Navigating the complexities of U.S. immigration law can be confusing, especially when unexpected issues arise or personal circumstances change. From errors in travel history and requests for additional documentation to concerns about visa processing times and sponsorship requirements, immigrants and their families often face unique challenges that require careful attention.
This week, we’re highlighting the top five real questions asked by individuals facing real immigration challenges. We’ll provide clear, practical guidance to help you understand your options, avoid common pitfalls, and make informed decisions about your immigration journey.
#1. My wife’s CBP travel history shows dozens of fake entries at Texas border towns we’ve never visited, and we’re worried this may affect her pending I-130 case. Could this be identity theft, and what can we do next?
If your wife’s CBP (Customs and Border Protection) travel history lists entries at Texas border towns she never visited, this could indicate identity theft or a data entry error. Such discrepancies can impact pending immigration cases like the I-130, as they may raise questions about her travel patterns or eligibility.
To correct this, start by contacting U.S. Customs and Border Protection through their Traveler Entry Correction process. Submit a detailed request along with evidence showing the inaccuracies, like past travel records or passport stamps.
Make sure to save copies of everything you submit and consider getting help from an immigration attorney, especially since this issue could affect how USCIS views her case. Prompt action is key to preventing further complications.
#2. After applying for a U.S. passport based on derivative citizenship through my naturalized mother, the State Department is requesting additional proof of custody. What documents might satisfy this request if the divorce decree doesn’t specify custody?
When the State Department asks for additional proof of custody for a passport application based on derivative citizenship, and the divorce decree doesn’t specify custody, you can submit alternative documents.
Acceptable evidence may include school records listing the custodial parent, medical or insurance records, affidavits from teachers or doctors, or other official documents showing the child resided primarily with the U.S. citizen parent.
A notarized statement from the parent, supported by these records, can also help. The goal is to demonstrate a consistent custodial relationship with the naturalized parent.
#3. I’m a Canadian TN visa holder with three U.S. citizen children. My 21-year-old daughter wants to sponsor me for a green card. Will her financial situation as a college student affect my adjustment of status application?
A U.S. citizen child aged 21 or older can sponsor a parent for a green card, even if the parent is a Canadian TN visa holder. However, the sponsoring child must file an Affidavit of Support (Form I-864) to show financial ability to support the parent.
If your daughter is in college and doesn’t earn enough, she can use a joint sponsor—someone else who meets the income requirements and agrees to share legal responsibility. That joint sponsor would also file a separate Form I-864.
Without a sufficient financial sponsor, USCIS may deny the adjustment. It’s important to plan ahead and gather the right support to avoid unnecessary delays or denials.
#4. My cousin passed the NCLEX and submitted an I-140 petition almost a year ago, but is still waiting for approval. How long do nurse I-140 cases usually take, and is there anything we can do to speed it up?
Nurse I-140 petitions (EB-3 Schedule A) typically take about 8 to 11 months for standard processing, though times can vary depending on USCIS workload and service center. If your cousin’s petition has been pending for nearly a year, it’s within the normal range, but you can check the case status online or contact USCIS for updates.
To speed up the process, premium processing is available for an additional fee, which guarantees a decision in 15 – 45 calendar days. Note that premium processing only expedites the petition review, not the overall green card process.
#5. I just married my wife, who is out of status, and our lawyer suggested waiting 10 months to file while we build stronger bona fide marriage evidence. Should we file the I-130 now or wait and risk complications?
There’s no legal requirement to wait before filing an I-130 after marriage, even if your spouse is out of status. However, submitting strong evidence of a bona fide marriage, such as joint financial records, photos, and affidavits, can help avoid suspicion of a fraudulent union.
Your lawyer may suggest a short wait to gather more documentation and strengthen the petition. That can be a smart move, but waiting too long can carry risks, especially if your spouse could face enforcement action in the meantime.
Many couples file early and keep gathering documents to submit later, including at the interview stage. If you’re concerned, talk with your lawyer about filing now and supplementing as your case progresses.
Final Thoughts
Understanding your rights and responsibilities is crucial in any immigration matter. By staying informed and proactive, you can better protect your status and achieve your goals in the United States.
If you have questions about your immigration status or need help figuring out what to do next, visit ImmigrationQuestion.com. You can ask your questions for free on the open forum and get answers within hours. You may also qualify for a free consultation with a licensed immigration attorney.
