Mill Neck, NY Immigration Law Firms & Lawyers

He can file a petition for you, but he will have to meet the financial requirements for the affidavit of support, which it does not look like he will be able to meet if he is on food stamps. He will need a joint sponsor who does meet the financial requirements in order for the petition to be successful.

You should consult an immigration attorney, and soon. When you left your employ at the company X without transferring your H1B visa to another employer, you lost your H1B visa. Your re-entry into the U.S. on H1B visa sponsored by Company X even though you were coming to work for Company Y, will most likely be considered by USCIS as visa fraud. And, even if your status were completely legitimate, you should have applied for a renewal of your employment authorization, at least, 2 months ago. In sum, the situation is a mess, and the sooner you ask a specialist to try sorting it out, the better.

Generally, the USCIS is aware that people can withdraw a pending naturalization application for many reasons that have nothing to do with technical eligibility for naturalization. In adjudicating a future naturalization application, the USCIS adjudicating officer certainly will be aware that you had previously filed an application and then withdrew it, and depending upon the issue(s) that prompted the RFE, the same issues may receive heightened focus, but a future application will be adjudicated based upon legal eligibility. As you may recognize, RFEs generally are issued where an applicant failed to supply required documentation. It would be wise to engage an immigration attorney who, after learning all of the relevant details about you, including the details about the recently issued RFE, would be able to assure that your case is prepared and filled with 100% of the required documentation. That should avoid delays, RFEs and adverse adjudications.