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General Immigration FAQS
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General Immigration FAQS

Q: My husband and I got married while he was here with a tourist visa; he left to his native country before his tourist visa expired. I have just submitted an I-130 and it is in process. Is it ok for him to visit me as a tourist while our I-130 is pending? He enters the country with a passport which does not require a visa. We want to be together for a couple of months and he would leave before any permission to stay expires. We will be processing his immigrant visa at a U.S. embassy in his home country.

Ans: It is okay for your husband to visit you while his I-130 petition is pending. However, he must be ready to demonstrate his intent of visitor’s status – show of social and economic ties to his home country while delicately balancing it with your relationship with him. Also, he must tell the truth about his pending I-130 petition when he is asked at the port of entry because the immigration officer has instant access to the information. Denying or failure to disclose will be outright misrepresentation which may lead to refusal of entry into the U.S.

It is not possible as a Canadian. Even if paroled, asylum will not be granted. The whole idea of the Cuban Adjustment Act was based on the premise of providing safe heaven.

Q: I am in US on a non-immigrant visa which is getting expired soon. My 5 months old child is terminally ill and requires support. She is on dialysis and requires kidney transplant after 2.5 years as she has to gain enough weight to undergo the transplant. Please let me know the legal ways I can stay here and support my kid’s medical expenses without being forced out of the U.S. after my visa expires.

Ans: You may want to look into a program called humanitarian parole. It is designed for situations of this kind. Humanitarian parole is used sparingly to allow someone enter and/or stay in the United States for a temporary period of time due to a compelling emergency.

Q: My girlfriend wants to go to University in the states, but we’re thinking of staying afterwards, what would be the best route? I am a US citizen currently living abroad. We aren’t sure if we want to come back abroad or stay in the states after college, but she can only file for an F-1 student visa if she has no intention of staying after school. Would the best option just be for her to apply for a green card? We do plan on getting married eventually… but not during college so that may make a difference.

Ans: Your girlfriend cannot apply for a green card based on her plan to study in US. The “classical” (and logical) route in such situations is graduation, work permit under “OPT”, working for an employer in the same field as her studies; having that employer apply for an H-1B visa on her behalf, and while working on H-1B status (max. 6 years, can be extended), having that employer (or any other) sponsor her for employment-based permanent residence (green card) – could last 2-3 years, but what do you care, she’ll be in valid H-1B status throughout that period.

Disclaimer: The information contained in our FAQs are provided for informational purposes only, and should not be construed as legal advice on any subject matter, and should also not be viewed as establishing an attorney client relationship of any kind. Potential clients should schedule an appointment to speak or consult with one of our knowledgeable attorneys to address their particular immigrations needs or situations.

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