Joseph M Tapper's Answers

I have friends who came to the with USA B1/B2 Visas with their two children in April of 2004. They have overstayed their visa.

I agree with the prior answers. A visit with a good Immigration Lawyer might help.

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I have an interview coming up for application to register permanent residence( i-485) can u please tell me what documents to

There is no single answer to documentation needed for an AOS interview. The more the better. Anything received from a governmental agency is good. That would include the Social security administration, DMV and others. I would NEVER go near CIS on a spouse AOS case without a good lawyer. They are not out to help you, and there are many, many traps you can fall into.

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Question on GC abandonment

There are many serious implications dealing w/ the abandonment of a gc and the ability to re-enter later. First of all, for a new gc you'd have to start a new immigration case. You may or may not qualify in the future. I would have a competent professional look at your case now for an assesment and advice about future applications. Second, if you choose to come back as an H-1B, serious cap issues may occur. That is, all of the visa numbers for H-1B for that year could be used up and you...

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Dual citizenship possible?

Retaining your German citizenship is a function of German, not American law. When taking your naturalization oath here, you are "renouncing prior nationalities" The effect of that renuciation in your German citizenship is decided by the law of Germany. Check w/ the German consul.

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I have a case for asylam in ny and I am going to marry a man from ct can I close my asalam case?

I agree with the Attorneys who said to get married before the next hearing date and file an I-130 petition.. The Hartford Immigration Court will not necessarily give you enough time to get the I-130 petition approved and for you to apply for AOS. They are very strict that way. I strongly urge you to consult a lawyer experienced in the Hartford Immigration Court. There are quite a few.

Should I let a roofing contractor put a lien on my house for my withholding partial payment after completion of work?

This is not an immigration question

My wife came last week to US on L2 dependent visa. Can i process both EAD and SSN card at the same time for her?

Anywhere from 5-10 weeks. In order to obtain an L-2 EAD, the principal must be an L-1A, executive or manager transferee, not an L-1B, "specialized knowledge" transferee.

My priority date is 23january'03 (f4 category-india)what's your prediction when it will be currant?

Right now, they are issuing visas to people who had petitions file for them on or before 01/15/2000. You should check http://www.travel.state.gov/visa/bulletin/bulletin_1360.html go back a year or 2 and try to interpolate how much time is left. It's not an accurate process, but that's the best you can do. You can't "age out" as an F4.

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Overstay for Medical Reasons

I agree with Carl. He needs to apply for reinstatement to visitor's status. Under the facts as presented he should be granted that. NEVER take the word of an Immigration officer as to how to proceed from the customer service line. They are reciting from rote, and obviously have no understanding of the situation

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I-797A lost in the mail - is a replacement necessary?

If you are planning to leave timely, then just leave. Keep a copy of the e-mail notification and tell the airline that the I-94 is lost. Make sure you get an inbound stamp in your PP when you arrive at your home country.

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