Randall Drew’s Answers

Randall Drew

Bedford Immigration Attorney.

Contributor Level 11
  1. Can I ask immigration to expedite oath ceremony schedule?

    Answered 2 months ago.

    1. Randall Drew
    2. Pedro A. Miranda
    3. F. J. Capriotti III
    4. Alan James Brinkmeier
    5. Alfonso Caprara
    6. ···
    9 lawyer answers

    Yes you can ask. If you have an emergency it can be done. Make an infopass appointment for the USCIS office in Bedford and ask them to ask the Field Office Director if you can take the oath before an officer at the USCIS office rather than at the next scheduled oath ceremony at the federal court. But if they did that for everybody they would have time to do little else -- so you have to have good reason.

    10 lawyers agreed with this answer

  2. Naturalization via asylum based green card or marriage to a US citizen

    Answered 4 months ago.

    1. Randall Drew
    2. Giacomo Jacques Behar
    3. Adan G. Vega
    4. Cheri Roubil
    5. Alexander M. Ivakhnenko
    5 lawyer answers

    If you have been married and had your green card for the past three years; and you have been living together as a married couple and your spouse has been a US citizen for all of those three years -- then yes you can apply at the three year mark rather than the 5 year. Other questions about eligibility - good moral character, physical presence, continuous residence, selective service, etc. should be reviewed with an attorney before you apply.

    9 lawyers agreed with this answer

  3. Is it illegal to get married on a tourist visa?????

    Answered over 1 year ago.

    1. F. J. Capriotti III
    2. Irene Vaisman
    3. Randall Drew
    4. Kira Gagarin
    5. Dana Roxana Bucin
    6. ···
    9 lawyer answers

    I agree with the attorneys who say that the issue of visa fraud could come up if you are planning to get married and he comes here as a visitor. There is a fiance visa process available for that purpose although it is more difficult to go through than coming as a visitor. USCIS is particularly wary of marriages entered into within 60 days of coming to the USA as a tourist.

    7 lawyers agreed with this answer

  4. Is spouse information mandatory on form I-485?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. F. J. Capriotti III
    3. Alexander M. Ivakhnenko
    4. Alexander Joseph Segal
    5. Alexus Paul Sham
    6. ···
    6 lawyer answers

    You know the answer - the answer is yes. If he is worried about the soon to be ex-spouse getting legal status because she is listed on his I-485 -- he shouldn't be. It doesn't work that way. She would have to file a separate I-485 form and would have to still be married. It is the applicant who files the I-485 not the employer (although it may be the employer or the employer's attorney who prepares the documents) even if the employer pays the fees for the employee.

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  5. Leaving US while I-485/I-130 still pending using recently obtained i-131 advance parole would freeze processing of I485/I130

    Answered over 1 year ago.

    1. Randall Drew
    2. F. J. Capriotti III
    3. J Charles Ferrari
    3 lawyer answers

    Traveling on an advance parole (I-131) does not freeze the adjustment of status. Adult son or daughter petitions for parents do not always require an interview -- but the interview is not always automatically waived either. I went to such an interview at the USCIS Office in Bedford less than 3 months ago. I don't know what the parameters were on the I-131 your father received - but even someone granted a Permanent Resident card can be denied admission to the USA if they stay out of the country...

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  6. I entered the country through Mexico 9 years old and married a citizen 4 years ago. Can I adjust status without leaving the US?

    Answered 7 months ago.

    1. Randall Drew
    2. Kira Gagarin
    3. F. J. Capriotti III
    3 lawyer answers

    Make sure the attorneys are saying the same thing. One might be talking about adjustment of status. You wouldn't be eligible for that unless you were grandfathered under 245(i) meaning you were here physically here before Dec 21, 2000 and had papers filed for you before April 30, 2001. One attorney might be talking about Cancellation of Removal and adjustment of status. The result may be the same - but the process of getting to legal status is quite different. Finally, you might be eligible...

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  7. I' d like to know where is my application processing now?

    Answered over 1 year ago.

    1. Randall Drew
    2. Theodore John Murphy
    3. J Charles Ferrari
    3 lawyer answers

    Typically, an N-400 takes about 4-6 months to complete in NH. If your case goes like most, you should have an interview in September at the USCIS office in Bedford, NH (5 Ridgewood Road - I know that because I drive by it everyday as my office is on the next street, Palomino Lane). That would be good if possible because USCIS is winding down their fiscal year so they have many Naturalization ceremonies planned in the upcoming month. You might be able to get sworn in the same week that you pass...

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  8. Can he get my daughter?

    Answered over 1 year ago.

    1. Kati M. Amarantes
    2. Randall Drew
    3. Anna M. Zimmerman
    4. Boris Alexander Palant
    4 lawyer answers

    I'm not sure this is really an immigration question. You say that your husband is not a US citizen -- so I understand that. If you are afraid he will try to physically take your child you should report that. It sounds like you need a family law attorney, to handle the dissolution of your marriage. If what you are really asking is -- can I get this man deported? That decision is up to USCIS and USICE; your input on the matter is likely to be considered very seriously. Again, I am not a family...

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  9. Can a person that lived here was deported then came back by illegal ways get his green card?

    Answered about 1 year ago.

    1. Enrique Felix Mesa Jr.
    2. Christopher Daniel Leroi
    3. Randall Drew
    4. Woody Robert Clermont
    5. Aneliya M. Angelova
    6. ···
    8 lawyer answers

    Probably not...unless you are filing a VAWA self -petition as a battered spouse and there was a connection between your departure from the US and reentry to the US and the abuse from a US citizen. Doesn't sound like that is your case. When you say deported -- you don't mean granted voluntary departure right? They aren't the same in this regard.

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  10. What is harder to obtain after I married to an American temporary green card for 2 years or permanent green card for 10 years

    Answered about 1 year ago.

    1. Rebekah Grafton
    2. Harry Asatrian
    3. Randall Drew
    4. Heather Louise Garvock
    4 lawyer answers

    Attorney Asatrian is correct -- you should see a qualified attorney to help you with the Removal of Conditions process. The items you mention, a joint lease, utility bills -- along with children's birth certificates, joint tax returns and bank accounts, etc. -- those are exactly what USCIS is looking for to show that you are still in a legitimate marital relationship and not just a marriage of convenience for immigration purposes. There are strategies for improving your chances of success,...

    5 lawyers agreed with this answer