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Marc Damien Sean Taylor

Marc Taylor’s Answers

1,278 total

  • I live in Mexico My girlfriend just have visa to work in USA, We want to get married, but I need to know If I can have a visa

    I need to know How Is the best way to be with my girlfriend, I have B2 Visa to travel in USA, how Is better Get In to The USA Married In USA and change my status, or married in Mexico and do all the paperwork in Mexico

    Marc’s Answer

    If you enter the US on a tourist, with the intent to adjust your status while their, it can be deemed a fraudulent entry. I would not recommend it.

    Get married and you should be able to obtain a visa at the consulate with the proof of the marriage and your wife-to-be proof of valid visa (H-1B, TN, etc.).

    You also do not have to pay the USCIS filing fees, so it is very cost-effective.

    See question 
  • Does cosigning on a mortgage for a family member affect my chance of removing the condition on my green card based on marriage

    I am on a two years conditional green card and I was sponsored by my wife.

    Marc’s Answer

    No, it should not affect your ability to get the permanent green card.

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  • I am with employer X on H1B. I will get my visa stamped when I goto india on vacation this December.

    Now, I am getting an offer from employer Y who is ready to transfer my H1B. 1) How long it takes for the paper transfer? 2) When the transfer process is going on, can I still go ahead and get my visa stamped wi...

    Marc’s Answer

    1. Regular processing - 3-9 months. Premium - 15 days to a few months (depending on whether an Request For Evidence is issued).

    2. No, as my colleague stated, you should not still go ahead and get your visa stamped with prior employer.

    You should speak to the attorney handling the transfer to discuss any other issues.

    Although I would not recommend traveling while the petition is pending.

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  • I have an O3 visa, I got a job offer and need to change my status to get a work permit

    I have an offer from a company that wants to hire me as soon as possible and sponsor me, therefore I would like to know what kind of visa I have to apply for, what documents the company have to provide me to complete my application (contract ....)...

    Marc’s Answer

    It is difficult to provide you with an answer as you did not indicate the type of job and other information.

    You should consult with an immigration attorney to determine if you qualify for any type of employment visa - O-1, or if you are from Canada and Mexico the TN for example.

    The H-1B quota is filled so the earliest date you can file is April 1, 2014 for an October start date.

    For employment cases, it is the employer filing the petition.

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  • I want to adopt my cousin that is here as a Dream Act alien. He is 22 years old. Can I adopt him?

    He was brought here when he was a child. He lives with me and is in college.

    Marc’s Answer

    If you want to do this to straighten out his immigration situation, then no you cannot. According to US immigration law the adoption must be finalized before the adopted child's 16th birthday.

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  • How does the Foreign Residency Program work? What are the requirements to be eligible in this program?

    My realtor informed us that if you invest a certain amount in real estate in the U.S., one would be able to get a green card.

    Marc’s Answer

    Question was previously answered.

    Cannot get green card by merely buying real estate (that is considered a passive investment).

    If you are interested in the EB-5 Investor visa you should contact an attorney who handles such cases. They are complicated and not something you should undertake on your own.

    You can get referrals to attorneys from this site or from

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  • How does the Foreign Residency Program work?

    My realtor informed us that if you invest a certain amount in real estate here in the U.S., one would be able to get a green card.

    Marc’s Answer

    Simply buying real estate in the US will not get you a green card.

    Your realtor might have confused getting and EB-5 green card (investment). You should contact an immigration attorney who handles such cases.

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  • I'm confused about some parts of the I-751 form, can you help? (waiver)

    I'm filling out the form I-751 waiver and there are 2 options I am a little confused about. In PART 1, 22. It asks if I have resided at any other address. If I have moved since my separation, do I select yes and use the previous address (in which...

    Marc’s Answer

    #22 asks if you have resided at any other address since you became a permanent resident. If you have then you check yes. You also provide an addendum for every address you have resided at since becoming a resident.

    If you know the answer to #23 then answer.

    If you are having such difficulties with the petition, you really should consider hiring an attorney to file the waiver.

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  • I-751 interview process..

    If the marriage is real but not enough evidence and documents during the interview..will they automatically deny the ROC or they will schedule for stokes interview? Also, if you don't have enough evidence but you passed the stokes interv...

    Marc’s Answer

    If you already passed a Stokes interview, you should know that USCIS wants to see a lot of evidence for your joint-life. In the 2 years since the green card was approved you should have been maintaining these documents.

    Usually, USCIS will issue an Request for Further Evidence (RFE), if they feel that you did not provide sufficient proof on the I-751.

    If after you respond to the RFE, USCIS still doubts that your marriage is bona fide, they will schedule an interview. If you pass the interview, then the I-751 will be approved.

    USCIS will not just approve an I-751 based upon the facts that you passed the Stokes Interview.

    If you have not file the petition yet, I would recommend retaining an attorney to prepare and file the petition. You can contact either my office or a colleague.

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  • Asylum Officer told me to pick up decision and when I went there was no decision. Why could this happen?

    I am a student in legal status. They said it will be mailed with no explanation for the delay and no idea when it would be mailed. Does this happen often? Why does it happen?

    Marc’s Answer

    USCIS and the various immigration courts handle thousands of cases a day. So, it is understandable that mistakes are made.

    That delay should not be seen as reflecting badly on your case.

    I understand how frustrating this can be, but the only thing you can do is be patient and wait for the decision.

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