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Irene Vaisman
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Irene Vaisman’s Answers

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  • My wife is an UK citizen but she was born in Indian, does she have any easiest way/shortest way to reach to the green card, she

    I am on h1b and i haven't started green card process yet and both us haven't started any green card process yet.

    Irene’s Answer

    Your wife needs to follow the same rules as everyone else. Basically just because someone holds a British passport and we have very friendly relationships with Great Britain, does not excuse British nationals from not following the rules and laws of this country. Whether there are "shorter" routes based on her legal qualifications depend on the facts. Meet with a lawyer to discuss.

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  • Is there an option for an alien having a non-immigrant visa to change it to student or Green Card once s/he is in the US?

    One has Green Card and the other has visitors and they are planning to get married in the US. Which way is a better way, change of non-immigrant to non-immigrant (such as visitors to student) and then file Green Card or non-immigrant to Green Card...

    Irene’s Answer

    Yes it is possible to change status. Keep in mind that an LPR spouse although can file a visa petition, there cannot be a full adjustment until the spouse naturalizes or the non-immigrant maintains lawful status and the priority date becomes current. You also need to consider immigrant intent and other issues. Speak to an immigration attorney in person.

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  • LPR husband charged with Possession of a controlled substance less than 1 gram. Can he be deported or is there any relief ?

    My husband has been an LPR since the age of 4, he has not returned to his country of origin since. We married 14 years ago and have 2 kids under 18. I am a USC born abroad. He was charged with possession of a controlled substance -1 gram cocaine....

    Irene’s Answer

    Many factors would go into an answer here. He should obtain all of his criminal dispositions and discuss with a knowledgeable attorney in person. the attorney should have experience with immigration consequences of criminal convictions. Also, just because someone may be deportable, it does not mean there is no relief available should the worst happen and they are placed in removal proceedings.

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  • Can you get your citizenship revoked if you are in Armed Forces?

    Married in Aug 2012, got conditional GC in Jan 2013, joined military in Dec 2013, got naturalized with conditional GC in 2014. Me and my spouse as of Apr 2014 are legally separated (VA separation agreement) . She is threatening (being vindictive) ...

    Irene’s Answer

    On the facts as you describe, most likely not. But I would keep all evidence of a bona fide marriage just in case.

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  • My asylum case: looking for an advice on what I can do?

    I filed an application seeking for an asylum to the asylum office in San francisco, CA on Oct 2011 and I appeared for an interview on Jan 2nd 2012 in front of an asylum officer. The outcome of this interview was that I was stated that I was out of...

    Irene’s Answer

    You generally describe a set of very specific and complicated facts. The best place to turn to right now would be your lawyer as he/she already is aware not only of the asylum claim, but all other factors. It is difficult to "tell you or help you" with what to do because one needs to know everything, all facts.

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  • Would That Be Considered A Visa Fraud?

    when my friend went to his interview to get his B1/B2 visa, he said that he was going to visit a university when he was asked what the purpose of his trip was, because he was considering going there to continue his education in the U.S - he used t...

    Irene’s Answer

    With the circumstances you describe above, it is not visa fraud.

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  • Can I get married with non-US citizen when I am pending for asylum? In this situation, would my wife has a benefits?

    Can I get married with non-US citizen when I am pending for asylum? In this situation, would my wife has a benefits of derivatives?

    Irene’s Answer

    Yes, you can get married. If your application is approved, hers will as well if you make her a derivative on your application. Same is true if your application is denied and you are referred to the Immigration Court.

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  • How can i apply for a visiting visa for my fiance to US?

    I am a legal permanent resident in US and my fiance is in Nigeria. We are getting married in July and want to visit US for our honeymoon. She has been denied a tourist visa a few months ago when we applied. We did not tell the consular or indicate...

    Irene’s Answer

    She was denied due to intent or reason to believe that she may have immigrant intent. Of course you can try again, showing a very specific itinerary and other ties to the home country. No one can guarantee the result. You also may need to worry about being consistent with what was previously written and indicated on the application.

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  • My Mum and Dad are green card holders and i am a non US citzen aged 32 from Poland? Can they sponsor me & how long will it take?

    Green Card

    Irene’s Answer

    If you are not married, they can sponsor you. It will take a little bit, but sooner than if a sibling sponsors you (I am referring to your other question).

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  • My Brother is US citizen and i am not aged 32 from Poland? Can he sponsor me & how long will it take?

    Green card

    Irene’s Answer

    Your US citizen brother can start petitioning for you. Will take about 10 years.

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