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Type: Posts; User: NYcityboy

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  1. As your girlfriend, she would need to qualify on...

    As your girlfriend, she would need to qualify on her own for a nonimmigrant visa, such as a B2 visitor visa or possibly a work visa depending on her education and work history. If you are engaged and...
  2. The primary reason is that the permanent...

    The primary reason is that the permanent residence is approved based on intended employment with the petitioning employer.

    If you leave shortly after approval, the USCIS may question the validity...
  3. Question: Immergration

    by NYcityboy
    Answers
    4
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    703

    Wepa!

    Wepa!
  4. Answers
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    692

    An extended visit that doesn't exceed 180 days...

    An extended visit that doesn't exceed 180 days should be fine if she has been an LPR and in the US for the last 10 years. Typically you will have tax returns, bank statements, employment records,...
  5. You can look at some of the private and...

    You can look at some of the private and international schools that will accept F-1 students.
  6. I agree with newacct. Your taxation status is...

    I agree with newacct. Your taxation status is really not an issue as long as the work is in your field.
  7. Answers
    1
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    581

    You should have the receipt for the extension by...

    You should have the receipt for the extension by then, that would allow you the automatic work authorization for timely filed extensions.

    If not, see if you have evidence that the case was...
  8. Answers
    1
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    529

    1. Generally speaking, the petition ends with the...

    1. Generally speaking, the petition ends with the death of the petitioner. In this case, the priority dates were not even current yet. The I-130 isn't revoked, but the I-485, application for...
  9. Answers
    2
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    478

    Generally speaking, yes. The DACA A/P...

    Generally speaking, yes.

    The DACA A/P admission strategy works well for clean DACA cases with no immigration violations other than overstay or EWI. You will want to review their immigration and...
  10. Answers
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    820

    If she is on an F-1 student visa, she does not...

    If she is on an F-1 student visa, she does not have authorization to work.

    Based on the description provided, a USCIS officer would likely say she is performing "compensable employment". If this...
  11. Answers
    8
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    791

    AK, just trying to help, for others with similar...

    AK, just trying to help, for others with similar situations that are reading and may not want to post.
  12. Answers
    2
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    788

    As to the 214(b), the L-1A is a dual-intent visa,...

    As to the 214(b), the L-1A is a dual-intent visa, but the bigger issue is the previous basis for the denial. He may need to file a 212(d)(3) waiver to get the L-1 visa issued.

    Consult with an...
  13. Answers
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    791

    I agree that you should consult an experienced...

    I agree that you should consult an experienced immigration attorney, Generally a theft offense is a CIMT, but depending on the state statute, it may come under the petty offense exception.
  14. Question: Esta visa

    by NYcityboy
    Answers
    5
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    530

    As the government will view things as they will,...

    As the government will view things as they will, unless you get it completely dismissed (as in no charges), I would think its best to declare it and explain.
  15. Question: Emergency

    by NYcityboy
    Answers
    2
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    367

    It will depend on what his basis is for staying...

    It will depend on what his basis is for staying in the US or what relief he has from deportation. The fact that he doesn't have any family in his home country is not a basis for a lawful stay in the...
  16. Answers
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    649

    A "false claim to citizenship" is one of the...

    A "false claim to citizenship" is one of the worst offenses in U.S. immigration law, and severely punished. It is punishable by a permanent bar. There are a few very minor, very specific exceptions....
  17. Please clarify, that this is a question about...

    Please clarify, that this is a question about immigration laws in Dubai?
  18. Answers
    5
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    594

    For the previous DACA filings, it depends on the...

    For the previous DACA filings, it depends on the nature and offense level of the crime.
  19. Question: Immigration

    by NYcityboy
    Answers
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    307

    Hi, You file the I-912 concurrently with the...

    Hi,

    You file the I-912 concurrently with the underlying substantive form (N-600). Good luck and have a great Thanksgiving.
  20. For an H-1B nonimmigrant visa petition, there is...

    For an H-1B nonimmigrant visa petition, there is no requirement for advertising the position. There is a posting notice on the job site regarding the position and the Labor Condition Attestation...
  21. Agreed, file concurrently with the application...

    Agreed, file concurrently with the application for EAD and advance parole. All included in the same filing fee.

    Good luck!
  22. Question: Overstay status

    by NYcityboy
    Answers
    4
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    453

    File for an extension of status prior to the...

    File for an extension of status prior to the expiration of her I-94 and she will be in status with the planned departure. You will need to see if the I-539 filing fee is worth the "overstay" on her...
  23. For you to get the F-1 student visa stamped in...

    For you to get the F-1 student visa stamped in your passport, you need to prove that you are not an intending immigrant (section 214(b).

    With your previous denial (unusual) of the F-2 and the fact...
  24. Answers
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    332

    The USCIS Field Office will send you an interview...

    The USCIS Field Office will send you an interview notice automatically. Be sure to follow the instructions specifically regarding the documents to bring to the 245 interview.

    You may want to...
  25. Question: Temp green card

    by NYcityboy
    Answers
    1
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    388

    I assume you are referring to the "conditional...

    I assume you are referring to the "conditional resident" status?

    If so, where you live is not relevant to the approval or denial; however, if you are in low income housing because you are below...
  26. Question: Immigration

    by NYcityboy
    Answers
    1
    Views
    340

    There is no immigrant visa classification for you...

    There is no immigrant visa classification for you to petition for your nephew or niece even if there is a guardianship in place.

    Please consult with an experienced immigration attorney with...
  27. Answers
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    681

    After entry as an L-2, you can then apply with...

    After entry as an L-2, you can then apply with the USCIS for the EAD, with that you can get your SSN. You can also apply prior to that for you ITIN.

    Good luck.
  28. Answers
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    422

    I agree with newacct. It is unlikely, but...

    I agree with newacct.

    It is unlikely, but depending on the exact facts of your case, including date of entry and what was filed for you and what was filed for your parents, you may be eligible...
  29. "Administrative Processing" is typically the...

    "Administrative Processing" is typically the delay caused by the security checks required for IV issuance. The delays can be very long. The case is likely approved as far as your marriage, etc. but...
  30. Question: Immigration

    by NYcityboy
    Answers
    2
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    485

    Not enough information. It depends on many...

    Not enough information.

    It depends on many factors, including: how he entered the US, the exact charge on his drug conviction, what he may have done under that other name (false claim to...
  31. Agree with newacct and L. More info needed. You...

    Agree with newacct and L. More info needed. You may qualify for a DACA EAD.
  32. Sidsr, you should post this as a question and not...

    Sidsr, you should post this as a question and not in a thread as a response.

    But to answer your question--she should return to the US and be prepared to show to he BP inspections officer the...
  33. Answers
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    474

    They should return to the US every 6 months, and...

    They should return to the US every 6 months, and try to stay in the US as long as possible. They should also have as many ties to the US as possible. File taxes, maintain a residence, car, drivers...
  34. Answers
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    I agree with newacct. Your parents are...

    I agree with newacct.

    Your parents are immediate relatives and since your brother has a way to be petitioned through you, even with the long FB-4 priority date backlog, he cannot immigrate with...
  35. When did your visa status expire? It will be the...

    When did your visa status expire? It will be the date of the most recent I-94 generally. If it has been less than 180 days, and you leave the US, you will not be subject to the 3-year bar under...
  36. Answers
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    404

    Yes. After the I-140 approval (hopefully), you...

    Yes. After the I-140 approval (hopefully), you wait for your priority date to be current again, then file your AOS.
  37. The last post in this thread was about 3 years...

    The last post in this thread was about 3 years ago. If you have a question, you can post it as a new question. I'm sure you will get a response. Good luck.
  38. What is his status?

    What is his status?
  39. Question: F1 visa cwop?

    by NYcityboy
    Answers
    6
    Views
    1,256

    Yes, but you will need a lot of evidence to show...

    Yes, but you will need a lot of evidence to show you are a bona fide student.
  40. Question: L1b to h1b

    by NYcityboy
    Answers
    5
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    571

    Sorry to hear about the H-1B COS denial. Have you...

    Sorry to hear about the H-1B COS denial. Have you discussed with the attorney the chances on an appeal? If you re-apply now, you will need to leave the US to apply for the visa after it is approved.
  41. Answers
    2
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    361

    As long as she is married to you and in valid...

    As long as she is married to you and in valid status; then yes, she qualifies as a dependent under your petition. Please note that if you are an H-1B, your EB 3rd or 2nd preference labor...
  42. Question: F2 spouse VISA?

    by NYcityboy
    Answers
    1
    Views
    758

    The F-2 can be granted based on a spousal...

    The F-2 can be granted based on a spousal relationship, the parental relationship to the child is not relevant. Does he have a means of support for you, him and the child? An F-2 spouse is not...
  43. If you regularly use both, then use the one that...

    If you regularly use both, then use the one that matches up with your primary identification documents; passport and drivers license.
  44. Yes, perfectly acceptable.

    Yes, perfectly acceptable.
  45. Question: Immigration

    by NYcityboy
    Answers
    1
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    340

    "mexican immigrants?" are they now US permanent...

    "mexican immigrants?" are they now US permanent residents?
  46. Answers
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    285

    Not enough information. What did they file 4...

    Not enough information. What did they file 4 months ago? What EB preference category?

    If they started the permanent residency process through labor certification (EB-3 for most H-1B's) for him 4...
  47. The fakes are typically undetectable from real...

    The fakes are typically undetectable from real ones without access to the MRP readers.
  48. If there was only the denial of admission, then...

    If there was only the denial of admission, then you will not need the 212(d)(3) waiver. You should bring (or scan and email) all the documents from your attempted entry to an experienced immigration...
  49. Inadmissibility under section 212(a)(7) is due to...

    Inadmissibility under section 212(a)(7) is due to not having the correct document (visa) for entry. You must have said something to the officer that indicated you would be working in the US as a...
  50. Answers
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    4,849

    This sounds more like a family law question...

    This sounds more like a family law question rather than an immigration question. Good luck.
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