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Obadan Unuigbojie Iziokhai

Obadan Iziokhai’s Answers

1,208 total


  • I-864

    Do I have to turn in the same I-864 to the US Embassy that I turned in to NVC? Or, can I make another one? Also for the interview do I have to send the original I-864 with the signature via mail or can I just scan it to the beneficiary for his...

    Obadan’s Answer

    Since you have already submitted an I-864 to the NVC (with supporting financial documentation, of course), you do not need to submit another one unless and until such is requested.

    Whether you scan or send another one any other way doesn't really matter since the Embassy would have had the one to work with and the one you send would be only for the beneficiary's use.

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  • Do I Need A Immigration Attorney?

    I'm posting this question on behalf of a family member. She came as a legal resident into the country, but from what she's told me she had an appointment to about 11-12 years ago, and couldn't go. Ever since she hasn't renewed her residency,...

    Obadan’s Answer

    She does need to consult with an immigration attorney to review the entire facts of her case and advise her accordingly.

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  • How can I terminate my spouse conditional green card if I'm a victim of marriage fraud

    I met my spouse two years ago in the U.S, We immediately fell in love and she really made me fell special. She always pressured me that she was scared that I might leave her for another woman and that I truly love her then we should have a family ...

    Obadan’s Answer

    The truth of the matter is that, from these facts, this was a bona fide marriage that turned sour. No matter how violent or disrespectful to you she became, all that USCIS is interested in is whether she married you for the sole purpose of evading the immigration laws of the United States.

    Your only real option is to refuse to join her in filing a petition to remove the conditions on her residency but the effect will most likely be minimal since she has the option of filing a waiver on her own and, given these facts, will most likely succeed.

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  • I am a Nigerian, with my wife and two sons with me on a tourist visa that will expires in two months. How can we be legalize?

    I am a Nigerian, with my wife and two sons with me on a tourist visa that will expires in two months. How can I legalize our stay? We don't have any family here, no church to file for us, I am a Pastor with Theological degree not an expertize that...

    Obadan’s Answer

    Given your circumstances, your options are severely limited. You should consult with an experienced immigration lawyer as soon as possible to see if you are eligible for asylum or a change of status to an R-1 visa.

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  • If I called the immigration on someone who is here without permission, who went and came back, what chances would they have?

    What chances would they have to get residence or a permission to be here in the USA

    Obadan’s Answer

    You can call the authorities but it will be entirely up to them to act on your call.

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  • Is there someway to get a date from immigration court for my case?

    I am an F1 visa overstay. I was called into the ICE office last June and after booking was told I would get a court date. However when I called up again in September and spoke to the officer she said I needed to wait. To date I havent received a c...

    Obadan’s Answer

    If you have already been issued with a Notice to Appear(NTA), you have not received a hearing notice because the NTA has most likely not yet been filed with the Immigration Court. Actually, you should feel lucky that you have not yet received a hearing notice. Unless you have already overcome your overstay by, for example, adjusting your status, why on earth would you want to expedite your hearing (and possible removal from the US)?

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  • For I-864 do we have to include my income record because we filed tax jointly for 2014?

    My husband (US Citizen) and I (F1 visa holder) are (concurrent) filing for adjustment of my status from F1 to green card. We filed tax jointly for 2014 so the income in part 6 (13.A ) of I 864 is our total income. His income alone gets us above p...

    Obadan’s Answer

    It is perfectly fine to submit the jointly filed tax returns even if it is the combined income of the both of you. It actually helps your case as further evidence of a bona fide marriage. Proof that you will receive income from the same source after you become a permanent resident does not apply here because his income alone is sufficient, and so you do not need to add your income as the sole intending immigrant in order to satisfy the income requirement. Don't forget to include his W-2 for 2014 which will definitely show his own income.

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  • On the I-765 form what category would I fall into as an out of status F-1 student married to a USA citizen. Would (a) (9) be it?

    I am and F-1 student out of status at the moment. Graduated in May 2008 after which I applied for my OPT which expired in October 2009. I am currently married to a USA citizen and am now trying to apply for my green card.

    Obadan’s Answer

    If you are filing the I-765 based on an application for adjustment of status, the category is (C) (9).

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  • How does CSPA apply in my case?

    My parents, who are permanent residents of the US filed the I-130 petition in May 2014. I was under the age of 21 at the time of filing, thus belonging to the F2A category. Last month I received a notice from USCIS saying "Case Was Trans...

    Obadan’s Answer

    • Selected as best answer

    Yes, you will move to the F2B category if the I-130 is still pending when you turn 21. However, you may or may not be covered under the CSPA and this is how you know: First, calculate how long it took for USCIS to make a decision on the I-130. Second, deduct that period from your biological age on the date your priority date became current. Third, after the deduction, if you are still under 21, then your age will be frozen at below 21, which means you are covered under the CSPA. However, you should be mindful that you will lose the CSPA coverage if you do not take steps within one year to seek to acquire a green card.

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  • My mom has a 10 year green card and has been in egypt for the past 3 years was afraid of traveling now she wants to return?

    She did not fill out re enteree application can she still come to the us with her 10 year green card that will expire in 2020 while she is 60+ YEAR and she had to renew her passport in egypt so the passport that has all the dated stampsandis gone ...

    Obadan’s Answer

    If and when she returns to the US, the CBP will make a preliminary determination that she has abandoned her US residency. They will take the green card from her, try to obtain a statement from her, and then issue a Notice to Appear before an Immigration Judge who will make the final determination as to the issue of abandonment. In the meantime, they will place a parole stamp on her passport which is usually valid for a year but which can be extended until the completion of removal proceedings.

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