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Andrew Wilson

Andrew Wilson’s Answers

43 total


  • Spouse was denied Fiance visa in 2007 based on 212(a)(6)(c)(ii)

    My spouse was denied a fiance visa back in 2007 in Juarez Consulate apparently the alleged incident occurred sometime in 2000 when she was riding in a car with friends and exited vehicle to get into walking line in Laredo Border Crossing. For t...

    Andrew’s Answer

    I am sorry that this incident from back in 2000 has created such a problem for your wife and your family.

    First, applying for a tourist visa while married to a U.S. citzien may be difficult. The U.S. Consulate could view her as an intending immigrant unless you could show very strong ties of residence, employment etc. outside of the U.S. and no plans to live in the U.S. The intending immigrant would need to be addressed in her case.

    Second, with respect to a waiver, the two options are to review non-immigrant and possible immigrant waivers. It is hard to comment without knowing much more about the facts of the incident in 2000, but it is a positive that the incident took place more than 10 years ago.

    As general info, please find overviews of non-immigrant and immigrangt waiver options:

    http://www.srwborderlawyers.com/

    http://www.srwborderlawyers.com/212d3-nonimmigrant-waiver/

    http://www.srwborderlawyers.com/form-i-601/

    If you are serious about understanding options for your wife, you need to schedule a consultation with an experienced immigration attorney.

    Regards,

    Andrew M. Wilson, Esq.
    Serotte Reich Wilson, LLP
    www.srwlawyers.com
    awilson@srwlawyers.com

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  • My boyfriend is being held by the ICE is there anything that can be done?

    He came to the United States from Argentina legally in 2001. He was also in and out of the U.S before 2001. He went to court for receiving a DWI he was then detained by ICE. The DWI is his only offense. We are not married and he does not have any...

    Andrew’s Answer

    In general the DWI would not render him removable from the U.S., but rather it sounds like he may be an overstay and/or may not have legal status to be in the U.S.

    Whether he has any relief from removal from the U.S. depends on many factors, including under what status he last entered the U.S., family in U.S. etc.

    I received your e-mail and will follow-up this morning.

    Regards,

    Andrew M. Wilson, Esq.
    Serotte Reich Wilson, LLP
    www.srwlawyers.com
    awilson@srwlawyers.com

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  • Came to US in 2004 on H4 visa. Now Im 21, what can I do to change my status?

    Came to the US as a minor and dependent. Now Im 21 trying to go back to college and get a degree, but is hard without any form of income and is also harder to purchase with credit card without proper id. (I feel uncomfortable having my passport in...

    Andrew’s Answer

    How long have you been 21? Your H-4 status would have ended as of your 21st birthday. You may now be here in the U.S. w/o any status.

    Have you looked at changing to or obtaining F-1 status. Will your parents or any other relatives help with the costs of school?

    Regards,

    Andrew M. Wilson, Esq.
    Serotte Reich Wilson, LLP
    www.srwlawyers.com
    awilson@srwlawyers.com

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  • Can I work if EAD approved but card not received?

    My H1-B expires on Feb. 18th (six years). I applied 485+765 and online case status indicated my EAD is approved and in production on Feb. 13th. Can I keep work after Feb. 18th if my EAD not arrive in mail? what the effective date will be in my...

    Andrew’s Answer

    If your H-1B expired, no new H-1B extension was filed and you have not yet received your EAD card, you may not be authorized to work until the actual card is received.

    The problem will be with the employer and their requirement to properly complete the I-9. Without the actual EAD card in hand, the I-9 may not be able to be completed.

    You may need to wait unti the EAD card is in hand.

    Regards,

    Andrew M. Wilson, Esq.
    Serotte Reich Wilson, LLP
    www.srwlawyers.com
    awilson@srwlawyers.com

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  • Work visa for japan and Marijuana ACD in NYC.

    I was detained and had my fingerprints taken for posession of marijuana back in 2010 in NYC. I received a 12 month ACoD and stayed out of trouble. I am applying for a work visa at the Japanese consulate in NYC. Reading the site for the consu...

    Andrew’s Answer

    An Adjournment in Contemplation of Dismissal (ACD) is not a conviction for immigration purposes. INA § 101(a)(48)(A) defines a “conviction” as:

    * A formal judgment of guilty of the noncitizen entered by a court or, if adjudication of guilt has been withheld, where:

    1. a judge or jury has found the noncitizen guilty or the noncitizen has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilty, and

    2. the judge has ordered some form of punishment, penalty, or restraint on the noncitizen’s liberty to be imposed;

    Thus, a deferred adjudication disposition without a guilty plea (i.e. a New York ACD) is not a conviction for immigration purposes. See New York Criminal Procedure §170.55.

    You still need to answer any and all questions about ever being arrested honestly on the visa application paperwork. You need to provide info on the arrest and disposition and you will want to carry court paperwork of the disposition prioving it was resolved through ACD.

    If the consulate claims you are inamdissible, you should contact experienced immigration counsel who can address the issue.

    Regards,

    Andrew M. Wilson, Esq.
    Serotte Reich Wilson, LLP
    www.srwlawyers.com
    awilson@srwlawyers.com

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  • Work visa for japan and Marijuana ACD in NYC.

    I was detained and had my fingerprints taken for posession of marijuana back in 2010 in NYC. I received a 12 month ACoD and stayed out of trouble. I am applying for a work visa at the Japanese consulate in NYC. Reading the site for the consu...

    Andrew’s Answer

    An Adjournment in Contemplation of Dismissal (ACD) is not a conviction for immigration purposes. INA § 101(a)(48)(A) defines a “conviction” as:

    * A formal judgment of guilty of the noncitizen entered by a court or, if adjudication of guilt has been withheld, where:

    1. a judge or jury has found the noncitizen guilty or the noncitizen has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilty, and

    2. the judge has ordered some form of punishment, penalty, or restraint on the noncitizen’s liberty to be imposed;

    Thus, a deferred adjudication disposition without a guilty plea (i.e. a New York ACD) is not a conviction for immigration purposes. See New York Criminal Procedure §170.55.

    You still need to answer any and all questions about ever being arrested honestly on the visa application paperwork. You need to provide info on the arrest and disposition and you will want to carry court paperwork of the disposition prioving it was resolved through ACD.

    If the consulate claims you are inamdissible, you should contact experienced immigration counsel who can address the issue.

    Regards,

    Andrew M. Wilson, Esq.
    Serotte Reich Wilson, LLP
    www.srwlawyers.com
    awilson@srwlawyers.com

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  • I want to marry in mexico with my partner of 7 years i am american and so are our children we want to go back to the states but

    we are having a hard time living here in mexico and we are expecting another child. we are consindering in filing status here in mexico first but it is the time frame that we worry about. what about a spouse petition they say that it takes about 4...

    Andrew’s Answer

    The green card process would involve two stages:

    1.) I-130 filing with CIS Service Center
    2.) Immigrant Visa Process (IVP) through U.S. Consualte in Mexico

    The entire process can take approximately 10 months.

    The I-130 form is the petition for a foreign national relative. The U.S. citizen files this form with U.S. Citizenship and Immigration Services (USCIS) to establish the immediate relative relationship to the foreign national relative who wishes to immigrate to the United States. The U.S. citizen must file a separate I-130 form for each eligible relative. For example, if a U.S. citizen wishes to petition for his foreign national spouse and foreign national step-child, a separate I-130 must be filed for both the spouse and step-child.

    After the I-130 is filed and approved, an immigrant visa fee bill will be generated from the National Visa Center (NVC). Once paid, correspondence from the NVC will arrive requesting specific information and documentation in order to schedule the immigrant visa appointment at the U.S. Consulate.

    The NVC has a significant role in the next steps of the immigrant visa process by providing instructions to petitioners, sponsors, and visa applicants throughout the documentation gathering; reviewing required Affidavit of Support forms from sponsors to ensure compliance; and receiving fees, application forms, and other required documents from visa applicants.

    See:

    http://www.familytousa.com/immigrant-visa-processingconsu/

    You should consult with an experienced immigration attorney who can provide a case plan of actions, timelines etc.

    Regards,

    Andrew M. Wilson, Esq.
    Serotte Reich Wilson, LLP
    www.srwlawyers.com
    awilson@srwlawyers.com

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  • My green card will expire this coming Oct 2012. I acquired the card through a marriage that no longer exists.

    However, my new boyfriend is an American. How can I renew my card with these facts in mind?

    Andrew’s Answer

    • Selected as best answer

    If your green card is a 10 year permanent green card, you may simply file I-90 paperwork to renew it and obtain a new 10 year green card.

    If your green card has a two year validity and you are a conditional permanent resident (marriage was less than two years old when green card approved), you will likely need to self-petition and file I-751 paperwork to lift your conditional status.

    Ninety (90) days prior to the expiration of the conditional permanent resident card, the foreign national and their U.S. citizen spouse should file a petition to remove the conditions on the foreign national’s conditional permanent resident status.

    If the foreign national and the U.S. citizen spouse cannot file the petition together, then the foreign national may be able to file the same petition with a waiver of the joint filing requirement. Depending on the reason behind the couple’s inability to file the petition together, the timeline during which the petition can be filed and the documentary evidence to be submitted with the petition, will differ. Some of the more common situations are briefly described below.

    Foreign National & U.S. Citizen Spouse are Separated

    ~ When can the foreign national file?

    â– Any time after approval of conditional permanent resident status and after separation and prior to the expiration of the conditional permanent resident status and/or removal
    â– However, if the couple is currently separated and have commenced divorce proceedings, it would be ideal to file after the divorce is finalized.
    â– If this is not possible because of a rapidly approaching expiration date of the foreign national’s conditional permanent resident status, then they may still file but should ensure that the divorce decree will be available in a reasonable time period (i.e. before the application is adjudicated). Since the waiver option applies for those foreign nationals who are divorced, not merely separated or in the midst of divorce proceedings, the divorce must be finalized prior to the petition’s adjudication.
    â– Thus, filing the petition with a request for a waiver of the joint filing requirement on the grounds that the marriage has been legally terminated would only be allowed in situations where the marriage has in fact been legally terminated.

    Foreign National & U.S. Citizen Spouse are Divorced

    ~ When can the foreign national file?

    â– Any time after approval of conditional permanent resident status and after the legal termination of the marriage and prior to the expiration of the conditional permanent resident status and after the legal termination of the marriage and prior to the expiration of the conditional permanent resident status and/or removal

    ~ What documents should be submitted?

    â– Copy of the Final Decree of Divorce (or similar document legally terminating the marriage)
    â– Evidence that the foreign national entered into the marriage with the U.S. citizen in good faith â– Such evidence should include a personal affidavit from the foreign national explaining the facts that led to the breakdown of the marriage, together with evidence of the bona fides of the relationship such as jointly filed tax returns, co-mingled assets and liabilities, etc. while the couple was married

    For info see http://www.familytousa.com/remove-conditions-on-permanent/

    If the I-751 is required in your case, you should consult with an experienced immigration attorney who can review timing, docs etc.

    Regards,

    Andrew M. Wilson, Esq.
    Serotte Reich Wilson, LLP
    www.srwlawyers.com
    awilson@srwlawyers.com

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  • Does US consulate in London, UK allow first Time F1 to H1 status change for Indian Nationals?

    Hi I am an Indian national working with a startup in Cambridge. I have done my Masters from US and have recently received my H1. I have to travel to UK in February and will have to get my H1 stamped to return to US. Is this allowed?

    Andrew’s Answer

    In general, you should pursue your first H-1B visa through a U.S. Consulate in your home country.

    Since your degree is from the U.S., you may have more third country national options for your first H-1B visa than if your degree was from India.

    In general, you may have better luck purusing a visa through a U.S. Consulate in Canada before your trip to the UK. In general, it is more accepted and more viable to pursue an H-1B visa as a third country national in Canada than in the UK.

    Regards,

    Andrew M. Wilson, Esq.
    Serotte Reich Wilson, LLP
    www.srwlawyers.com
    awilson@srwlawyers.com

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  • My girlfriend entered The US legally overstayed her visa, we are having a baby soon can we marry and adjust status with her here

    Visa expired a year ago, I am currently in devorce process with exwife which was also here on a visa and got a green card. Would that affect the new marrage?

    Andrew’s Answer

    Congratulations on your baby.

    First, if your girlfriend last entered the U.S. with inspection but is an overstay, the good news is that she may still be able to file for and obtain her green card from within the U.S. based on marriage to a U.S. citizen. It is true that while most individuals who are here as overstays and/or have worked without permission are ineligible to obtain permanent resident status from within the U.S., this is not the case if you are applying for permanent resident status based on marriage to a U.S. citizen.

    One big issue in her case is proving her last lawful entry. If she had a passport stamped or she was documented in anyway (I-94), that makes the process much easier.

    Addressing the last lawful entry issue, she may still be able to pursue permanent resident status from within the U.S. based on marriage to a U.S. citizen. This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-131, I-864 affidavit of support, I-693 medical etc.

    You can find info on the green card process based on marriage to a U.S, citizen at:

    http://srwlawyers.com/ImmigrationOptions/GreenCard/GreenCardThroughMarriageToUSCitizen/tabid/173/Default.aspx

    Another issue is whether CIS will determine that she had the intent to stay permanently when she last entered as a visitor. Her intent at that entry may be questioned at the adjustment interview.

    Another issue is that you cannot marry until your divorce is finalized. Of course until that time she is here w/o status as an overstay, and that is never a good situation.

    Another issue to understand is unlawful presence. Depending on the length of her overstay, she may have accrued unlawful presence so that if she were to depart the U.S. she could trigger a 3 or 10 year bar to returning.

    Lastly, if you sponsored your soon to be ex-wife's green card, a subsequent marriage may be scrutinized more heavily and overall you may be questioned about the legitimacy of each relationship. Also, you may continue to have an affidavit of support issue for your ex-wife while taking on a new affidavit of support requirement for your new wife.

    Overall, given the number of issues in your case, you should consider consulting with an experienced immigration attorney.

    Regards,

    Andrew M. Wilson, Esq.
    Serotte Reich Wilson, LLP
    www.srwlawyers.com
    awilson@srwlawyers.com

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