Frequently Asked Questions

 

The area of immigration law can be very confusing. People often have many questions. These are some of the most common questions people ask us. Also see actual answers to questions people have asked. 

Can I apply for citizenship but not my wife?

We're both LPR eligible for citizenship but she doesn't want to apply at the moment.

Joseph’s Answer:

There is no reason that one of you cannot proceed to apply for naturalization without the other. You must both file separately anyway. There often reasons why one spouse will chose not to apply for naturalization.

You should of course discuss your case with an immigration attorney before applying. Many people get themselves into trouble by filing for naturalization because USCIS will be looking through your immigration history with a fine toothed comb.

Annotation on my immigrant visa

Hello On my immigrant visa I read Upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year . can you help me in understanding the exact meaning of this note? thanks

 

Joseph's Answer:

That is temporary proof of your legal permanent resident status.

 

I have a citizen daughter over 21 with the next change in the waiver do I qualified to apply for residency? 

I came here with out inspection.

 

Joseph's Answer:

 

If you entered without inspection then you are ineligible for adjustment of status within the US and would need to consular process unless you are under 245i. Since you have accrued unlawful presence your departure from the US to consular process would trip the unlawful presence bar.

 

If you are asking about proposed changes to the 601A policy then yes the proposed changes would allow you to obtain a 601A waiver through the approved visa petition from your daughter since it is an IR visa. You will need a qualifying relative to prove hardship though.

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