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The person who will be undertaking the sponsorship responsibilities needs to file the I-864 application. So, to answer your question, your husband needs to file a complete I-864 on behalf of your father. Good luck.
You could request the court to shorten the time for your master calendar but this needs to be done through a written motion to the court, which needs to be accompanied by a compelling reason for the court to grant your motion. If you believe that you might have a compelling reason to want to request the court to hear your case sooner contact an experienced San Diego immigration lawyer to assist you on your case.
There is a cap of 10,000 visas per fiscal year for this type of visa. Generally, the waiting period is between 6 to 12 months. However, if the cap has been reached there is a possibility that your application could take up to 2 years. You can check the status of your visa by entering your receipt number on form I-797 at www.USCIS.gov Good luck.
Your husband has triggered the 10 year bar due to his unlawful presence. You as his wife would have to petition for him by filing the form I-130. Since he has accumulated unlawful presence by remaining in the U.S. unlawfully for over one year he has triggered the 10 year bar for re-entry. To overcome that bar he would need to apply and obtain an i-601 waiver before he goes to the consulate to receive his immigrant visa based on his approved i-130. The burden is on the petitioner to prove that the beneficiary should be entitled to a grant of a waiver for unlawful presence. Having an experienced San Diego immigration lawyer can substantially increase you chances of obtaining this type of waiver.
The national interest waiver does not only include physicians. However, the burden is on the petitioner to provide sufficient evidence to establish that he/she meets all the different criteria set out in the In re Matter of New York State Dept. of Transportation (NYSDOT) case. If you are contemplating filing for a national interest waiver having an experienced San Diego immigration lawyer to carefully craft the petitioner letter is a must.
Visas are completely discretionary. Whether or not an officer is going to grant your parents a visa depends on several factors. One big factor is whether they intend to stay in the U.S. Officers especially when applying for a B1/B2 visa ask the intent of the party traveling to the U.S. If for any reason the officer feels or believes that your parents do not have enough ties to go back to their country of residence, or that they intend to stay in the United States their visa is likely to get denied. They could increase the chances of having their visa approved by providing documents to the officer showing that they have strong ties to their own country such as: owning a business, having elderly parents that they have been caring for, having other younger kids that are living in their home country, etc. Hope this helps. Good luck!
A lawful permanent resident (green card holder) is eligible for Medi-Cal regardless of their date of entry if they meet all other eligibility requirements. Under current Medi-Cal policy, eligible green card holders get full scope Medi-Cal in California even if they have been in the United States for less than 5 years.
A person is considered domiciled (living) in a state where they intent to reside. So, that being said it the answer to your question is, it depends. If your wife is living in California and she has no intent to go back to Georgia she would be considered a resident of California. On the other hand, if she is only here temporarily and intends to go back to Georgia at some point (i.e. still owns a house there) then she would be considered a Georgia resident. Hope this helps. Good Luck.
The E-2 treaty investor visa is a non-immigrant visa. As such, you would be considered a non-resident of the United States.
Your question is not completely clear. However, if you are trying to gain access to your own files from USCIS you can send what is called a “FOIA” (Freedom of Information Act) request to the relevant agency depending on what documents you are looking to acquire to receive the information. An immigration attorney or representative can also request those documents for you on your behalf. Hope this helps. Good Luck.
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