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Ralf D. Wiedemann

Ralf Wiedemann’s Answers

3,176 total


  • Should I initiate background check for employement before receiving the EAD?

    I am on L2 visa and is still waiting for the EAD as my I 765 is not approved yet. Meanwhile I have got a job offer and they want my ssn for background check. Since my work authorization is not approved yet, is it possible that the background check...

    Ralf’s Answer

    I do not believe that a background check would indicate whether or not your are authorized for employment. So it should be OK to do such a check before your EAD is issued.

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  • Why my case ( I751 ) still pending till now and it been 15 months since I sent my papers ?

    My case ( I751 ) been pending for 15 months now and I still didn't get an answer, is that normal even though my local immigration office received my case from Vermont center about 5 months ago ?? Or there is something wrong with my case ?

    Ralf’s Answer

    Without seeing the materials you submitted with your I-751, we can't say what could be wrong with your case. Five months does seem a bit long, but the local office may be backlogged on scheduling interviews for I-751s. You can make an Infopass appointment to inquire and to get a temporary permanent resident stamp in your passport.

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  • Can I pass the citizenship now thru the INA -320?? Or we should wait for my husband to became a citizen??

    I'm a US citizen thru my father. Living in the US since 2003, had a son born abroad. Unable to pass citizenship when child was born (2007) because didn't meet the 5 years Residency requirements prior to child birth. Living with child in the US ...

    Ralf’s Answer

    When all of the elements of INA 320 are met, the child is automatically a US citizen. It sounds like your child is a USC and has been from the date the child became a permanent resident. You can file an N-600 for a certificate of citizenship, or you can just apply for a US passport for your child, with documentation of having met the elements of INA 320.

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  • Will this be a problem? What questions will we expect during the interview? Will there be suspicion of visa fraud?

    I am a USC and I met a woman during a trip to Egypt and we talked about getting married. She visited her sister who lives in Houston and visited me on a B2 visa to get to know me better and we really like each other. We will be getting married i...

    Ralf’s Answer

    There will be some suspicion of that. It will help if she had the B-2 visa already before meeting you, but even if she applied after meeting you she had a reason to visit the U.S. apart from you. It would be best if your marriage takes place more than 60 days after she entered the U.S. and of course that she apply for AOS more than 60 days after she entered the U.S.

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  • Do I have to let the immigration office know that i'm in a divorce process regarding a pending case?

    I'm a U.S. citizen and I married a guy who was not citizen, so we started the process so that he can get his green card. He received the 2-years green card and after two years we did the process of the conditions removal and since June, the case i...

    Ralf’s Answer

    You should let the USCIS know about the change in your marital status, once the divorce is final. But you are still responsible for the affidavit of support that you submitted for your husband. So if you ever move, you have to send the required sponsor's change of address form to the USCIS, for as long as your obligation remains (even if you are divorced). It's not your problem, but if he did not inform the USCIS of his new address, he may not receive the notice telling him he needs to come in for an in-person interview, which is what the USCIS will send him once it learns from you about the divorce. And if you only married him so that he could get a green card, you should talk to a lawyer right away.

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  • Travel out of US of a permanent resident

    How long can a permanent resident stay out the US? My husband and son whose been here in the US for 8mos are planning to go back to our country next month for an important matter.However, we are unsure if they could stay there more than 6mos or po...

    Ralf’s Answer

    It is best to have no trips of 6 months or longer outside the U.S. If they must remain outside longer, they may have to demonstrate that they are still residents of the U.S. when they return (between 6 and 12 months). If they are outside the U.S. for one full year, their green cards will be invalid and in most cases they will have lost their permanent resident status.

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  • Found a couple of minor mistakes on my N400 application.

    My case status says I've been scheduled for an interview, so in preparation I decided to go over my N400 and I realized I made a couple of minor mistakes on the form: 1. In the section where they ask about where I've lived in the last 5 years I...

    Ralf’s Answer

    The answers that changed after you filed the N-400 were not incorrect when you completed and sent in the form. If you want, you can inform the officer of those changes at the interview. The dates and places of your residence and employment probably are not important, but you can bring an amended listing with you to your interview.

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  • If my H1 to H4 is approved next month and EAD is approved 3 months thereafter, can I continue to work in H1 for the 3 month gap?

    My H1B 6 year limit is expiring in 4 months. I applied for PERM 3 months back. My PERM may not be approved on time and I will have to move out of country. I am planning to apply for H1 to H4 EAD along with my spouse H1 extension in premium process...

    Ralf’s Answer

    No, you cannot work during the time that you are in H-4 status but do not yet have an EAD.

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  • How is work?

    Good afternoon! Dear Sr./Mrs./Ms. If I apply for my N-400 form, while my I-751 is still in process does that give me another for one year extension? Thank you.

    Ralf’s Answer

    No, you would separately need to make an Infopass appointment at the local USCIS office to have a temporary I-551 stamp placed in your passport.

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  • What are my options here?

    Hi, I am a student in the US on F1 visa and am scheduled to graduate in August. I am 3 weeks pregnant now and by the time I give birth to my child, I would be on my OPT. I am pursuing a non-STEM course and hence am subjected to only a year long OP...

    Ralf’s Answer

    As my colleague stated, the child would be a US citizen. It might also be a citizen of your country (and of your husband's country), depending on the laws of that country. You could apply for a change of status to F-2 as the spouse of your F-1 husband. Or you can continue your studies past your OPT working period and remain in F-1 status.

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