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Dean P Murray

Dean Murray’s Answers

2,874 total


  • Brother sponsoring sister vs mother sponsoring daughter

    Would it make a difference in terms of Visa availability if My mother (USC) sponsored my married sister vs myself (USC) sponsoring my sister. Would her turn for visa come faster compare to me sponsoring her? if so, roughly how much faster? thank y...

    Dean’s Answer

    You did not provide sufficient information. You need to check the Visa Bulletin and review the priority dates. It is available at https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html. If your mother petitions for your sister, your sister will fall in the F3 category. If you petition for her, she will fall in the F4 category. You can file both petitions to be safe rather than bet on one category being faster than the other. You can have multiple petitions pending at the same time. Speak with an immigration lawyer for more information. It is always worth using an immigration lawyer whenever you apply for an immigration benefit. Good luck.

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  • 1. Can an immigration lawyer really help to expedite the remaining visa process? 2. Can my spouse come to US with tourist visa?

    Recently, NVC has notified me that my spouse's immigrant visa case is complete and waiting to be scheduled for an interview, but they have not even sent the packet over to the foreign US embassy or consulate, so I was told that hiring a lawyer at ...

    Dean’s Answer

    It cannot hurt to use an experienced immigration lawyer whenever applying for an immigration benefit, whether the application is submitted to the Department of Homeland Security or the Department of State (under which U.S. Consulates fall). Foreign National spouses of U.S. Citizens can often have problems obtaining a tourist visa because it is more difficult to overcome the burden of proving that they will not immigrate to the U.S. once inside the U.S. However, it is not impossible to obtain a tourist visa for them, especially if you are receiving assistance from an experienced immigration lawyer.

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  • How can I get a green card? Please don't advice Marriage & Refuse. How much i need to Spend on it?

    Green Card

    Dean’s Answer

    You would need to have a consultation with an experienced immigration attorney in order to determine your eligibility for permanent residence in the U.S.

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  • How soon can I get a response (I-912) if I send in an application mid January and where exactly do I send in my application if ?

    Lost my green card recently, I am a full time student working full time to make ends meet and paying $450 for a new card would be very steep on me at this time. I want to file for a fee waiver, form I-912 to get that fee waived.

    Dean’s Answer

    You would need to carefully review and follow the instructions on the I-912. There are three bases under which you may obtain a fee waiver. Submit the I-912 with the I-90. Filing addresses for the I-90 are listed at http://www.uscis.gov/i-90. You need to show objective evidence of financial hardship. I would suggest ordering tax transcripts at www.irs.gov. You would typically receive those within a week. You can submit the transcript with the I-912. Good luck to you.

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  • How to go back from f2b to f1?

    I got naturalized last year, and nvc changed the category of my son's immigration application from f2b to f1. But when I calculate the processing time based on priority date, it appears f1 is more slow than f2b. What should I do to stay in f2b? Al...

    Dean’s Answer

    Although the petition is automatically converted to F1, your son can opt out and remain as F2B. Speak with an immigration lawyer for further assistance in this regard. If your son marries, he will drop to F3. Good luck.

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  • How to bring my fiance to USA ?

    Im an asylum seeker and my hearing date in Dec 2017 , Ive been in the USA for three years and my fiance is back in my country He wants to come and study here until all my situation is clear . His visa was denied 10 times but they dont tell hi...

    Dean’s Answer

    The U.S. consulate probably found that he did not meet his burden of proving that he was non-immigrant. The consular officers are required to assume every applicant for a visa intends to immigrate to the U.S. The applicant must show evidence that no such immigration is forthcoming. Appealing a consulate's decision is not an easy feat. There is the consular non-reviewability doctrine that prevents a court in the U.S. from second guessing the factual findings made during a visa interview at a U.S. consulate, (much as appellate courts in the U.S. do not second guess the factual findings of judges in the lower trial courts who were in a better position to assess the credibility of witnesses). Usually, attorneys attempt to present the evidence in a manner that will convince consular officials that there is no immigrant intent. However, your fiancé is cementing his fate by creating a trail of denials. The longer he waits to involve counsel, the more of a record that has to be reversed, notwithstanding that prior denials should technically not affect a future application. Get a lawyer involved sooner rather than later. If you don't involve one, you will reap the consequences of self representation, of which you all have already gotten a sampling. Good luck.

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  • CPA under B2

    Hello, I have been visiting US with a B2 visa. I have 2 questions regarding what I am allowed to do under this visa category. This way I make sure to not break any law: 1. Am I allowed to sit for the CPA exam? 2. Am I allowed to do non-paid...

    Dean’s Answer

    I do not believe that you can work if you were admitted in B2 status. Certain work is definitely permissible in B1 status, but you would typically disclose the work when you apply for the visa, and the generated visa would be annotated appropriately. This is standard practice at U.S. consulates. If you entered on a previously existing B visa, your volunteer intentions would need to have been disclosed to the CBP officer at the POE (Point of Entry), the first airport at which you arrived in the U.S. (assuming you traveled by air). They would have thereupon admitted you as a B1 nonimmigrant. If you take it upon yourself to perform volunteer work not only while in B2 status, but without having previously disclosed this job to the Consulate or CBP, the U.S. government can take the position that you violated your status. Even if an immigration lawyer may be able to successfully argue that you did not, it's going to be an unnecessary expense and stress for you. Re-enter as a B-1 or apply to change status to B1 before volunteering. Reentry is quicker and cheaper. Good luck.

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  • Can one work while EAD renewal is pending after EAD expiry date? how to justify new EAD approval gap if any?

    EAD renewal filed got receipt numbers. i-485 filed for more than one year. Changed employment using EAD using AC-21 rule. can someone work while EAD renewal is pending after EAD expiry date? if EAD approved online but have not received noti...

    Dean’s Answer

    No. You need to have the new EAD in order to work.

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  • If my ex recorded our telephone conversation without me knowing, can he use it in court?

    I am just wondering: If my ex were to record a phone conversation that I had with him, in which I was complaining about my mother (who I live with), could he use it in family court against me? We are in the state of NJ. I keep reading conflicting...

    Dean’s Answer

    New Jersey is a "one party" consent state. States like Florida require all parties to consent. If the conversation was entirely in New Jersey, it is not illegal for him to have recorded it. Whether he can use it, different story. It's not hearsay because you're the person speaking and you're a party opponent, (meaning you're on the other side of the "vs." in the case caption). So if he authenticates it and it's relevant, the Court will review it. In my experience, simply stated, Family Court will see it if he desires to submit it.

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  • F-1 visa holder, charged with possession of marijuana, but paid a ticket for a township ordinance, Am I inadmissible?

    Hi everyone and thank you for taking the time to answer my question. I was charged with possession of marijuana under 50g and paraphernalia. After talking with the prosecutor he agreed to dismiss the charges and he issued a township ordinance ...

    Dean’s Answer

    You should consult an immigration lawyer before traveling so that the charges and the disposition thereof can be examined. There have been cases where downgrades were disregarded from an immigration standpoint where the downgrade was on record as being effectuated solely for the purpose of negating any unfavorable immigration consequences that would subsequently arise for the foreign national. Honestly, you should have had an immigration lawyer help you before disposing of the charges. Have a good day.

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