Michele Janine Da Silva’s Answers

Michele Janine Da Silva

Boston Criminal Defense Attorney.

Contributor Level 3
  1. I married in December 2013 and wanted to go back to Europe, now I am overstaying because my wife is pregnant!

    Answered over 1 year ago.

    1. Michele Janine Da Silva
    2. Samuel Patrick Ouya Maina
    3. Dean P Murray
    4. Michael Hugh Carlin
    5. Majid Vasigh
    6. ···
    6 lawyer answers

    Before I can render an opinion I need additional information. Is your wife a US citizen? What type of visa did you use to enter the US? When did it actually expire? Do you and your wife still intend to return to Europe?

    4 lawyers agreed with this answer

  2. How long do you have to live in the us to apply for citizenship and how do you go about it, and what is it all about?

    Answered over 1 year ago.

    1. Michael Hugh Carlin
    2. Michele Janine Da Silva
    3. Kevin Lawrence Dixler
    3 lawyer answers

    You can apply for US citizenship after 5 years of being a green card holder. If you received your green card based on marriage to a US citizen and are still married to that US citizen, you can file for US citizenship after 3 years. To apply you will need to file form N-400 along with the necessary supporting documents listed under the form's instructions. You will also have to take a test demonstrating your ability to speak, read and write English as well as pass the civic portion of the exam....

    3 lawyers agreed with this answer

  3. Married Filing Jointly or Married filing Separately ?

    Answered over 1 year ago.

    1. Brynn Sullivan Zawada
    2. Robert Winford Carpenter
    3. Kyndra L. Mulder
    4. Michele Janine Da Silva
    5. Matthew L. Kolken
    6. ···
    6 lawyer answers

    Immigration wants proof of financial ties to establish a bona fide marriage. Jointly filed tax returns is one way of demonstrating financial tie, but it is not the sole way. In my experience, immigration officers look to jointly filed return because the deduction for married couple who file jointly is greater than the deduction for married couple who file separately. Immigration officers also know that most married couple would file their return jointly to benefit from the greater deduction....

  4. Married Filing Jointly or Married filing Separately ?

    Answered over 1 year ago.

    1. Brynn Sullivan Zawada
    2. Robert Winford Carpenter
    3. Kyndra L. Mulder
    4. Michele Janine Da Silva
    5. Matthew L. Kolken
    6. ···
    6 lawyer answers

    Immigration wants proof of financial ties to establish a bona fide marriage. Jointly filed tax returns is one way of demonstrating financial tie, but it is not the sole way. In my experience, immigration officers look to jointly filed return because the deduction for married couple who file jointly is greater than the deduction for married couple who file separately. Immigration officers also know that most married couple would file their return jointly to benefit from the greater deduction....

  5. Can I leave the country after 751-i was submitted but before I received the receipt?

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Alena Shautsova
    3. Dean P Murray
    4. Michele Janine Da Silva
    5. J Charles Ferrari
    5 lawyer answers

    You should wait until you get the receipt for the I-751 and the letter stating that your card has been extended. You will need evidence of extension prior to leaving the country. You should contact an immigration attorney prior to leaving.

    1 lawyer agreed with this answer