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Requisite Qualifications A Must For Visa
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Sudhir Shah
A Member of American Immigration Lawyers Association of USA and a practicing Lawyer of Mumbai. He is an expert on USA Immigration Laws. He provides guidance on how to prepare, apply and obtain a visa to travel to the USA upon marrying someone residing there.
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Legally Accused
Nikita Rai asks,
My friend is staying in USA on H-1 visa. He recently came to India and got married. There was some problem in the marriage and the girl wrongly accused him in a dowry case. He was arrested and left immediately on bail. Meanwhile he left for USA to report for work. The problem is, his visa is expiring very soon. I believe he would have problems securing a fresh visa, as USA laws are strict in case of a person accused in any case. Could you please help me as to how my friend can get his visa renewed?
Dear Nikita Rai,
Is the dowry case still pending? If yes, then your friend perhaps may not be issued a visa till he is acquitted by the magistrate. It would be advisable that your friend obtains proper prior legal advice from an advocate well versed in Indian Criminal Law as well as USA Immigration Laws.
Dowry Demand
Jaya asks,
I am an Indian female married in India. I am currently in USA on H-4 visa, my husband is on H-1. Our green card (485) has been applied for. Ever since the wedding my in-laws and husband have been torturing me for dowry. My husband has beaten me several times. The last time I called the police and there was even a case against him. I want to divorce him but want to do it in India so I can recover whatever dowry has been paid. He has applied for divorce here in the USA and I have received the summons, in the summons he says I should pay his lawyers' fees. What should I do? Will divorce in USA be legally valid in India? Is there anyway I can avoid the divorce summons?
Dear Jaya,
You need a proper professional guidance from an Advocate well versed in Family laws of India as well as USA Immigration Laws. Unless all the facts are known I am not in a position to advice since your mail does not state all the facts necessary to provide answers to your question. If your husband is in USA how you will recover the amount of dowry in India? It is possible for the USA court to entertain the petition filed by your husband for divorce and if the court feels that you are wrong it may also ask you to pay your husband's lawyers' fee.
Eligible For Visa
Neeraja asks,
I am on H-4 visa and my husband on H-1 visa. My husband is not interested to file for my H-1 visa. So I want to file for my H-1 visa. I have my passport and without his help. Is it possible to apply for my H-1?
Dear Neeraja,
If you are a graduate and possess the requisite qualifications required for H-1B visa and a USA employer files petition for your H-1B visa after the same is approved you can apply for H-1B visa.
Annulment Of Marriage
Swati asks,
My husband had sought divorce from his first wife in USA (MA) when he was green card holder. Is his divorce valid in India?
Dear Swati,
If your husband's first wife desires, she may challenge the divorce granted by USA court. That too if the same has been obtained without serving her the divorce papers. You should consult an advocate well versed in Indian Family Laws as well as USA Immigration Laws.
Clyptomanic Behavior
Jane asks,
I am a 33 yrs old female legal resident of the USA for 28 yrs. I have 4 children who are USA citizens. I have some criminal records - about 5. Mostly, for shop lifting. All after I was 18 yrs of age. The last one was 6 yrs ago. Will I get denial for my citizenship if I apply? What is the best way to go about this? About how much would it cost to hire a lawyer, what will he do for me? Can I do this on my own? How can I obtain all my records?
Dear Jane,
When you would apply for USA Citizenship by naturalization you will have to show that you are a person with good character. Your clyptomanic behavior almost 6 years ago can be explained. Consult a competent advocate before you file for citizenship.
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