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Alexander Joseph Segal

Alexander Segal’s Answers

40,036 total


  • I-864 joint sponsor part 5 (household)

    Hello, I have a question about filling out the Form I-864. Long story short my husband is my petitioner but unfortunately he falls just under the poverty guidelines. Therefore my aunt who has no dependents will help us fill a I-864 as a joint s...

    Alexander’s Answer

    The instructions to the form can help a lot. If you read those of course before you try to fill out the form. She counts only herself in the household line and all individuals she had previously sponsored if any. You are included in the intended immigrant line. Your family is not included at all.

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  • Undocumented immigrant from age of two, one parent abandoned her, the other deported and left her with relatives. Steps to legal

    Undocumented immigrant from age of two, one parent abandoned her, the other deported and left her with relatives. Steps to become legal? She only knows this country, K-12 here, graduated high school, wants to attend college and work and marry. Do...

    Alexander’s Answer

    You are preaching to the choir of people who are , for the most part, sympathetic but powerless to rectify the injustice. The Dream Act was supposed to do that but it is dead and buried. She might look whether she is eligible for DACA. See below.

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  • Got married after filing the F4 application so my family was not called in for interview. How can I add family now?

    I got married after filing the F4 application so my family was not called in for interview which happened last week. How can I add family now? I know its a big question but if you can give me a link where all info is consolidated it will be greatl...

    Alexander’s Answer

    If you are referring to a sibling's petition you can add your wife at any time before the grant of an immigrant visa.

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  • Hi, I am having valid H1B visa. I would like to know validity of my employment agreement. Details below. Please help.

    In my employment offer letter which is in company letter head signed by me they mentioned like. Under Restrictive Covenant section. "If employee leaves the employment before completing one year on project will have to reimburse Company wit...

    Alexander’s Answer

    Employment agreements are not animals of US immigration law and should not be advised upon by immigration lawyer. Unless the agreements brings the actual wage under that promised in the LCA, there is no recourse under the immigration law. You need an employment lawyer.

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  • Temporary protected status question (TPS I-821) question?

    Hi, Do you choose category a12 or c19 for question 16 of I-765 ? This is the first time I am applying for TPS. I am filling TPS form I-821 along with Employment authorization form I-765. Thank you.

    Alexander’s Answer

    • Selected as best answer

    It is a bit complicated but I will try my best. Lets see if I succeed. I will explain for the benefit of the general public not only yours. There are two different benefits under the TPS regulations. The first is widely known as the Temporary Protected Status or the TPS. This is a humanitarian program underlined in the 8 CFR 244 tot which the form instructions refer - which provides one with the Temporary Protected Status. This status has several benefits. First, it shields the grantee from accusing unauthorized or unlawful presence. It is important because such presence of 180 days or more makes alien's reentry barred for three years. 365 days of such presence of more makes the reentry barred for ten years. While on TPS there is accrual of the relevant period which is on and of itself is a benefit. Second, it precludes deportation of the alien from the USA - with some exceptions of course - and allows the person to legally stay in the country. Third, it provides for a permission to work - a separate benefit one needs to seek under a(12) category by using form I765. Fourth, it allows to return from an international trip provided an advance parole document is first secured. There is a bunch of other smaller scale benefits for TPS individuals. Temporary treatment benefits for eligible aliens is a different benefit despite to some similar name. This is a less liberal benefit which mostly provides for EAD which needs to be applied for using the same USCIS form I765 but under c(19) category. This benefit applies to individuals who arrived between the registrations and cannot register. However, they can seek the benefit as a temporary measure so they could work in the USA and wait until the reregistration is authorized. When it is, they have 30 days form the new registration period start to file for TPS by paying the fee for that. The authority for that benefit can be found in 8 CFR 244.5. Hope it helped.

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  • 3 months Processing time in NYC for N400 ? Is that normal/usual?

    is it usual for processing time to be that short in NYC? from notice date to interview date will be 93 days (under the 3yrs rule, applied not 90 days prior but 5 days prior to eligibility). I thought NYC was backlogged

    Alexander’s Answer

    You got lucky. It does not happen that often. It is unusual in NYC.

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  • Would it be cost efficient to divorce my husband who is currently a CR1 or asking him to leave because of cheating?

    I married a guy from Ghana in 2012. Last year he talked me into adopting his niece & nephew. We started the adoption process in April 2014 and it was finalized in the High Courts of Ghana in Dec 2014. My husband completed his papers to be a Legal...

    Alexander’s Answer

    Well.. It is very sad what has happened to you. You can report him to ICE so that the US government knows about his true nature when he comes up to another interaction with US immigration law, but it is up to the Government to act. It is ever sadder that the kids are getting caught in the cross fire.

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  • TPS visa to H4?

    Hello, My country, Nepal recently got TPS for people residing in US, due to the crisis caused by earthquake. I am currently on H1B visa. Can I apply for TPS if in case I get fired and I go out of status? Also, I am going to marry my ...

    Alexander’s Answer

    I answered a similar question but about F1. Same idea apples.

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  • Engaged to US citizen

    I am engaged to a US citizen and we're getting married soon. I have a 12 year old daughter. Do we file for my daughter at the same time my husband files the petition for me? Ro do we do it later?

    Alexander’s Answer

    Depends on whether you are filing form inside or outside of the USA.

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  • I'd like to know if as a venezuelan journalist may I applied for asylum?

    If so which proof do I need?

    Alexander’s Answer

    The fact you are a journalist in and of itself does not make you eligible for Asylum. Talk to an immigration lawyer. Also see below.

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