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Irene Vaisman
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Irene Vaisman’s Answers

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  • Am I eligible to apply for naturalization?

    I've been a green card holder since 1999-Present. Between 2008-2010 I traveled abroad back and forth exeded 6 months but never 12 months of absence from USA. Then I traveled outside the USA from February 2010 to February 2011, overstaying outside ...

    Irene’s Answer

    You need to make sure that 5 years have passed since the time you returned from your last trip that lasted longer than 6 months.

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  • Who should sign G-325A forms?

    I am an US Citizen and I filling out the G-325A form for my parents and myself.

    Irene’s Answer

    You sign yours. Mom signs hers. Dad signs his.

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  • Can I apply for a Green Card through adjustment of status based on immediate family and how long this process can take?

    My husband has an E-1 visa, which describes me as an E-1 visa holder's spouse. He can only work for a company which settled this type of visa for him, on the other hand I can work wherever I want as long as I have EAD Authorization (which I alread...

    Irene’s Answer

    Although your brother can sponsor you, the processing will take 10-12 years. If you will be in the uSA, you need to maintain lawful status

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  • What should we do? Thanks

    Hi, Me and my husband are going to have an interview for i-485, Application to register permanent residence or adjust status, next week. We are not fluent in English, so we need to bring interpreter ourselves. Can I bring my daughter to translate ...

    Irene’s Answer

    Not to sure how the Chicago office works, here in NY and NJ area, they will provide the translator for you. You can bring your daughter in case and let the officer know that she is here to translate in case he/she needs her.

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  • Can i open bank account if i am an alien and no ssn or itin?

    i want to open a bank account but do not have a ssn. what is the w-8ben form for?

    Irene’s Answer

    If the bank is willing to open an account for you, there is no prohibition against it.

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  • What is the right and realistic path to take?

    My friend submitted the adjustment of status through his US citizen son, but the petition for green card was denied because the type of visa he used to enter US was fraudulent. He has gone to seek legal advice with 2 different lawyers and they ha...

    Irene’s Answer

    If the visa he entered with was fraudulent, he will definitely require a waiver (I-601). Problem is, his child is not a qualifying relative for this waiver. However, his LPR wife is. Yes, it is possible to have the child be the petitioner and the spouse be the qualifying relative for the waiver. So not all is lost here. Not sure why one lawyer is mentioning the appearance before court, was he already served with the Notice to Appear with no date? Even so, everything I am describing can still be done even while a person is in removal proceedings. Definitely not an easy case, but I do not see it as hopeless. Your friend needs to try to consult with other lawyers, hopefully with once that have experience dealing with these issues.

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  • Do I need to send courtship and marriage pictures to NVC again with civil and financial documents?

    I am preparing civil and financial support documents together with I-864 and DS-260. I already sent courtship and marriage pictures to the USCIS with I-130. Do I need to send these pictures again?

    Irene’s Answer

    No you do not. The instructions on their cite tell you exactly what to send to the NVC. I would have proof of a bona fide relationship available at time of interview.

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  • Given my physical and family situation, is there anyway to file for immigration legalization now & how?

    I came in 92 as a student, did my degree. Had my H1B (my wife as dependent) but left the company in 06. Since then I didn't have any legal status. I had some run ins w/the law for check fraud and had 2 felonies (1 from 97 and 1 last yr for which I...

    Irene’s Answer

    I am sorry about your children being sick, hopefully they get better as they grow. There is no path to legalization based on being ill. However, should you end up in removal proceedings you may or may not be eligible for relief. I am concerned about your convictions. You should obtain all of your criminal dispositions and set up a personal consultation with a lawyer to discuss.

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  • In DS-260 for minor child, can I enter my phone number and email address for her?

    I am filling out DS-260 for my minor daughter. Am I allowed to put my email address and phone number for her? Am I supposed to put her email address down?

    Irene’s Answer

    I do not see any issues with putting your email and phone instead

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  • How long does it normally take to have it delivered? Does the USCIS processing delays during holiday season (being December)?

    My premium processed case was approved in UCSIS site on 17th December 2015. So far I have not received my approval notice.

    Irene’s Answer

    did your employer (the petitioner) receive it maybe?

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