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Nicole R. Abruzzo

Nicole Abruzzo’s Answers

3 total

  • I apply for my wife and baby last six months and still in initial review I also have heart transplant I also have dc latter

    I apply for my wife and baby last six months and still in initial review I also have heart transplant I also have dc latter and the latter say I only can be in USA .can u help but can it be fast or may be for visa and I'll finish applying for he...

    Nicole’s Answer

    I am really sorry about what you are going through. Under certain circumstances, such as medical emergencies, a person's family may enter the United States under humanitarian parole to come here more quickly without waiting for petition approval and visa processing. This process may still take some time and should not be used in place of the normal petition and immigrant visa processing. In fact, there is an expectation the family will depart the United States after the the emergency for which they were paroled into the United States is over. Should you have any questions please feel free to contact me at 212-227-3636.

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  • Deadline for asylum application

    what is the deadline for asylum applications for international students who are out of status.

    Nicole’s Answer

    While the deadline for asylum is one year from entry, there are exceptions under 8 c.f.r. Section 208.4 for materially changed and exceptional circumstances. One such exceptional circumstance is having maintained status (for example F -1 student) for a reasonable period prior to applying for asylum. As explained by the Board of Immigration Appeals in Matter of T-M-H- & S-W-C-, 25 I&N Dec. 193 (BIA 2010) proving an exception to the one year filing deadline (changed or exceptional circumstances) does not necessarily give you an additional year to apply for asylum and what qualifies as a "reasonable period" after an exception to the one-year deadline varies. To get legal advice, you should speak with a attorney regarding your particular circumstances.

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  • My i-130 was expired, What can i do to get it back up?

    My i-130 was approved but I couldn't apply for AOS because I was an EWI. How do I get a new i-130? will i have to file a new i-130 or i can just ask them to reopen it? I plan to got o my country with advanced parole to get the f-1 visa I am an imm...

    Nicole’s Answer

    • Selected as best answer

    You do not require a new I-130 because I-130s do not expire. You need to ensure that you will qualify for advanced parole. If you do not have a pending I-485 (green card application) that may be problematic, unless you qualify for advance parole for some other reason. Your TPS may protect you from unlawful presence, and if you do obtain advance parole under the Board's recent decision in Matter of Arrabally, you should be protected against triggering unlawful presence. Another option, to be absolutely protected, would be to file a waiver of inadmissibility for unlawful presence and waiting for a decision even before traveling abroad to consular process to ensure that you are absolutely protected before traveling abroad. Please be advised, however, that these are general responses and to obtain legal advice, you should seek an attorney's advice and show the attorney all of your immigration documentation prior to making any decisions about how to proceed.

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