Sinton, TX Immigration Law Firms & Lawyers

It takes about 6 months for a removal of the condition (I-751) to be adjudicated. If the package was poorly documented, you might get a Request for Evidence (RFE), which will delay the adjudication. If your I-751 was filed properly more than 6 months ago, and was well documented, you might get an approval any day now. However, if the I-751 was recently filed, was poorly documented, you need to act quickly. If your wife writes a letter to the USCIS indicating she no longer wants to help you out, the I-751 will be denied. You need to locate an attorney that never represented your wife. This attorney will work only for you. There are three other ways to file an i-751 without your spouse. 1. Good faith waiver. This is the easiest way. It is like the package you just filed (Must contain evidence of life together, and joint documents such as pictures, tax return, rental agreement, joint AAA card, joint bank accounts, etc.). However you must provide proof that your divorce has been filed or is final, and explain the story of your relationship (how you met, what was good, was made it go bad, why getting a divorce). It is best to file with proof your divorce has been filed, then wait about 6 months: The USCIS will send you a RFE asking for the final judgment of divorce / dissolution., which you will submit at that time. (This is the type of waiver which I file the most frequently) 2. Abuse / Domestic violence waiver: This is more difficult than the previous option. Must show you got married in good faith (Proof of life together), and include a detailed statement about the abuse. There is no need to have a pending divorce. This waiver falls under VAWA (Violence Against Women Act). Despite the name, it protects not only women, but men too. (I file a lot of these type of waivers) 3. Hardship waiver: Must show that someone will suffer hardship if you are returned to your country. This is not used very frequently, and I have personally used this method only twice in the last 12 years. You do not have much time to waste. Get help quickly. Good luck.

There is no requirement that you change your name when you are married, but it is permitted by "operation of law" once you are legally married. Your name on your social security card should match the name on your work authorization or else it will cause confusion.

Generally, a U.S. citizen age 21 or older may petition for a parent to obtain immigration benefits in the Immediate Relative visa category. Doing so, however, would not authorize adding a 23-year old brother as a "derivative beneficiary" even if the brother is dependent upon the parent, and so other avenues should be explored for the brother. That might include, as you suggested, having a parent file for your brother after the parent obtains immigration status. It also might include, if applicable, an independent application for the brother based on employment offer from an employer qualified and willing to sponsor him, or an application in the F4 visa category that you could file directly for your brother (but be aware of a very long backlog for visas in that category). It would be wise for you and your parents to consult with an immigration attorney about legal representation in the often quite complex application process to achieve their goals; at that time an immigration attorney also could explore potential eligibilities, options and strategies for your brother.