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Alena Shautsova
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Alena Shautsova’s Answers

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  • Can my mom and I get our green cards expedited? (Updated!!)

    I came here when I was two (17 now). My dad brought us and now we're waiting for green cards. I-485 pending. Recently he had an affair and when back to India. He threatens us and says he will not let us live with him if we were to come back. Also ...

    Alena’s Answer

    If your father is waiting for a priority date to become current, it is impossible to expedite the process. You need to meet with an attorney.

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  • While I file my asylum case, can I still travel outside of the united state while its pending?

    can i travel while I file my asylum case, what if the case is refused by the immigration officer and while the case is on the appeal process.

    Alena’s Answer

    There is no appeal process. You will be put in removal proceedings, and you will not be able to travel. International travel is not recommended at any point after one files for asylum.

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  • Immigration...........

    If my friend has stayed over her visa date and sends in her Vawa papers which she should have done 3 months ago can she still obtain a approval even though she is now legally classified as being illegal?

    Alena’s Answer

    Is your friend married to a US citizen? Usually, yes, a self petition under VAWA will forgive the unlawful stay period.

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  • I 864 sponsor question.

    It is regarding I 864 form. Me and my joint sponsor only filled tax for 2913 and 14. My income is 14000. Also my joint sponsor is single and has income 40000. We both only filed tax for two recent years not three. I didnt have ...

    Alena’s Answer

    You might get an RFE. Ask your joint sponsor to get a letter verifying current employment.

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  • House hold size fir visa application

    i want to sponsor one of my cousin . for I 864 ask my house hold size. I am single but i live with my parents. I filed my tax return as single and my parents file jointly. I am not there dependent also i dont have any dependnet on my tax...

    Alena’s Answer

    It is one plus the Immigrant, so it will be TWO.

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  • Can i travel outside of USA, while my H4-ead application still pending.

    Applied H4-ead, got acceptance receipt notice. my spouse will stay back in USA to respond to any RFE if arise. is it ok for me to travel? or should i wait for EAD card to arrive before traveling outside of USA.

    Alena’s Answer

    You should be ok for a short term travel.

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  • I went for my green card interview today and got approved on the spot.

    The office said she will make copy of my wife's travers license to complete the green card approver. I am worried because my wife was in the jail for 2month last year for using a weapons to fight her ex boyfriend but she was not convicted, I am wo...

    Alena’s Answer

    Your wife is a US citizen, I assume. Was your wife convicted? If yes, what was the conviction for? Consult with an attorney.

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  • Change of Status from H1b to F1

    Hi, I filed a I 539 COS from H1b to F1 on 08/21 (Friday) overnighted it to be recieved by USCIS on Sat/ Mon (08/24). My last day of work is also 08/24. Am I okay from the perspective of the application being received on time or does it need t...

    Alena’s Answer

    It should be received before your status expires, of course. However, a one-two day gap may be excused sometimes.

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  • I want to convert my b1b2 visa to F2 from home country. Is it good to apply from India or with in USA?

    Currently I am in USA on B1B2 visa and my i94 expire on Oct2015. I married here in USA with my Girlfriend and she's on a F1 visa and i want to covert my b1b2 to F2 visa from my home country(India). I am afraid if they will cancel my existing visa ...

    Alena’s Answer

    You can apply for change of status in the US. Outside you will be applying for a new visa. Consult with an attorney regarding your concerns.

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  • Is it possible to work part-time on an approved EAD (based on asylum pending) while maintaining a lawful J1 status?

    As far as I know, J1 visa does not allow one to work for any other US employer apart from the one sponsoring the DS-2019 for J1 visa. If I have understood correctly, even taking up part-time, weekend work based on an asylum-based EAD card, ca...

    Alena’s Answer

    Why would you worry about it if you filed for asylum? The situation is that nobody is going to go after your J1 status, and even if you are kicked out of the program somehow, you already filed for asylum and will be in authorized stay status. Since J1 is a non immigrant status/visa, after you filed for asylum, it will probably not be extended anyway.

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