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Joshua Daley Paulin
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Joshua Paulin’s Answers

41 total


  • I am a green card holder can i file for my husband?

    i am a green card holder and i will file for citizen next year if i file for my husband as spouse for green card holder will it be changed automaticly to spouse of citizen after i will have the citizen and takes less time for him to come here or i...

    Joshua’s Answer

    It can also be helpful to notify the office where the I-130 was filed when you naturalize.

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  • Can i get a copy of my husbands file from immigration

    his file was rejected. where do i go or who do i talk to

    Joshua’s Answer

    Some information should be available through the Freedom of Information Act.

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  • I130 approved, I485 denied , here in US , married with kids... what next

    I just got my I-130 approved but I-485 denied , but is not here with visa... what is next? Married with kids

    Joshua’s Answer

    I'm assuming that you're not here with a visa? If so, you won't be eligible to adjust status (which is what you filed for with form I-485) -- you'd have to leave the country and have your spouse (I assume that your spouse filed for you; your question is not quite clear) file paperwork so that you could "consular process." This could cause problems for you, especially if you've been here without a visa for more than 180 days, as your departure would trigger a 3 year bar (ten year bar if you've been here more than a year out of/without status). You should speak to an immigration lawyer and have him/her review your situation, as there's a lot more one would need to know to advise you well.

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  • Changing status

    Myself and my siste r are here on tourist visa from India, my older US Citizen brother had filled a I-130 petition of our behalf in 2002, curretly USCIS is processing petition filled on Feb25 2001. Can we stay /wait here in the states instead o...

    Joshua’s Answer

    Actually, as of February 2009 they're working on petitions filed January 15, 1998 so you have a long wait (See the link to current visa bulletin). More importantly, as you're here on a tourist visa, you can't wait here for the years it would take before your priority date becomes current, unless you have access to an H or L visa. If you overstay your visa, you won't be able to adjust your status here, and if you overstay and leave the US when your priority date is current, you'll likely have a bar to reentry. Bottom line: don't overstay.

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  • Havent file the marriage to immigration, then the wife get abused. the visitor visa expired, is there gunna be deportation?

    Come to US with Vsitor visa, decided to get marry, fil the married already, haven't file immigration paperwork yet. The visa expired, and get abused, is there possible to get annulment? or immigrtion will deport right away?

    Joshua’s Answer

    It's good that you're asking questions now, but seek counsel immediately. If you came with a visitor's visa, as you say, then you would at least have an opportunity to fight removal before an immigration judge, so it wouldn't be something that would happen immediately.

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  • Married for 6 months but never filed immigration yet

    Hi, I entered USA with a visitor visa, then we decided to get married. My visa ended 2 months ago, and he didnt file paperwork yet to the immigration. The situation is now I'm getting abused, can I get annulment? or I have to get a divorce? the pr...

    Joshua’s Answer

    I'd immediately seek assistance from a nonprofit in your area; you may qualify for relief under the Violence Against Women Act (VAWA). Your first priority should be your personal safety, so you should look for help from a local women's shelter, which can help in that regard, and should be able to give you a referral to someone who can assist you in your immigration matter. You should make sure you have documentation about your husband's US citizen status for future use.

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  • Immigration court procedure, what is a master hearing, alien citizenship interview

    What is a MASTER hearing? My husband had his Citizenship interview in July '08, we rcvd Decision after Sept. 1, '08, and on the Notice to Appear (before an immigration judge) page on (Date) and (Time) say, "a date to be set" and "a time to be set...

    Joshua’s Answer

    Briefly, your husband has been summoned to immigration court, and though he has some time to prepare, you should take all your paperwork to an attorney as soon as possible to find out our options. The court should have sent you a list of free or low cost legal service providers, but they cannot take every case -- so the sooner you get in contact with someone on the list, the better. Here are a few links where you can start your search for an attorney.

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  • Alien married to u.s. citizen, can alien apply for green card, permanent residency, USCIS application and interview procedures

    I marryed an immigrant but have been with him 7years and have 3 children with him. would i be able to help him get a green card.

    Joshua’s Answer

    It would depend on whether he entered the US with a visa (and what kind of visa he entered with) and how many times he had entered - for example, did he overstay a visa and then return? Also, does he have a criminal record? Assuming that he has no bars to issuance of permanent residence, you could file a petition for your husband and then the two of you would go to USCIS for an interview to show that your marriage is a valid one.

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  • Immigration form i-130 for husband

    im tishena and i filed a i-130 form for my husband we were together 5 yrs have 2 children and one on the way.were married hes in mexico and me and the children are here in the states.im waiting for my i-797 in the mail havent recieved any notice a...

    Joshua’s Answer

    If you filed in November you should at least have a receipt notice by now; if you have a receipt for the bank check or money order you used to pay the filing fee, that should help you to track down the check and see if it was cashed. Sometimes it has the receipt number stamped on it, as well. I'd suggest talking to an attorney on this one.

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  • Can I get a green card after i married an american citizen?

    I just married to an american citizen. Marriage is for good. We have been living together since 2/2007. I came to america 3 yrs ago, under a B1-B2 visa, but my I-4 was for couple months only, and then i never came back to my country. I have 3 kids...

    Joshua’s Answer

    It sounds like you meet the threshold requirements; your children need to have een under 18 on the date you married to qualify. You should talk to a lawyer about this; other things you need to clarify are previous visits/overstays in the US, any fraud with immigration and any criminal history. For more information about the process, check the attached link.

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