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Type: Posts; User: DCcityboy

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  1. Answers
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    1,807

    Just wanted to apologize publicly to JudykayTee. ...

    Just wanted to apologize publicly to JudykayTee. I recognize that she provides good and valuable answers to many questions.
  2. Answers
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    1,807

    It depends on two things: (1) what relief from...

    It depends on two things: (1) what relief from deportation do you have--father's I-130 petition, and (2) the exact circumstances of the case and your fathers filing to see if it is not a ground of...
  3. Question: J1 waive

    by DCcityboy
    Answers
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    490

    Complete this worksheet from the DOS website...

    Complete this worksheet from the DOS website https://j1visawaiverrecommendation.state.gov/ to see if you are subject to 212(e), then consult with an experienced immigration attorney to confirm if...
  4. Answers
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    441

    You will not be in the new fiscal year visa pool,...

    You will not be in the new fiscal year visa pool, if you had one issued in the past 6 years. Please note that the time you were in H is added to the time on L for maximum period of stay in US, so if...
  5. And if you anticipate extended travel outside the...

    And if you anticipate extended travel outside the US, apply for a re-entry permit while you are physically present in the US. Remember, you must be here for the biometrics as well, usually 30-45...
  6. Yes, as you are a permanent resident until it is...

    Yes, as you are a permanent resident until it is revoked or relinquished. I would travel with that and other evidence of your ties to the US. Have you been outside the US for more than 6 months?
  7. Answers
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    437

    Not without other extenuating circumstances.

    Not without other extenuating circumstances.
  8. Answers
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    1,807

    I agree with Lawanwadee, find a good attorney.

    I agree with Lawanwadee, find a good attorney.
  9. Answers
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    1,807

    If you are in deportation (removal) proceedings,...

    If you are in deportation (removal) proceedings, you must have a ground for relief from removal for the Immigration Judge to allow you to stay. As of right now, you have nothing filed. Its $355...
  10. If the father of the child is a USC and you get...

    If the father of the child is a USC and you get married, you may be able to get permanent residence, depending on the exact facts of the case.
  11. Answers
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    Very good points, from you and Fr_Chuck. :)

    Very good points, from you and Fr_Chuck. :)
  12. Answers
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    1,005

    Mods, how about a sticky for this question. Must...

    Mods, how about a sticky for this question. Must be the single most asked immigration question.
  13. Is he a permanent resident now? The...

    Is he a permanent resident now? The naturalization requires basic literacy. You should consult with an experienced immigration attorney to research the "disability" exception as regards to literacy.
  14. Answers
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    686

    Please elaborate, the H-1B visa is an...

    Please elaborate, the H-1B visa is an employer-specific petition visa, so the company must have filed for an H-1B for you to get an H-1B. You cannot have an H-1B without a petitioner.
  15. Only a U.S. masters degree qualifies for the...

    Only a U.S. masters degree qualifies for the additional 20,000 visas. Good news is that there are still standard visa numbers open for the current fiscal year 2010. File a basic H now. Good luck,...
  16. Answers
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    There is a possibility if the company sent you to...

    There is a possibility if the company sent you to the US and paid for your degree. If not, easier to get an H-1B. There are still numbers available for you to work immediately.
  17. Answers
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    686

    A good idea is to scan your important documents...

    A good idea is to scan your important documents and keep an electronic copy as well as emailing it to yourself for quick access wherever there is internet access and a printer.

    Welcome to the US!
  18. Answers
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    1,877

    You must file for an EAD after you enter as an...

    You must file for an EAD after you enter as an L-2. takes about 90 days for EAD issuance. You can work for any company with the EAD as it is not employer-specific.

    strategically, you should have...
  19. Answers
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    875

    You have to have one year experience in the...

    You have to have one year experience in the previous three years in a specialized knowledge capacity AND a degree in the field to qualify for the blanket.

    1. have you worked for them for a year?...
  20. Answers
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    592

    6 years marriage, lives with him during the week,...

    6 years marriage, lives with him during the week, has 2 children with him. Sounds like a marriage problem, not immigration.

    From immigration perspective, it is a real marriage. Your brother...
  21. Your priority date is noted on the I-130, it is...

    Your priority date is noted on the I-130, it is the date the case was accepted for processing by the USCIS. You are and FB-2A preference immigrant. They are currently processing cases in the...
  22. Answers
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    Yes, very common. Bring updated evidence of...

    Yes, very common. Bring updated evidence of cohabitation and co-mingling of funds. Better to make copies for their file and also bring the originals in case the officer wants to see.
  23. Not enough information. What is your preference...

    Not enough information. What is your preference category, what is your priority date and are you in the US or outside the US.
  24. Answers
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    Most L-1A's will qualify for the EB-1(3)...

    Most L-1A's will qualify for the EB-1(3) multinational executive immigrant visa classification. The I-140 and I-485 are usually filed concurrently. Currently taking about 4 months for processing.
    ...
  25. Answers
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    574

    Report suspicious activity to 1-866-DHS-2-ICE.

    Report suspicious activity to 1-866-DHS-2-ICE.
  26. Answers
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    605

    Need to register the birth at the US consulate,...

    Need to register the birth at the US consulate, with the form FS-240 Consular Report of birth abroad.
  27. Answers
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    541

    They need to apply for the F-2 dependent visa. ...

    They need to apply for the F-2 dependent visa. Will need the marriage certificate, birth certificate and evidence of ability to pay expenses for time in the US.
  28. Call ICE to report suspicious activity...

    Call ICE to report suspicious activity 1-866-DHS-2-ICE. Please be aware that if they "are" sponsoring people, unless the process is completed, most beneficiaries under the EB 3rd preference cannot...
  29. Answers
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    Did you file it or did your FSA file it? Do you...

    Did you file it or did your FSA file it? Do you qualify for a STEM extension? The employer must be enrolled in E-Verify.
  30. Answers
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    RFE's fairly common depending on what you...

    RFE's fairly common depending on what you submitted as evidence of co-habitation (and separation) and co-mingling of funds (non-employment).

    Respond to the RFE, don't send in anything you already...
  31. Even with a separate, independent, nonimmigrant...

    Even with a separate, independent, nonimmigrant visa status, she is still your wife and qualifes to apply as your dependent for permanent residence as your spouse. The I-140 is filed for you and...
  32. Answers
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    Regs just came out, contact Catholic Charities,...

    Regs just came out, contact Catholic Charities, they are filing and getting visa status approved.
  33. Your passport should not be a problem. You...

    Your passport should not be a problem. You should have evidence as to why you were out of the US for over 6 months and good evidence of your ties to the U.S.; such as tax filings, home ownership,...
  34. There are no special laws that apply for your...

    There are no special laws that apply for your situation that would grant permanent residence based on entry as a child and no actions taken by parent.

    You will need to find a way to get permanent...
  35. Answers
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    1. yes, the section 221(g) is for visa issuance. ...

    1. yes, the section 221(g) is for visa issuance. Not the H-1B visa classification approval.

    2. pay stubs are necessary, but the CONOFF can always ask of other evidence you maintained status.
    ...
  36. Answers
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    U.S. immigration?

    U.S. immigration?
  37. The divorce decision is unrelated to the...

    The divorce decision is unrelated to the immigration. You will get the conditions removed either way. But, do not remain married if only for the C/R.
  38. Answers
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    You should file for a re-entry permit. You must...

    You should file for a re-entry permit. You must be physically in the US at the time you file and for the biometrics appointment. Should be approved. Good luck!
  39. If you are married, even if discussing divorce,...

    If you are married, even if discussing divorce, file joint. If definitely divorcing, complete the divorce and then file under the good faith marriage waiver. Both are approvable if the two of you...
  40. Answers
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    Employment during the time you are an "applicant"...

    Employment during the time you are an "applicant" for permanent residence is not mandatory, but typical. If asked, let the officer know the personal reason for your non-employment.
  41. In Texas contact; BAL, Foster Quan or Fong. Make...

    In Texas contact; BAL, Foster Quan or Fong. Make sure the attorney you hire has experience and approvals (and not just the prima facie approval)
  42. Answers
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    I advise you to take care of your own situation...

    I advise you to take care of your own situation first, then; if you feel so compelled, write a detailed letter to the USCIS. Include his full name, date of birth, place of birth and if you know his...
  43. Officers at the VSC that adjudicate VAWA cases...

    Officers at the VSC that adjudicate VAWA cases are trained in the law to accept secondary evidence in VAWA cases. If you have other identification that USC's typically have such as copies of his...
  44. Answers
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    Again, there is no transfer. Your current L-1B...

    Again, there is no transfer. Your current L-1B employer can file the H-1B directly. If the company and you qualify, your H will be approved. File now, while there are still FY 2010 H's.
  45. Not enough information. How did you enter the...

    Not enough information. How did you enter the US? visa waiver, B visa, EWI?

    If you initially entered the US on visa waiver or a visa, then after you marry, your USC spouse can file for your...
  46. Question: Fraud marriage

    by DCcityboy
    Answers
    3
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    445

    Not enough information to answer your question. ...

    Not enough information to answer your question. It depends on when the divorce was completed in relation to the FB PR processing.

    If the divorce is after the initial grant of PR; then yes if they...
  47. Question: Asylum fraud

    by DCcityboy
    Answers
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    450

    Uscis.

    Uscis.
  48. Answers
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    445

    I believe you are referring to "benching". ...

    I believe you are referring to "benching". Consult with an experienced immigration attorney.
  49. Answers
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    There is no "transfer" of the H-1B. They will...

    There is no "transfer" of the H-1B. They will petition for you directly, just as if they were to file for you initially. The difference is that since you've been counted in one FY allocation, you...
  50. Many of the non-nursing positions are using the...

    Many of the non-nursing positions are using the J-1 exchange visitor visa.
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