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Andrew Wilson's Answers
- 41 Legal Answers
- 6 Legal Guides
4
Attorney answers:
My green card will expire this coming Oct 2012. I acquired the card through a marriage that no longer exists.
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...
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3
Attorney answers:
I filed an AR11 after finding out it was necessary to file one. I had not filed since 1995.
The chances of this affecting your ability to renew your green card or pursue naturalization are very slim. While filing the AR-11 is a requirement for an LPR when you change addresses, and now that you understand and know about that requirement you should continue to do so when you move in the future, the fact that you did not do so before is not likely to be an issue for you. In my experience, I have never seen U.S. immigration pursue anything against an individual because of an AR-11...
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4
Attorney answers:
Does the TN Visa have a maximum times that it can be renewed?
There is no maximum like with an H-1B or L-1. We have had clienst that have maintained TN status for many years, including back before NAFTA when it was known as TC status. Although TN status is temporary and one must show non-immigrant intent, its "temporariness" is often misunderstood. Under NAFTA, a TN applicant must prove that the entry for the employment opportunity is temporary. NAFTA explicitly defines temporary entry as meaning “entry into the territory of a Party by a business...
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3
Attorney answers:
How much investment amount is good for E2 visa?
There is no set rule about the minimum amount of money that must be invested in order to qualify for an E-2 visa. It is true that the closer the investment approaches $100,000, the stronger the E-2 case, but that really depends on whether a new business is being started or an existing business purchased. That does not mean, however, that investments of less than $100,000 cannot qualify someone for an E-2 visa. Indivduals are approved for E-2 visas with investments of less than $100,000....
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4
Attorney answers:
I would like to file a k3 application along with refilling a I-130, can I do this?
I am sorry that your husband's immigrant visa was denied. This is a serious issue because the consulate may be concluding that this is not a real and legitimate relationship. This could open the door to a fraud/ sham marriage determination. In some cases, that can create criminal charge concerns. Your matter needs to be reviewed to make sure there is no potential for any fraud determination. You need to address this issue because no susbequent I-130 or IVP process will be successful with...
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1
Attorney answers:
Need Info : Moral turpitude & N400
If you were convicted of disorderly conduct, that would not normally be a CIMT. This is still an issue for good moral character considerations, but since it occured more than 10 years ago it would normally not be an impediment. Also since it would not be seen as a CIMT there should be no risk to removal proceedings. If you were convicted of theft, that would be considered a CIMT and you would need to qualify under the petty offense exception in order not to worry about renovability. Again...
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2
Attorney answers:
A foreign national owning a business and extracting profits in the USA is legal as long as the work is done outside the USA.
Technically speaking, there should be no U.S. immigration issues for a foreign national owning a business in the U.S. and extracting profits out of that business while residing outside of the U.S. There should not be any immigration status required if you are not working in the U.S. This scenario can cause problems though if you wish to enter the U.S. as a visitor for business or pleasure. CBP may assume or conclude that you will be doing some type of work here in the U.S. if you are the...
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4
Attorney answers:
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
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...
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4
Attorney answers:
Does US consulate in London, UK allow first Time F1 to H1 status change for Indian Nationals?
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....
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5
Attorney answers:
My girlfriend entered The US legally overstayed her visa, we are having a baby soon can we marry and adjust status with her here
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...
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