Concord, CA Immigration Law Firms & Lawyers

As long as you have been a Legal Permanent Resident for more than 5 years you can file for U.S. Citizenship by filing for Naturalization (Form N-400). The fact that your husband abandoned you does not affect your eligibility.

Once you are citizen, she can be denied entry if the officer believes she has an intent to permanently stay in United States. If she enters before and overstays, she can still adjust status.

Changing status from visitor visa to H-1B requires that you have valid status as of the time of filing and as of the requested start date. The earliest date you can start working for fiscal year 2014 is October 1, 2013 and the earliest the H-1B petition can be filed is 6 months from that date or April 1, 2013. If you are coming here as a visitor, the longest authorized stay you are likely to get is 6 months. This means that if you will enter in February 2013, you may not have a valid status by October 1, 2013. If your I-94 will expire before October 1, 2013 or any requested start date after that, then you will not be eligible to request for change of status to H-1B. However, the petition may be filed with a request for consular processing so you may apply for your visa at a U.S. consulate abroad. -