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: Yes, children born abroad through ART—including 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: An A-Number, or Alien Registration Number, is a unique identifier USCIS assigns. It can have seven, eight, or nine digits.
USCIS uses this number 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 an A-Number. This number is part of their records during the immigration process.
Even after becoming citizens, individuals retain their A-Number. This helps the government maintain accurate historical immigration 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 regarding A-Numbers and immigration, 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.
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A: Dual citizenship in the United States is generally not automatically revoked unless an individual voluntarily renounces U.S. citizenship or engages in certain actions that could lead to loss of citizenship. Each country has its own rules and procedures regarding 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 United States may have the right to vote in U.S. elections, depending on citizenship and residency requirements. Whether they can vote in elections of their other country of citizenship depends on the laws and regulations of that country.
A: Dual citizens of the United States can generally travel freely between the United States and their other country of citizenship without the need for visas or extensive immigration processes. However, it is essential to be aware of any specific travel restrictions or requirements that may apply.
A: Dual citizens of the United States are generally eligible to hold public office and serve in the military, subject to specific requirements and regulations established 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: Dual citizenship in the United States can be acquired through various means, such as being born in the United States to foreign parents, obtaining U.S. citizenship through naturalization while retaining citizenship in another country, or through descent from parents who are citizens of different countries.
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, fulfill legal obligations such as taxation and military service, and participate in civic activities in both countries 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 associated with dual citizenship can include taxation requirements, military service obligations, and adherence to the legal responsibilities of both countries.
A: The challenges of dual citizenship include managing legal obligations and responsibilities in both countries, potential limitations on diplomatic and consular support, and navigating the complexity of different legal frameworks.
A: Dual citizenship offers unparalleled travel and residence opportunities, expanded legal rights and protections, and enhanced opportunities in terms of property ownership, business ventures, and career prospects.
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 comply with the I-864 obligation to report a change of address within 30 days of change of address and comply with the change of address requirement in 8 CFR 265.1. This section of the law requires you to notify the USCIS of your new address within 10 days of moving from your previous residence.
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: Form I-865, Sponsor’s Notice of Change of Address, is a document used to report a sponsor’s change of address. If you have previously completed Form I-864, Affidavit of Support & related forms, to sponsor an immigrant, you must use Form I-865 to notify the USCIS of any address changes while the sponsorship agreement is still in force.
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 immigration status, you may be able to sponsor certain family members for immigration to the United States. Immigration attorney Osas Iyamu can help you understand the requirements and procedures for family-based immigration
A: Any immigrant who is not authorized to work in the United States and uses a false identification document or fraudulently uses another person’s identification document to obtain employment in Florida state commits a third-degree felony.
A: Yes, hospitals in Florida that accept Medicaid are required to include a question on their patient admission or registration forms about the patient’s immigration status. Read more
For detailed information on Medicaid policies, visit the Medicaid.gov website.
A: The Florida immigration law is known as SB 1718, and it includes provisions such as prohibiting the issuance of identification documents without proof of lawful presence, invalidating certain out-of-state driver’s licenses, patient immigration status data collection in hospitals, invalidating authorization for admission of unauthorized immigrants as attorneys, employment eligibility verification and compliance for private employers, penalties for employment of unauthorized immigrants, criminal penalties for identity fraud and misuse of documents, criminal penalties for transporting, concealing, harboring, or shielding unauthorized immigrants, cooperation with federal immigration agencies, and DNA sample collection from qualifying offenders, including immigration detainees. Read more
A: If your immigration application is denied, you may have the opportunity to appeal the decision or 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: If you are applying as a spouse or child of an abusive U.S. citizen or lawful permanent resident, you may include your child(ren) as derivative beneficiaries on the self-petition. Children must be under 21 years old and unmarried when you file to be included as derivative beneficiaries.
A: If the self-petition is approved, derivative beneficiaries are granted the same immigrant classification and priority date as the self-petitioner and are eligible to apply for lawful permanent resident status when a visa is immediately available. VAWA self-petitioners may add an eligible child, including a child born after the self-petition is approved, when the self-petitioner applies for lawful permanent resident status. They do not have to file a new petition.
A: Most family-based applicants and some employment-based applicants must submit an Affidavit of Support Under Section 213A of the Immigration and Nationality Act for their adjustment of status process in the US or Immigrant Visa through the US embassy.
See information on affidavit of support Form I-864 and who must submit it.
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.
Homeland Security Investigations (HSI) is a vital U.S. Department of Homeland Security (DHS) division. HSI 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 can play a critical role in combating human trafficking.
If you suspect human trafficking or have relevant information, do not hesitate to report it. Your actions can help protect vulnerable individuals and bring criminals to justice.
For more information or to report a tip about human trafficking, contact Homeland Security Investigations today at 866-DHS-2423!
A: An Affidavit of Support Under Section 213A of the INA is a document required by Congress for certain immigrants to show that they have adequate means of financial support and are not likely to become a public charge or burden on 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 have been studying for the 2020 version, don’t panic; we are currently in a transition period, meaning applicants will have the option to take either the 2008 or 2020 test, but ONLY if they filed their application BEFORE March 1, 2021. Anyone who filed after this date will be taking the 2008 test, so keep this in mind as you prepare for your 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. Applicants would have been required to provide additional evidence such as tax returns, credit reports, and banking records. The withdrawal of the rule was in alignment with the Biden’s Administration’s mission of eliminating several barriers in terms of gaining citizenship.
A: Even after feeling symptoms of Covid-19, many immigrants have been weary of seeking government-paid medical help due to fear of disqualification from immigration benefits. However, government paid medical services related to COVID-19, including vaccines, will not be considered a disqualification for 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: The designation of Venezuela for TPS is effective on March 9, 2021, and will remain in effect for 18 months, through September 9, 2022. The 180-day registration period for eligible individuals to submit TPS applications begins March 9, 2021, and will remain in effect through 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 will no longer consider an applicant’s receipt of Medicaid, public housing, or Supplemental Nutrition Assistance Program (SNAP) as a disqualification for public charge. Therefore the 1-944 form is no longer required in 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: DHS believes that immigration to the United States remains attractive to millions of individuals worldwide and that its benefits continue to outweigh the costs paid.
Therefore, DHS believes the increases in filing fees will have no impact on the demand for immigration services.
A: In order to pay the new immigration filing fees, DHS is encouraging individuals for Immigration applications to save, borrow, or use a credit card to pay fees if they are not qualified for a fee waiver.
Individuals who borrow or use a credit card are responsible for the filing fee and any additional interest cost accruing on the loan or credit card.
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 after NVC terminates your immigrant visa registration. 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 for adjustment of status 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 a license 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 for undocumented teens.
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 her, 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 green card 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 secure your green card. 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.