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Marc Damien Sean Taylor

Marc Taylor’s Answers

1,285 total


  • 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 www.aila.org

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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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  • Gap in employment on H-1B after lay off and international travel

    Posting this question on behalf of my friend, - Laid off from company A in Sep 15th 2012 while on h1b (stamp valid till sep 2014 and I-94 valid till oct 2014) - Got another job in company B and petition received by uscis on Oct 25 2012...

    Marc’s Answer

    I agree with my colleague, she needs to sit down for a consultation.

    This is not the place to get the detailed analysis that she needs.

    She can get a referral from this site or www.aila.org.

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  • Can a non-US citizen change their name here in the US (PA), w/o changing it in their native country? Follow regular PA laws?

    My fiance is here on an F-1 student visa (good until 2016). We're getting married 9/2014. He wants to change his name legally in the US (but not in his native country- wants to keep passport, birth cert, etc as is for now). We will be residing ...

    Marc’s Answer

    This is not an immigration question.

    If he is not planning to change any of his documents, then why would he change his name?

    If you are planning on filing any immigration documentation, using the new name, then it will not match any of his documentation. This may raise issues as to why he wants a different name in the US.

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  • H4 when H1 employer gets changed

    I have now transferred H1 from Employer A to B. Should I ask my employer to transfer H4 of my spouse and kid too or can they remain in the US in same H4 applied thru Employer A because the petition expiry of my H1 (and hence their H4) remains the ...

    Marc’s Answer

    You do not transfer an H-4. As long as you are in valid H-1B status and their H-4s are not expired, they are fine.

    Remember, their status is tied to your H-1B status, not the employer.

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