901 receipt).
3. A valid passport.
4. A completed DS-160 visa application form.
5. Passport-sized photos according to U.S. visa guidelines.
6. Financial documents to prove you can pay for your studies and living expenses.
7. Your admission letter from the school.
8. Any other documents requested by the embassy.
A: To apply for a student visa, you must:
1. Get accepted into a U.S. school certified by the Student and Exchange Visitor Program (SEVP).
2. Receive Form I-20 from your school, which provides essential details about your program and finances.
3. Pay the SEVIS I-901 fee to register with the Student and Exchange Visitor Information System (SEVIS).
4. Complete the DS-160 application form online for your visa.
5. Schedule an interview at the U.S. embassy or consulate in your country.
6. Attend the visa interview and bring all required documents, including proof of financial support and the I-20.
A: A student visa allows foreign nationals to study in the United States at approved schools. The two main types are:
1. F-1 Visa: For academic studies at an accredited U.S. college, university, or high school.
2. M-1 Visa: For vocational or non-academic studies.
A: Overcoming barriers is crucial to ensuring that immigrant voices are part of the national conversation. By voting, immigrant voters contribute to creating a future that reflects the diversity and strength of this country. Your vote is your voice, and it plays a key role in building a more inclusive and representative democracy. When immigrant communities participate in elections, they help shape policies that address their unique needs and concerns, fostering a society that values and respects everyone’s contributions. Every vote helps bring us closer to a fairer and more just future for all.
A: Building confidence can be easier when you connect with others who are also planning to vote. Participating in community events, voting drives, and educational workshops can help you feel more informed and empowered. Voting with friends, family, or community groups can make the process more manageable. Practice by reviewing sample ballots and learning about the candidates and issues ahead of time. The more familiar you are with the process, the more confident you will feel. Remember, your community is there to support you, and many others are navigating this experience for the first time as well.
A: As a naturalized U.S. citizen, you have the same voting rights as any other American. Voting is a protected right, and there are laws in place to prevent voter intimidation. If you have concerns, consider reaching out to local advocacy groups for support and guidance. These organizations can provide information about your rights as a voter and what to do if you experience intimidation. Additionally, trained election officials handle any issues related to voter intimidation, so report any concerns you may have while at the polling place without hesitation.
A: You can share the knowledge and resources you have gained with friends, family, and neighbors. They may also face challenges. Encourage others to register to vote, provide information about multilingual resources, and help dispel myths and misinformation. Supporting each other helps ensure that immigrant voices are represented in the 2024 election. You can also volunteer with community organizations that assist with voter registration and education, helping more people in your community participate in the electoral process. By being an advocate, you contribute to strengthening the collective voice of your community.
A: Yes, community support for immigrant voters can be beneficial. Many community groups, religious organizations, and immigrant advocacy groups organize voting drives and assist those who need it. Voting alongside others can make the experience more empowering and less intimidating. Participating in community-led initiatives can also give you access to resources like transportation to polling places or assistance with understanding the voting process. Don’t hesitate to reach out to local organizations for support. They are there to help ensure that everyone has an opportunity to vote.
A: Start by checking your voter registration status to confirm you are registered at your current address. Research your polling location, voting hours, and identification requirements beforehand. Many community organizations offer voter education workshops to help you understand the voting process. Reviewing a sample ballot before election day is also a good idea to familiarize you with the candidates and measures. If you’re unsure about any part of the process, seek guidance from local voter assistance groups or election officials to feel more prepared.
A: Rely on credible sources for election information, such as reputable news outlets, official government websites, and non-partisan voter education organizations. Verify any questionable information with multiple trusted sources to ensure accuracy. Be cautious of social media posts, as misinformation spreads quickly on these platforms. Stick to official channels, such as your state’s election website, for accurate information on voting deadlines, polling locations, and requirements. Community organizations also provide trustworthy guidance and can help answer any questions you may have.
A: Many states and local election offices offer ballots in multiple languages. Community organizations often provide translated voting guides. You can also bring a trusted friend or family member to assist you at the polling place, as long as they are not your employer or union representative. It can be helpful to familiarize yourself with key voting terms ahead of time. You can also seek language assistance from local community centers or advocacy groups. Voting hotlines are also available in several languages to provide real-time assistance on election day.
A: Immigrant voters often face challenges such as language barriers, misinformation, unfamiliarity with the voting process, and fear of repercussions. Language barriers can make understanding ballots or candidate information difficult, while misinformation may lead to confusion about voter eligibility and requirements. Additionally, unfamiliarity with the U.S. voting system can create uncertainty about registration and voting procedures. Fear of repercussions may deter some immigrant voters, particularly those from countries with a history of political instability. Understanding and addressing these obstacles is essential to participating in the democratic process and making your voice heard.
A: Voting empowers immigrant voters to make their voices heard and influence policies affecting their communities. The 2024 election presents a key chance to shape the future of the United States. It also represents the needs of immigrant communities. By participating in the electoral process, immigrant voters can advocate for policies that support equality, fairness, and opportunities for all. Your vote can directly impact decisions on healthcare, education, and immigration reform, making it crucial for immigrant communities to be part of the conversation.
A: If you don’t obtain a CRBA before your child turns 18. Your child can still apply for a U.S. passport or Certificate of Citizenship to prove their U.S. citizenship. However, the process may involve more documentation and scrutiny to establish the parent-child relationship and the transmission of citizenship at birth.
A: Yes, children born abroad through ART. This includes surrogacy, egg or sperm donation, and in vitro fertilization—can acquire U.S. citizenship. The key factors are the U.S. citizenship of the parent(s) and establishing legal or genetic parentage.
A: The A-Number is a consistent identifier for individuals interacting with U.S. immigration authorities. It remains the same regardless of citizenship status.
This number helps track immigration applications and petitions efficiently and allows individuals to access their immigration records easily.
Moreover, the A-Number facilitates communication between various government agencies, ensuring that all relevant departments have the same information.
Finally, the A-number ensures the accurate processing of immigration benefits and services. This minimizes errors and speeds up the application process.
Understanding the purpose of your A-Number can help you navigate the immigration process more effectively.
For personalized assistance regarding your A-Number and immigration process, contact the Law Offices of Osas Iyamu, LLC today!
A: It means “Alien Registration Number”, a unique identifier assigned by USCIS. It can have seven, eight, or nine digits.
USCIS uses this to track a person’s immigration records. It helps monitor interactions with various U.S. government agencies.
While A-Numbers primarily belong to noncitizens, naturalized U.S. citizens also receive one as part of their records during the immigration process. Even after becoming citizens, individuals retain their A-Number to help the government maintain accurate historical data.
If you need assistance with your A-Number or immigration records, consult an immigration attorney. They can provide valuable guidance.
For personalized legal advice, contact the Law Offices of Osas Iyamu, LLC today!
A: Children born abroad automatically acquire U.S. citizenship if one or both of their parents are U.S. citizens. To qualify, the U.S. citizen parent(s) must meet certain legal requirements, such as residing in the U.S. before the child’s birth. Children with acquired citizenship don’t need to apply for naturalization. However, they must provide documentation, like a Consular Report of Birth Abroad (CRBA), to confirm their U.S. citizenship status. You can obtain a CRBA at a U.S. embassy or consulate, which serves as official proof of citizenship.
Learn more
A: Ukrainian F-1 students in the United States who qualify for TPS are also eligible for Special Student Relief. This relief allows them to apply for employment authorization, work beyond the standard restrictions during their academic terms, and carry a reduced course load while maintaining their F-1 visa status. This flexibility helps students manage financial burdens and adapt their studies while facing the impact of the crisis in Ukraine.
A: Ukrainian nationals or stateless individuals who last lived in Ukraine can qualify for Temporary Protected Status if they were in the United States on or before August 16, 2023. This means that recent arrivals as of this date may apply for TPS. TPS grants them temporary legal status, the ability to work, and protection from deportation while the humanitarian crisis continues. Applicants may need to provide documents such as tax returns, credit reports, and banking records. The Biden Administration withdrew the rule to align with its mission of removing barriers to gaining citizenship.
A: The DHS extended and redesignated TPS for Ukraine due to the ongoing armed conflict following the Russian invasion, as well as the continued humanitarian crisis in Ukraine. These conditions make it dangerous for Ukrainian nationals to return to their country. Extending TPS helps protect individuals who have fled the conflict and provides stability while the situation remains volatile.
A: The DHS has announced both an extension and redesignation of Temporary Protected Status for Ukraine. This TPS extension is from October 20, 2023, through April 19, 2025. The redesignation allows additional Ukrainian nationals who entered the U.S. by August 16, 2023, to apply, providing them with legal protections and work authorization while the situation in Ukraine remains unsafe.
A: For Ukrainians seeking detailed guidance on TPS eligibility, application procedures, and deadlines, the Federal Register notice is helpful. It outlines specific guidelines, requirements, and timelines. This resource provides essential information on TPS protections and the application process.
A: Yes, Ukrainian nationals seeking to apply for Temporary Protected Status can do so online. Applicants should file Form I-821 to apply for TPS and may also submit Form I-765 if they are seeking employment authorization. Online filing offers convenience and efficiency, ensuring applicants have quicker access to required forms through the USCIS online portal.
A: Current beneficiaries of Ukraine’s Temporary Protected Status must re-register during the 60-day period between August 21, 2023, and October 20, 2023, to extend their protection and employment authorization. Timely re-registration is crucial to ensure there is no gap in legal status or work eligibility. The re-registration process requires submitting updated forms to U.S. Citizenship and Immigration Services (USCIS).
A: USCIS will automatically extend Employment Authorization Documents (EADs) for Ukrainian nationals with TPS. This extension lasts through October 19, 2024. They can legally work in the U.S. without immediately renewing their work permits, ensuring continuity during the new TPS extension.
A: The TPS extension for Ukraine impacts about 26,000 current TPS holders. They can maintain their status through April 19, 2025. The redesignation makes an estimated 166,700 additional Ukrainian nationals in the U.S. eligible for TPS. This protection includes work authorizations.
A: Dual citizenship in the United States remains intact unless an individual voluntarily renounces U.S. citizenship. The government revokes it only under these circumstances. Certain actions may also lead to the loss of citizenship. Each country has its own rules and procedures for citizenship revocation.
A: Dual citizens can seek consular assistance from both the United States and their other country of citizenship. However, there may be limitations or reduced obligations from either country based on potential conflicts of interest.
A: Dual citizens of the U.S. may have voting rights in U.S. elections, depending on citizenship and residency. Their ability to vote in their other country depends on that country’s laws and regulations.
A: Dual U.S. citizens can travel between countries without visas but should check for specific travel requirements.
A: Dual citizens of the United States are generally eligible to hold public office and serve in the military. This is subject to specific requirements and regulations set by the U.S. government.
A: Dual citizens residing in the United States are subject to U.S. taxation on their worldwide income. They may also have tax obligations in their other country of citizenship. Understanding tax treaties, exemptions, and seeking professional advice is crucial to ensure compliance.
A: Dual citizenship in the United States provides advantages such as expanded travel opportunities, global mobility, access to economic opportunities in both countries, and the preservation of cultural heritage.
To learn more about the advantages and implications of dual citizenship, visit the official U.S. Department of State’s page on dual nationality.
A: Yes, the United States recognizes dual citizenship. The U.S. government acknowledges the dual citizenship status of individuals based on the laws of the respective countries involved.
A: People can acquire dual citizenship in the United States in various ways. For example, individuals born in the United States to foreign parents may hold dual citizenship. Another way is by obtaining U.S. citizenship through naturalization while keeping citizenship in another country. Additionally, having parents who are citizens of different countries may grant dual citizenship.
For more on acquiring dual citizenship in the U.S., visit the official U.S. Department of State’s page on dual nationality.
A: Dual citizenship refers to an individual holding citizenship in two countries simultaneously. In the context of the United States, it means being a citizen of the United States and another country.
A: Managing and embracing dual loyalty requires self-reflection, understanding personal values, and finding a balance that aligns with one’s beliefs. It is a personal journey that may evolve over time.
A: Yes, dual loyalty can create internal conflicts and dilemmas for dual citizens. They may struggle with reconciling competing obligations, emotional attachments, or conflicting values associated with each country.
A: The conditions for revoking dual citizenship vary depending on the laws of each country. It is advisable to consult with legal professionals or government authorities to understand the specific rules and circumstances that may lead to revocation.
For detailed information on dual citizenship revocation, visit the USCIS website.
A: Yes, some dual citizens see their status as an opportunity to bridge cultural gaps and promote understanding between the two countries they belong to. They can act as cultural ambassadors and promote cooperation.
To learn more about the benefits and responsibilities of dual citizenship, visit the official U.S. Department of State’s page on dual nationality.
A: Personal values and beliefs play a significant role in shaping an individual’s sense of loyalty. Dual citizens may align themselves with different aspects of each country based on their values and beliefs.
For personalized legal advice, contact us today, and for official information on dual citizenship, visit the USCIS website.
A: In many cases, dual citizens have the right to participate in the political process of both countries. However, specific rules and limitations may apply, such as restrictions on voting rights for citizens living abroad.
A: Dual citizens must stay informed about political developments in both countries. They must fulfill legal obligations like taxation and military service. Participating in civic activities is also essential to balance their responsibilities.
A: Dual citizens may experience conflicting loyalties when the interests or values of the two countries differ. It is a personal and subjective experience that depends on individual circumstances.
A: The sense of loyalty and the balance between countries can vary from person to person. Some may feel equal loyalty, while others may have a stronger connection to one country over the other.
A: Dual loyalty refers to the challenge of balancing allegiances between two countries when one holds dual citizenship. It involves navigating obligations, responsibilities, and emotional attachments to both countries.
Learn more about dual citizenship on the official USCIS website.
A: The right to vote may vary depending on the laws of each country. Some countries allow dual citizens to vote in national elections. In contrast, others restrict voting rights to residents or citizens residing in the country. It is essential to understand the voting regulations of each country and determine eligibility accordingly.
A: The eligibility and process for obtaining dual citizenship vary among countries. Some countries allow individuals to apply for dual citizenship. In contrast, others have restrictions or do not permit dual citizenship at all. It is necessary to research the specific laws and regulations of both countries involved.
For personalized assistance and advice regarding dual citizenship, contact us for a consultation.
A: In some cases, children can acquire dual citizenship if their parents hold citizenship in different countries. The acquisition of citizenship by descent varies depending on the nationality laws of each country involved.
A: The conditions for revoking dual citizenship vary depending on the laws of each country. It is essential to consult with legal professionals or government authorities to understand the specific rules and circumstances that may lead to revocation.
For personalized legal advice regarding dual citizenship, contact us for a consultation today. For official information on dual citizenship and its revocation, visit the U.S. Department of State website.
A: Navigating dual citizenship requires a clear understanding of the legal frameworks and obligations associated with each country. It is advisable to seek legal advice and ensure compliance with the requirements of both countries.
A: Dual citizens may face limitations when seeking diplomatic or consular assistance due to potential conflicts of interest. Dual citizens must be aware of the level of support they can expect and plan accordingly.
A: Legal obligations linked to dual citizenship include taxation requirements, military service, and adherence to each country’s legal responsibilities.
A: The challenges of dual citizenship include managing legal obligations in both countries. It also involves potential limitations on diplomatic and consular support. Additionally, navigating different legal frameworks can be complex.
A: Dual citizenship offers unmatched travel and residence opportunities. It expands legal rights and protections. It enhances opportunities for property ownership, business ventures, and career growth.
A: Dual citizenship refers to the status of an individual who holds citizenship in two different countries simultaneously.
A: If you are a lawful permanent resident sponsor, you must file Form I-865 to report a change of address within 30 days. This complies with the I-864 obligation and the address change requirement in 8 CFR 265.1. This law requires notifying USCIS of your new address within 10 days of moving.
A: The Form I-864 sponsorship agreement remains in force until the sponsored immigrants meet certain conditions:
1. They become a U.S. citizen.
2. They receive credit for 40 quarters of work.
3. They permanently depart the United States and formally abandon their lawful permanent resident status.
4. In a removal proceeding, they lose the lawful permanent resident status obtained through the sponsor’s Form I-864.
5. The sponsored immigrant passes away.
A: The sponsor uses Form I-865, Sponsor’s Notice of Change of Address, to report a change of address. If you completed Form I-864, Affidavit of Support, to sponsor an immigrant, you must use Form I-865 to inform USCIS of any address changes. This requirement applies while the sponsorship agreement remains in effect.
A: Yes, we can help you with the citizenship and naturalization process. We work with you to achieve a successful outcome for your case. Read more
For more detailed information and official guidelines on the citizenship and naturalization process, please visit the USCIS website.
A: Depending on your status, you may sponsor certain family members for U.S. immigration. Immigration attorney Osas Iyamu can help you understand the requirements and procedures for family-based immigration
A:Any unauthorized immigrant using a false ID or someone else’s ID for employment in Florida commits a third-degree felony.
A: Yes, Florida hospitals accepting Medicaid must include a question on patient admission forms about immigration status. Read more
For detailed information on Medicaid policies, visit the Medicaid.gov website.
A: Florida immigration law SB 1718 includes prohibiting identification documents without proof of lawful presence. It invalidates certain out-of-state driver’s licenses and requires patient immigration status data collection in hospitals. The law also bans unauthorized immigrants’ admission as attorneys and enforces employment eligibility verification for private employers. It imposes penalties for hiring unauthorized immigrants and criminal penalties for identity fraud and document misuse. Criminal penalties also apply for transporting, concealing, or harboring unauthorized immigrants. The law promotes cooperation with federal immigration agencies and requires DNA collection from qualifying offenders, including detainees. Read more
A: If USCIS denies your immigration application, you may appeal the decision. You can also file a motion to reopen or reconsider. Attorney Osas Iyamu can help you understand your options and develop a strategy to address the denial.
A: As a spouse or child of an abusive U.S. citizen, you can include your child as a derivative beneficiary. Your children must be under 21 and unmarried when you file.
A: If approved, derivative beneficiaries receive the same classification and priority date as the self-petitioner. They may apply for lawful permanent resident status when a visa becomes available.
VAWA self-petitioners can add an eligible child, even one born after petition approval, when applying for residency.You don’t need a new petition.
A: Family-based and certain employment-based applicants must submit an Affidavit of Support (Form I-864). This requirement applies under Section 213A for a U.S. status adjustment or an immigrant visa. See details on who must submit this form.
A: The public can report information about human trafficking by calling the Homeland Security Investigations (HSI) tipline.
The tipline is 866-DHS-2423, and agents are available 24 hours a day. This hotline allows you to report tips confidentially and securely.
HSI, a division of the U.S. Department of Homeland Security, investigates transnational crimes and threats, focusing on human trafficking and related abuses.
This agency dedicates significant resources to uncovering criminal organizations exploiting global trade, travel, and finance systems. By reporting information, you play a critical role in combating trafficking.
If you suspect trafficking or have relevant information, report it. Your actions help protect vulnerable individuals and bring criminals to justice.
For more information or to report a tip, contact Homeland Security Investigations at 866-DHS-2423!
A: Congress requires certain immigrants to submit an Affidavit of Support Under Section 213A of the INA. This affidavit confirms they have sufficient financial support and are unlikely to burden the United States.
A: Important: USCIS has decided to switch back to the 2008 version of the Naturalization Civics test, in place of the 2020 revised verison. If you’ve studied for the 2020 version, don’t panic. We are in a transition period. Applicants who filed before March 1, 2021, can choose the 2008 or 2020 test. Anyone who filed after this date will take the 2008 test. Keep this in mind as you prepare for testing!
A: Another Barrier Eliminated: Today, the DHS withdrew “The affidavit of support proposed rule”, which would have made the process of sponsoring an individual for permant residence not only more burdensome, but also more expensive. USCIS would have required applicants to provide additional evidence, such as tax returns, credit reports, and banking records. The Biden Administration withdrew the rule to eliminate barriers to citizenship
A: Even with Covid-19 symptoms, many immigrants hesitate to seek government-paid medical help, fearing immigration disqualification. However, government-paid Covid-19 medical services, including vaccines, do not affect immigration benefits or public charge.
A: The Department of Homeland Security has designated Venezuela for TPS (Temporary Protected Status) due to the ongoing humanitarian crisis in the country. Venezulean TPS is valid for 18 months unless extended by DHS. As of now, this status will expire in September of 2022. The registration period begins from March 9, 2021 to September 5, 2021.
A: Venezuela’s TPS designation begins on March 9, 2021, and lasts 18 months, until September 9, 2022. The 180-day registration period for TPS applications also starts March 9, 2021, ending September 5, 2021.
A: The bills passed Thursday were the American Dream and Promise Act and the Farm Workforce Modernization Act. These would provide a potential path to citizenship for many Dreamers and workers in the agriculture industry. However, these bills have only passed the house, so we are yet to see if these plans will become concrete legislation.
A: USCIS excludes Medicaid, public housing, and SNAP receipt from public charge disqualification. USCIS removed the 1-944 form requirement from the green-card process.
A: As a U.S. citizen, you can sponsor your parents and spouse for green cards. When you turn 21, you can file for your parents. Sponsoring a spouse increases your household size, which can impact the financial requirements for filing.
You must show sufficient annual income to support your household, including everyone you sponsor. If your income isn’t enough, you’ll need a joint sponsor to meet the financial requirements.
Without sufficient income, the green card applications won’t be approved.
Marrying an undocumented person increases your household size, but if your income is sufficient, it won’t complicate the process. If your income doesn’t meet the requirements, it may affect your ability to sponsor your parents and spouse.
For immigration legal advice on sponsoring your parents and spouse, contact the Law Offices of Osas Iyamu, LLC, for a consultation today!
A: USCIS has announced an increase in its fees. The new fee increase will take effect from October 2nd this year. Applicants for immigration benefits have until October 1st to take advantage of the old fee.
Click here to learn more about the USCIS fee increases and how they might affect your application process.
A: Immigration to the United States remains attractive to millions worldwide. DHS believes the benefits continue to outweigh the costs.
Therefore, DHS believes the increases in filing fees will have no impact on the demand for immigration services.
A: DHS encourages applicants to save, borrow, or use credit cards to pay new immigration filing fees. Those borrowing or using a credit card must cover both the filing fee and any interest charges.
A: This fee increase means the Immigration process will be out of reach to millions of immigrants trying to obtain any immigration benefits in the US. Unfortunately, with the track record of USCIS, this increased fee is not a guarantee of efficient and speedy service. A fee hike in the middle of a pandemic is not the best move the administration could have made. It is rather insensitive to say the least.
A: It depends on the specifics of your situation. Generally, individuals applying for adjustment of status must maintain valid immigration status when filing.
However, some exceptions allow non-U.S. citizens to apply for adjustment of status while out of status. For example, spouses of U.S. citizens may qualify.
Cuban nationals and individuals eligible under section 245(i) of the Immigration and Nationality Act also fall within these exceptions. Other immigrant classes may also qualify.
To understand your specific eligibility and options, consult with an immigration attorney. They can help you navigate your situation and explore possible exemptions.
For personalized legal advice about applying for a green card while out of status, contact the Law Offices of Osas Iyamu, LLC today!
A: You can still adjust your status despite NVC visa termination. An approved I-130 petition remains valid until you use it to obtain permanent resident status or until USCIS revokes it.
The NVC termination does not cancel your I-130 petition. If you qualify, you can still apply to adjust your status despite NVC visa termination based on the approved petition.
To avoid any issues, review your documents and ensure everything is in order before you proceed. An immigration attorney can help clarify your options and guide you through the adjustment of status process.
Contact the Law Offices of Osas Iyamu, LLC today to discuss your eligibility to adjust your status after NVC termination!
A: An undocumented teen in Florida cannot legally obtain a driver’s license, and driving without one poses serious risks. If an officer stops them, they can be arrested for driving without a license or insurance. This can lead to immigration authorities being notified, resulting in possible removal or deportation proceedings.
Rather than focusing on driving to school, the teen should prioritize fixing their immigration status. Without addressing their undocumented status, driving without a license increases their chances of legal issues.
A driver’s license is a state law requirement for legal driving. Driving without a license remains illegal.
If you’re an undocumented teen facing this issue, consult with an immigration attorney to explore your legal options. Contact the Law Offices of Osas Iyamu, LLC, for help today!
A: If you naturalize before your child turns 18, your child may automatically become a U.S. citizen.
For this to happen, your child must be a permanent resident and live with you in the United States.
In this case, your child doesn’t need to file a separate naturalization application.
However, if your child turns 18 before your naturalization is complete, they must apply for naturalization on their own. They must meet all the eligibility requirements, such as residency and good moral character.
Since you have already passed the citizenship exam but faced delays in your oath ceremony due to COVID-19, let’s hope you attend the ceremony as soon as possible. This ensures your child has a chance to derive citizenship if they are still under 18 automatically.
If you need assistance or have questions about your child’s citizenship after your naturalization, contact the Law Offices of Osas Iyamu, LLC for personalized guidance today!
A: You should wait a reasonable amount of time before returning to the U.S. after your first visit. Spending more time in your home country between visits shows you are not trying to live in the U.S. as a visitor.
CBP officers decide whether you can reenter the U.S. Frequent trips without enough time in your home country may raise concerns. Be truthful with the officer about the purpose of your visit, as admission is ultimately at their discretion.
To avoid issues, spend more time outside the U.S. than inside. This helps demonstrate that you respect the conditions of your visa.
For advice on your reentry to the U.S., contact the Law Offices of Osas Iyamu, LLC, for a consultation today!
Sponsoring your daughter for legal status involves several factors. Since she is 34, she no longer qualifies for an immediate family green card based on age. If she is unmarried, you can still sponsor your 34-year-old daughter for legal status, but the process will take longer due to the wait for adult children of U.S. citizens.
If your daughter has overstayed her visa or is currently out of status, this could complicate her sponsorship. In this case, she may need to explore other immigration options.
Consulting with an immigration attorney is essential to avoid costly mistakes and potential risks, including deportation. An attorney can assess her situation and recommend the best course of action.
You can schedule a consultation with the Law Offices of Osas Iyamu, LLC, for personalized legal advice on sponsoring your daughter.
A: The I-129F form asks for both the petitioner’s and the beneficiary’s physical addresses for the past five years, whether inside or outside the U.S. Include all addresses, such as those your fiancé(e) lived at while in the U.S., even if they’ve returned to their home country. Be sure to list all relevant addresses accurately.
For additional help, I recommend reviewing the official I-129F form instructions for guidance.
Do you need personalized advice about the K1 visa process? Schedule a consultation with the Law Offices of Osas Iyamu, LLC, today!
A: Your daughter’s father can visit a local USCIS office to request his alien number. Alternatively, he can file a FOIA request with USCIS to access his immigration file, which includes the alien number. Applying for his replacement resident card without the alien number may result in rejection or denial by USCIS.USCIS requires complete and accurate information for all applications. To avoid delays or rejection, having all the required details is essential before resubmitting the application. Good luck!
For further guidance on FOIA requests or replacement green cards, contact us for help today!
A: Based on the information you provided, I see that you did not file your naturalization application based on your marriage to a U.S. citizen. However, how you obtained your green card will still be relevant during the naturalization process. The immigration officer may ask questions about it at your interview, depending on the details of your case.
If you have concerns about your application or its chances of success, it’s a good idea to consult with an immigration attorney. They can provide personalized advice and help guide you through the process.
Contact us today for a consultation on your citizenship interview!
A: Renewing your DACA is essential because you cannot guarantee that USCIS will approve or process your green card application quickly. The timeline for adjudication can be unpredictable, and you may face delays.
Even with the best intentions, marriage doesn’t always guarantee success. Protect yourself by maintaining your DACA status until you receive permanent residency. Don’t risk losing your legal protection by allowing your DACA to expire.
For immigration legal advice about your DACA or green card process, contact us today to schedule a consultation!
A: Reapplying isn’t the main issue. The real question is: What will happen if you reapply for your green card? Whether you will succeed depends on the basis of your application and whether you meet the eligibility requirements.
You should also check if the denial of your initial application led to removal or deportation proceedings. This is especially important if you moved without notifying the Department of Homeland Security of your new address.
Understanding your situation before reapplying is essential. I recommend consulting an immigration attorney to discuss your case and explore all available options. The attorney can help you determine the best course of action for reapplying.
For personalized legal advice about reapplying for a green card, contact us today for a consultation!
A: The general rule is that applicants for adjustment of status must maintain valid immigration status when filing. However, there are exceptions to this rule. Certain non-US citizens can still apply for adjustment of status, even if they are out of status.
One key exception is for spouses of U.S. citizens. They can apply for adjustment, even without maintaining continuous immigration status. If you’re considering filing this application without legal guidance, it’s important to understand the process thoroughly.
I strongly recommend consulting an immigration attorney before submitting your application to USCIS. This will give you a clear overview of the legal requirements and process.
For immigration guidance on your adjustment of status, feel free to contact us today!
A: It’s important to carefully consider traveling while your visa application is pending. If you need to travel to India due to an emergency, it’s best to consult an immigration attorney. They can review your case and documents to help you understand the impact of your trip.
You need to weigh the urgency of the trip against the risk of not being able to return to the U.S. after your travel. Avoid a situation where you leave and are unable to re-enter.
For emergency travel advice, schedule a consultation with the Law Offices of Osas Iyamu, LLC.