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Marina Shepelsky

Marina Shepelsky’s Answers

180 total


  • Do I need an attorney for my immigration status?

    Hello, I am an international and I am in my OPT period, which ends in December 2015. Me and my boyfriend (a U.S citizen) are thinking to get married so we can stay together. Is it too late for us to start the paper works? How long does it norma...

    Marina’s Answer

    It is not too late. You can get married now and start the paperwork for your green card through marriage to a US Citizen right now. WE would be happy to help you, 718-769-6352.

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  • Does applying for immigration affect my chances of getting a B1/B2 visa given that I have an invitation to attend a conference?

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    Marina’s Answer

    If you mean that you filed an Immigrant Visa, then yes - a pending immigrant visa petition may affect your ability to receive a tourist visa since the US consul may think you plan to just use the tourist visa as a means to get inside US and never to return to your home country since you plan to permanently immigrate to US.

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  • Is there Minimum income requirement to sponsor an immigrant to USA even if they are young five years old and three years old ?

    I am a USA citizen and I wand to sponsor my wife and tow kids( five years old and three years old ). What is the Minimum income requirement to sponsor my family .. Please help me

    Marina’s Answer

    You have to look up your family size here. http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf
    Assuming you have no other dependents, you are 1 person, plus your wife and two kids are 3, the total household size being 4. For a family of 4 people, you have to make MORE than $30,312 to be the only sponsor.

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  • On green card form, what is "immigration proceedings"?

    The i-130 asks if the beneficiary as ever been through "immigration proceedings" what's this? One of the options is exclusion/deportation. Does exclusion include if my spouse was ever denied a visa?

    Marina’s Answer

    "Immigration Proceedings" means if you ever had to appear in Immigration Court or received any Notices to appear in Immigration court or were told you will soon receive such notices. Exclusion/deportation is a process in Immigration Court where the Government has a case against you to deport you to your home country.

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  • Immigration waiver of inadmissabilty

    I have a I-485 pending can I and should I file for a waiver of inadmissabilty ? Thanks in advance .

    Marina’s Answer

    Are you asking about the waiver simply because you are out of status? If so, you don't need to file until USCIS specifically requests it. You may not need a Waiver if you entered US legally (not as a transit or crossed the border illegally) and are filing based on marriage to a US Citizen. Waivers are required when there is a question of fraud, crimes, etc.

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  • Can file forms I-131 concurrently with I-485.

    I received my citizenship few weeks ago and I want to apply for my wife who is currently living with me in the US. We got married here in NY last year. She entered the US back in 2012 (that's when we started dating) via F1 visa which expired the s...

    Marina’s Answer

    You can indeed file the I-131 Application for Advance Parole as part of your wife's Adjustment of Status package.

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  • How long does it take to remove conditions and send new green card?

    How long does it take to finalize the decision for removal of conditions from my marriage bases green card, I have submitted my joint petition I-751 with my wife.

    Marina’s Answer

    Depends. From 6 months to a year is a good estimate. However, I have had cases where a well-supported I-751 petition filed jointly (where not much has changed since the date of getting the first greencard -- adjusting status) was approved in 4 months or less. Generally, however, up to year.

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  • If make over 30,000 dollars last year as a taxi driver can i file affidavit of support for myself for i-485. ,

    my work authorization is expired but am still working because i work for myself driving taxi, made gross over 30,000 dollars last year and am getting married and want to file i-485 , can i support myself with my tax documents as affidavit of suppo...

    Marina’s Answer

    You cannot use your own income in this scenario for the Affidavit of Support. Your spouse must be able to support you with her income, or show that she has enough money in the bank for the last 12 months consistently as the difference needed for her to be the sole sponsor.

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  • Should I file I-190 if my green card was mailed to old address even though I updated USCIS with my new address well before.

    My green card was mailed to my old address even though I had updated USCIS with my new address and had also received a confirmation mail to my new address regarding this update a couple of months back. The card was returned by the person currently...

    Marina’s Answer

    • Selected as best answer

    Call USCIS first, sometimes they are able to re-mail the Green Card to the correct address. If not, file I-90 and do not include a fee (since the green card did not reach you due to USCIS error).

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  • Do i need an immigration lawyer to renew my green card ?

    My green card expirerd feb 2013 while i am outside the US, i could not return back due to family reasons to renew it , now i would like to travel back. Is it possible to renew my green card ( from us embassy or USCIS) while i am outside the us or ...

    Marina’s Answer

    Not possible to renew the green card from outside the US because you have to biometrics (photo/fingerprints) with USCIS inside the US. What I recommend you do is come to US with your expired green card, they (CBP - Customs & Border Patrol) must let you in. However, this may trigger issues in the airport.

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