Lost Certificate of Naturalization

Aggie Hoffman

I lost my certificate of naturalization and need legal advice. I sent for a form N-565 almost a year ago. I sent the form to the USCIS Nebraska service center where I was told to send it. I waited about a month before I heard from them. I have received numerous letters from them stating that they do not have sufficient proof for me ever becoming a citizen. It appears that your application was not accurately or completely prepared because the USCIS is requesting additional… [ Continue reading ]

Change of Status

Aggie Hoffman

My brother applied for a change of status and he got his priority date for November 2012. Since his H1-B visa was about to expire, he filed for extension right before he left the country, but was denied, and is still waiting for reasons. What can he do at this moment? It appears that you have two questions: (1) about the November 2012 priority date and (2) a change of status (from H-1B) that was denied. In general, departure from the country after filing an… [ Continue reading ]

Son is a US Citizen

Aggie Hoffman

Can I apply for US citizenship if my son is a US citizen? I’m a Ukrainian citizen. My son was born overseas. I think your question is whether your son who was born outside the U.S., but is now a U.S. citizen may immigrate you. In other words, you are asking about a green card. If your son is at least 21 years of age, the answer is yes. This applies whether you are in or outside the U.S. The process is cumbersome and it… [ Continue reading ]

I Worked Illegally

Aggie Hoffman

My wife is filing the petition for me. I entered the country legally but my visa is expired. I have been working all this time. Will there be any consequences? If you are married to a U.S. citizen, unlawful employment will not be held against you. If you spouse is only a resident, working without authorization will deprive you of the opportunity to adjust status. Instead, you will be required to process your immigrant visa through the American Consulate in your home country. However, depending… [ Continue reading ]

Misspelled Name

Aggie Hoffman

My wife had her name misspelled in English in her previously used passport. She traveled, but never to the US before and she has no criminal record. Before filling the I-130 form, she was issued a new passport with the correct spelling and added an additional last name so it matches the names she has in all her other papers so that when we apply she has all the papers under the correct exact name. The problem is that she didn’t mention the name in… [ Continue reading ]

DACA or Resident Card?

Aggie Hoffman

Should I apply for DACA first or for a resident card? I am married with an American citizen. I came to the US in 2003 when I was 15, and have not left since then. I am confused about what I should do first: apply for DACA or if my husband should make the petition for me. (I came illegally so If I qualify for DACA, do I still need to go back to Mexico to wait for my interview? You do not need to… [ Continue reading ]

Limit of Age for Petition

Aggie Hoffman

What is the limit of age for a US citizen to petition for a child of his wife? If you married your wife before the child’s 18th birthday, (s)he is your permanent step child. You may petition for her/him him even after (s)he is 21. The child may immigrate with your wife or follow after her. To properly process the case, you should retain the services of an experienced immigration lawyer.

Waiver of Inadmissibility

Aggie Hoffman

I heard that it is possible to get a waiver of inadmissibility (pardon) for being here illegally, without leaving the U.S. Where can I apply and how. The answer to your question is information that many must have. It is most important to understand that although the benefit you mention has been announced, it has not yet been implemented. This is because the US Citizenship and Immigration Services (USCIS) has not yet published the procedure or the evidence that will be required to determine qualification… [ Continue reading ]