Susan Beth Henner's Answers

Green Card lost. I-90 filed. Application denied

If the card was not returned as being undeliverable to USCIS, this means it was delivered someplace. So either it went to the old address or else someone may have taken it out of the mail. You can either file a new I-90 or else you can get an INFOPASS and go to the local USCIS office and show them that you timely and properly fled a change of address and the card was still mailed to an incorrect previous addess. At the very least they may re-process the card without making you pay the fee...

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My bf is in jail, and has a hold on him. How can I take that hold off?

There are certain crimes which will render him deportable even though he holds a green card. Whether or not he will be deported depends on many factors including the nature of the crime and the sentence imposed as well as the length of time he has been present in the United States. You should get a copy of the criminal disposition to show an immigration lawyer. He may or may not be eligible for bond from immigration detention depending on his crime. Certain crimes are subject to mandatory...

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Does it look poorly on an application if we filed a fiancé visa but got married before the paperwork came through?

The case will not be approved if you are now married. The fiancee visa is only available if you are not yet married! Now that you are married you would need to file the i130 petition for alien relative for your spouse.

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My boyfriend has an aggravated felony he did 364 days in jail. He's detained by the ins. Is there anything an immigration lawyer

If your boyfriend has a claim to citizenship he will not be removed. Often we find our clients are actually citizens where their parents became citizens before their 18th birthday. The only other relief from removal for an aggravated felon is if he has a claim to relied under the Convention Against Torture, meaning he can not back to his country due to fear he would be tortured on certain grounds. Or if his crime was not particularly serious and he fears persecution in his home country on...

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How long does it take for the approval of work permit for VAWA applicants ?

You usually get the work permit within 90 days of filing the adjustment application (the i485) with work permit. This may be delayed by the rfe. You don't mention that you filed the adjustment. It looks like you only files the i360 which does not by itself give you work permission.

My case in EB2 has been audited. How long will take DOL to finish the audit? Is there any current priority date?

The Prioriry date is the date the case was first filed. It stays with the case throughout it's life. An audit may be sent by DOL at any time. Such audit can take up to 24 months for DOL to complete. The case can not be completed until the audit is finished. It can set a case back a long time. Business necessity may be difficult to overcome. You may want to discuss the case with your attorney to see how to avoid this wait.

Filed H1B before graduation, now I am a week of my graduation but the petition is still in initial review, what to do?

Processing of h1 visas is taking about four months time. They are currently working on cases filed in July 2011. If you filed before that time you can contact uscis and ask for an inquiry as to why the case is delayed. Otherwise you can upgrade the case to premium processing to obtain adjudication in 15 business days

What if i was not present on deportation hearing do to not knowing

You should file a freedom of information act request to obtain a full copy of your file. Then you can see exactly what happened with your case and possibly reopen the case if you were not properly notified of a hearing and you has informed the Court properly of your new address.

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Can we petition a friend that is in immigration jail?

He will most likely be eligible to get out on bond provided there were no prior depirtationd or other crimes on his record. Once he is out he will have a trial with the immigration judge to determine whether he is entitled to status in this country. Sponsorship by an employer may take many years. In addition, to complete a petition by an employer he would have had to have filed something prior to April 30, 2001 or have maintained legal starus here, which it does not seem as if he did. However...

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Biometrics notice after I-485/interview approval?

They may just need updated prints if your old ones expired or are too old. Or they just may need then to process your card. Just go do them so you receive your card in the mail!

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