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To get an SB-1 returning resident visa, you need to prove to the consulate that you couldn't return to the US any earlier due to circumstances beyond your control. It is not as simple as "maintaining...

1. There has been no change. However, the time is not an absolute limit. It was always the case that the officer can let the person in even if they have been out for more than 1 year without a...

When your father naturalized, he automatically lost German citizenship. Since this happened before you were born, he had no German citizenship to pass onto you at the time you were born. (I presume...

"resident alien" meaning resident alien for tax purposes (e.g. someone passing the Substantial Presence Test would be a resident alien). Only resident aliens can claim dependents, so if you are to...

I think you are talking about the W-7 form to apply for an ITIN.

You should have selected "d. Dependent of U.S. citizen/resident alien" for your child who you are claiming as a dependent on your...

I think that if you want to naturalize to get German citizenship now, they would require you to renounce US citizenship as a prerequisite.

You need to provide more detailed information to determine whether she and her mother have US citizenship (e.g. when each of them was born, whether they were born in wedlock or out of wedlock, the...

I am assuming you are a US citizen?

First key question is did he enter the US legally or illegally? If he entered the US legally, he can do Adjustment of Status in the US after the marriage, and...

Social Security numbers are for life. Not only "can" you use it, but you MUST use it on any government form that asks for SSN. e.g. if you file US taxes. Your status or lack thereof is irrelevant.

Your SSN is for life and you not only can, but must use your SSN in any place that asks for your SSN. You cannot get an ITIN since you have an SSN. I am not sure whether an SSN/ITIN is needed to...

Wait till they request it

You can of course petition your parents and siblings if you are a US citizen over 21. Note that sibling is the F4 category which has a wait of about 13 years (19 years for people born in Mexico, 23...

Yes, you can only fill out W-9 if you are a resident alien. If you are a nonresident alien, you would fill out W-8BEN. The question is whether you are a resident alien or not. This is somewhat...

Yes, once he turns 21


No. The Immediate Relative category (spouse, under-21 child, or parent of US citizen) cannot have derivative beneficiaries.


Yes, or his father/stepmother files for...

It is not risky, unless you think your I-485 might be denied.

This has nothing to do with Canada. He naturalized in Canada and that's it. End of story.

He did not apply to regain his Philippine citizenship, which he is entitled to do at any time. That's his...

Probably because of laziness?

One doesn't really "apply for dual citizenship". What is happening here is that Canada doesn't care about multiple citizenship at all, whereas for the Philippines,...

Since he entered the US legally, he can just do Adjustment of Status. Basically, file I-130 and I-485 together (each form requires many supplemental forms and documents).

I think you meant the "date for filing" is February 2011.

If you are in the US and a visa number becomes available, you could simply apply for Adjustment of Status and not leave the US. However,...

There's no such thing as visa extension. A US visa is only for entering the US, and as such can only be gotten at a US consulate abroad. If you need to travel abroad and return after the expiration...

Note that working abroad in any job for a long time could indicate you abandoned US permanent residence by failing to maintain residence in the US.

You are thinking of Direct Consular Filing (DCF), which is only available in the US consulates for some countries but not others. Usually, you would file a petition with a place in the US, and then...

The children are Philippine citizens, so it would be easier for them to enter and exit the Philippines on Philippine passports.

You would get more help in our tax forum. Basically, as long as you are married as of December 31, you must file as married (married filing jointly or married filing separately). Married Filing...

Yes, when they deny Adjustment of Status, they should also revoke any EAD and AP you got on the basis of being an AOS applicant. The I-130 petition has nothing to do with it.

Marriage does not in itself affect the spouse's, stepchildren's, or anybody else's immigration status.

After the marriage, you can petition your new spouse and new stepchildren to immigrate (i.e....

So you only filed I-130 and didn't also file I-485?

Yes, you can work as a contractor or even start your own business if you want, as long as it's in your field.

What do you mean by "entry permit"? Do you mean the I-94? In other words, she has been out of status for 1 year? If so, if she left the US she would trigger a 10-year ban from coming back to the US....

Sounds like she has a lifetime 6C ban for misrepresentation. She will need to apply for a waiver with I-601 based on hardship to her spouse (your dad).

It seems from your description that she...

Your petition for her is in the F4 category (sibling of US citizen), which has a wait for visa numbers of almost 13 years for most countries. If one of your parents petitions her, that will be in the...

kcomissiong has a good point. If it was 2-year conditional permanent residency, and you didn't file for Removal of Conditions, then your permanent residency would have been lost a long time ago.

No. In fact, your father can't even petition you in the near future. After your father becomes a permanent resident, he can't petition you because there is no category for married children of...

So you've been living in the U.S. this whole time, right? Although the card expires, permanent resident status does not expire. You've been maintaining residence in the U.S. so you're still a legal...

Even if she was on H1b, the answer would be no. H1b do not use EAD to work. So whether she got H1b or not is not relevant.

Yes, if she gets a K-1 fiancée visa, her children who are under 21 can get a K-2 visa.

The easiest would be to have your U.S. citizen spouse also petition you. Your spouse's petition would be in the Immediate Relative category, which has no wait for visa numbers. Your mother's petition...

So basically what you're asking is whether you are already a U.S. citizen. (N-600 is for getting proof for people who are already citizens.)

You didn't give exact dates, but given that you're 45...

It's not absolute. Someone with a petition filed for them can still visit the U.S. on a tourist visa. However, it's more difficult. Someone entering the U.S. on a tourist visa has to show they have...

You will lose permanent residency if you don't maintain residence in the U.S. A green card by itself is only valid for re-entry within 1 year of leaving; a Re-entry Permit is valid for entry within...

What do you mean by "he did not include my son"?

If you mean your son didn't immigrate at the same time as you, he can probably still do it now, assuming your green card wasn't through the...

Cap gap is for if your OPT expires or your F1 status expires, while your H1b has already been filed but H1b status has not yet started.

There is a limited number of cap-subject H1b's each fiscal...

To be naturalized, you need to have "continuous residence" in the U.S. for the last 5 years (or 3 years of "continuous presence" if you were married to a U.S. citizen for the last 3 years)....

Yes but there's an increased chance the visa will be denied.

You can marry any time after becoming a permanent resident (you become a permanent resident the moment you enter the U.S. on your immigrant visa), and it won't have any effect on you.

However, you...

This question is irrelevant. Housing and eviction are governed under state law, and the rights of tenants and landlords and all that are exactly the same regardless of anyone's immigration status,...

No. Whether someone is a dependent for taxes has nothing to do with being a child for immigration purposes. The latter just has to do with age.

Note that just because the petition was filed before...

It sounds like it could be. You should consult someone familiar with waivers.

So like I said, you have a 10-year ban starting January 9, 2015. The only way you can immigrate to the U.S. without waiting the 10 years outside the U.S. is if you get a waiver. The waiver must be...

The information given in your post is not very detailed, but you probably have a 10-year unlawful presence ban. If you accrue at least 180 days of "unlawful presence" and then leave the U.S. you have...