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Elaine Hope Witty

Elaine Witty’s Answers

53 total


  • Hi i ordered to be deported back to vietnam back in 1999 however they did not want me and i still reside in the US as of today.

    I was deported because of an aggravated felon. I have been a good citizen and had not run into any trouble with the law since. My record is also closed now.I am also married to a US citizen and have a daughter that is a US citizen. Is there any w...

    Elaine’s Answer

    I would suggest that you get all the documents related to your criminal case and your order of deportation and let a competent immigration attorney determine if you are in fact an aggravated felon. There is a provision in the law that states a person who can show 15 years of good moral character from the date of offense could be eligible for a waiver. I think this is what you are referring to in your question. However, without more information there is no way to answer you.

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  • How can a u.s. citizen marry an illegal immigrant in the state of florida?

    My girlfriend was snuck into the country as a baby and grew up in the u.s. she is now 21 and even a highschool grad. She has done no crimes and were very much in love and have been together for 3 years and want to get married. What do we need to d...

    Elaine’s Answer

    You should follow the news to see of Congress will pass the DREAM Act which is a proposed law to benefit people like your girlfriend. If you don't want to wait for a legislative solution, the current immigration law requires that a person who enters the United States and marries a US citizen must exit the US and apply for her green card in her home country. The problem is that as soon as the person exits the US, she will trigger what is called a 10 year bar to re-entry to the US. The 10 year bar refers to the fact that since age 18 your girlfriend remained in the US illegally for more than one year.

    The current immigration law permits the filing of a waiver to the 10 year bar by demonstrating "extreme hardship" to the US citizen spouse. This waiver of the 10 year bar is at the discretion of the immigration officer located at the US consulate. The officer reviews the waiver filed on form I-601 with supporting evidence of extreme hardship. The term extreme hardship can include medical, psychological, educational, professional, financial, and other factors in the US citizen's life. The officer looks at the totality of the situation and how the separation of the US citizen from his spouse would be extremely hard on him.

    You should consult an immigration attorney to see if you have any extreme hardships that might qualify for the waiver.

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  • My Husband is planning to move from L1 to H1. I my currently working with L2 EAD. I got H1 approval from Oct 1st 2011.

    What will be my staus, if he move to H1B with COS? I have vaild EAD upto Oct 2011, and I-94 till Oct 2011. Please advice.

    Elaine’s Answer

    Your L status is tied to your husband's. If he changes from L to H-1B prior to October 1, 2011 then your L status will terminate and so will your EAD.

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  • What to do when naturalization interview's cancelled and nothing is going on for 4 monthes after that?

    My naturalization interview has been cancelled on 22 of March, 2011 because the local office did not received my case. I've contacted the main office. They sent me to the local one. I went overthere and found out that my case was in Philladelphia,...

    Elaine’s Answer

    You should contact your local Congressman or Senator to have them make a Congressional Liaison inquiry about the status of your case. That typically helps moves things along. You can also make an Infopass appointment at the local USCIS office an ask the officer there if they can request your file to be transferred from Philadelphia. The officer may say that the request is already in the system but you should ask them if they can put in a second request for the file. In the past when a file has been requested multiple times in a six month period, the local USCIS has created a temporary file so that the processing of the case could move forward. Ask the officer if that is still the USCIS' policy. Be sure to ask the officer when your biometrics expire so that you know the biometrics won't become an additional issue for you to deal with.

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  • Can my fiance sponser me

    can my fiance sponser me if i'm still married to my ex husband but dicorce was filed.

    Elaine’s Answer

    Not only does your divorce need to be finalized but you shocks consider a waiting period between your divorce and your fiancee files an I-129 for you. Having a divorce and a fiancee petition filed so close on Ike is typically a red flag at the consulate.

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  • If my wife receives food stamps in texas my residence petition can be affected?

    i am came to USA with a tourist visa, i am from mexico, we have already 7 months leaving together all thise time she has been suporting for me, now we are almost to marriage, but we are worrie because 2 weeks ago she applyed for foodstamps an they...

    Elaine’s Answer

    Food stamps are a health and nutrition program. It is a federally funded program based on income eligibility. If your family has been deemed eligible for food stamps then this means your household income is at or below the income guidelines for this program. You wife can sponsor you for a green card but she will likely need a co-sponsor for the I-864 affidavit of support. For more resources you can contact an immigration attorney or any nonprofit legal Sevices agency unbuilt area including Legal Aid, Catholic Charities, or the local bar association referral service. The website www.nilc.org has information as well.

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  • I had my green card for five years soon i will be appling for my us citizenship. my lasy job was in elko nv. as a

    legal prositution . will this affect my citizenship.

    Elaine’s Answer

    This is a novel legal question. Typically, we think of prostitution as illegal activity but you are correct that in Elko, NV prostitution is legal. The question is what do you do for a living now in NY? if you engage in prostitution in NY where it is illegal, you have a problem. You also haven't disclosed whether you have any arrests in your past including any for prostitution or solicitation. I would suggest having an attorney work with you to determine your eligibility for citizenship, prepare your application for citizenship, and attend the interview with you.

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  • I was on probation for 3 years Misdemeanor 664/242 PC attemted battery. Can i travel back to my country and re-entry USA again?

    I am a legal permanent resident of USA. I pled guilty on Misdemeanor 664/242 PC attemted batterycharge and finished my probation. I'll get my expungement from the court soon. I am living here in USA for 6 years now. That was my only criminal back ...

    Elaine’s Answer

    In immigration law nothing ever gets expunged from your criminal record even if the local criminal court grants you an expungement. That criminal record will still surface for immigration purposes. You need to have an immigration attorney review the criminal statute under which you were convicted and give you advice regarding your ability to travel or naturalize. In the meantime, no traveling outside the US for you.

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  • Would I be able to request a petition for my husband who got deported in 2008 for illegally entering the U.S.?

    He signed the Voluntary departure form in September 2008 and an attorney told me that he had to be in Mexico for 3 years and then I can request to make him a resident. He has been there these 3 years and is scared of Mexico for all the violence an...

    Elaine’s Answer

    All immigrant visa cases (green card cases) that are processed for someone overseas have to go through a US Consulate. Depending on the nature of your husband's background aside from the voluntary departure, he may be eligible for a waiver of inadmissibility. Waivers of this nature are approved by the US Consulate in Juarez about 80% of the time. You should confer with an immigration attorney who can run through the options with you. You may discover that things aren't as bleak as you think they are. Good luck!

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  • What is the basis of EB2 approval? Do they look on to the employer's side?

    I have BSN with 9 years of progressive experience in clinical setting. I have visascreen and currently working in US under H-1. If my employer file a petition for me under EB2, will it get approved? What should be the job offer?

    Elaine’s Answer

    You haven't presented enough details. For example, what type of specialty nurse are you? Are you working in a medically underserved geographic region, is your employer a hospital or a nurse staffing agency, what country are you from? All these questions need to be answered which is why you need a consultation with an immigration attorney.

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