Cropseyville, NY Immigration Law Firms & Lawyers | Page 2 Results

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. How did you get your work permit? Was it through DACA or deferred action? In order to get a green card, you need to be petitioned, either by a blood or family member (wife, parents, etc.) or through an employer. Your work permit alone is not enough.

Without a doubt, your living separately from your husband will cause USCIS to question validity of your marriage. Vacation/holidays sojourns hardly fit the common notion of married life; and USCIS will be fully justified if they deny your adjustment application. Remember that, in adjustment proceedings, you and your husband have to prove that your marriage is real; USCIS does not have to prove the opposite in order to issue a denial on your application. So you have to prepare evidence that your marriage is a true one. I would suggest getting the records of your phone calls to each other, e-mails, text messages; transportation tickets, hotel and restaurant bills, etc. from your vacations together; plane tickets for each trip you made to New York or husband made to Texas; evidence that your husband pays for your education and for your expenses in Texas, that you are listed on his tax returns, insurance policies, bank accounts, residential lease, etc. You are facing an uphill battle; and it would be a good idea to have an experienced immigration attorney fighting it for you. While it might appear to be an expensive option, consider the costs of the appeal and of being represented in the Immigration Court if USCIS denies your application and places you in removal proceedings.

There are no application forms for you to file. Your mother would have to get a visa appointment at the consular section of the U.S. Embassy (or at U.S. Consul General's office) in her country. In different countries, the procedures are different; to learn where and how your mother has to apply for a visa appointment, go to website of U.S. Department of State or directly to the website of the U.S. Embassy in your mother's country. Your mother would have to say what relatives she has in the U.S. and what is their status; so it would be helpful if she has a copy of your green card. The main task of the consular interview is to convince the officer that your mother will only visit the U.S. for a while and will come back to her country. She should bring with her to the interview the documents showing that she has family, community, and/or business ties in her own country. For instance, if she can show that she has a living husband, or a child she is taking care of, or a well-paying job from which she would get a vacation for the trip to the U.S., or a business she runs, or a significant property that she is managing - all this would help convince the consul that your mother is likely to come back to her own country after the trip to the U.S. You might consider writing a letter from you to the consul spelling out the reasons for your mother's visit and the equities that make it likely that she will return to her country; such a letter can be helpful, but is not required. The older your mother is the higher is the chance that the consular officer will be concerned with her ability to bear the expenses of daily living in the U.S. during her visit. To allay these concerns, you might want to send your mother a letter addressed to the consul and guaranteeing that you will support your mother during her visit to the U.S. (a proof of your income should be attached to the letter). You might also look into buying a health care insurance for your mother for the duration of her visit. Such an insurance is not too expensive, especially if you buy it in conjunction with airline tickets and a trip insurance. You would not want to actually buy it until your mother gets a visa; but you can ask the insurance company to send you a quote letter - and then send a copy to your mother so she would be able to show it to the consul as a proof that she would be insured against medical emergencies during her trip to the U.S. Please understand that there is no "magic bullet" that would guarantee your mother a visa. Either the consular officer will believe that she wants to go to the U.S. just for a visit - or he will not. Hopefully, following my suggestions will increase your mother's chances.