What is the Impact of Having Been Arrested if Applying for Citizenship?

Aggie Hoffman

In applying for US citizenship, how much impact on the success of the application when answering "yes" to getting arrested? The arrest happened as a juvenile (16 years old) for criminal damage of property/trespass. The incident happened over 20 years ago, since then there has been no adult criminal record. Should this incident be reported in the application under the section "Good Moral Character"? Or should it just be omitted since it is not an adult record? Additionally, the incident took place in a state… [ Continue reading ]

What is H1-B Passive Involvement?

Aggie Hoffman

Given that an H1B holder can only be "passively involved" in a business (e.g. LLC), are the following activities "passive"? 1) Scouting and hiring people, 2) Updating the website with new content, 3) Reaching out to potential customers via phone & e-mail. You describe active participation. Passive means being an owner, receiving the profit, and hiring others to do the work.

What Can I Do if My Wife was Denied a Visa under 212(a)(6)(C)(ii)?

Aggie Hoffman

The make the long story short, my wife crossed the border when she was 18 and she was on the passenger seat. The officer didn’t ask for status or documents only asked where they were going. At our interview at the consulate she was denied because her story wasn’t credible for them. They say that the officer had to ask for status or documents no matter what which is not true all the time. Her boyfriend back then was a US Citizen and made her… [ Continue reading ]

How Long Does I-130 Processing Take?

Aggie Hoffman

I am planning to get married next month, I know as per Visa bulletin it is not current anymore but in future or anytime soon it may get any depending on cases or work load. Can someone please guide me if I marry and file for I-130 and then Consular Processing for my wife who holds Pakistani Passport but resides in Dubai, any idea how long will it take ideally? I have a green card and have 1 year left for applying for Citizenship. Can… [ Continue reading ]

Is it Possible to get Citizenship without an Exam?

Aggie Hoffman

My mom does not know how to write and speak English. She is 67 years old & a resident since 2007. How she can get citizenship without an exam? Without citizenship she is not able to get the government benefits because she is under my sponsorship and I can not afford to buy insurance for her. It is very expensive. I explained to my mom that we can use an interpreter but she is still not ready because she speaks good Nepalese but she cannot… [ Continue reading ]

My I-130 was Approved, but I’m Missing an RFE

Aggie Hoffman

I’m a US Citizen. I filled for my mother’s petition in June 2013 and the I-130 got approved. Now I just checked online and it says that they mailed me an RFE in June, but I received it. What can I do? Maybe it is expired now? I can’t refile and pay the fee again. It’s not my mistake that I didn’t receive the RFE! You have not provided a complete picture of your case. You would not receive an RFE on a matter than… [ Continue reading ]

Can my Brother-in-law Apply for my Immigration?

Aggie Hoffman

Is it possible to immigrate if the brother of my wife applies for us? He is an American citizen living in the US. I am Jordanian national Yes, but it will be a very long wait because the quota for siblings of US citizens is backlogged 12 years. See this visa bulletin for more information. Your better strategy would be to consult an experienced immigration attorney for an analysis of what other visa options and categories are available to you or your wife.

Can I Marry my Boyfriend to Stop Deportation?

Aggie Hoffman

My boyfriend got arrested and now he is being held in county jail by ICE. If we get married, will they still deport him? He has three DUI’s and does not have a valid drivers license. We have been together for eight years and have a six year old son together. If your boyfriend has 3 DUI’s he may be considered a danger to the public. He will likely be placed in removal proceedings. If you want to marry him, you may file for his… [ Continue reading ]

Can I File for an Adjustment of Status if Seeking a Divorce?

Aggie Hoffman

Can I file for adjustment of status, on my own, if I’m in the process of a divorce from my American citizen spouse? I have been married to my wife who is an American citizen since 10/06/2009, however we have never filed for an adjustment of status. We were supposed to file the petition within months of getting married however, that didn’t happen. We lived together, bought a car, a house and opened a restaurant together among other things that occurs within a legitimate marriage…. [ Continue reading ]

Is it OK to be Out of Status When Planning to Marry a US Citizen?

Aggie Hoffman

Is it ok to be out of status with H1-B visa when planning to marry a US citizen in next 6 months? Or what should I do? I entered the county with an H1-B visa but my last pay stub is December 20th 2013. I am planning to get married to a US citizen around May/June 2014. Can I just stay out of status until I get married and then apply for a green card? Or should I leave the country and come back as… [ Continue reading ]