Igor A. Voloshen’s Answers

Igor A. Voloshen

Philadelphia Immigration Attorney.

Contributor Level 8
  1. Applying Green Card during EAD/OPT, can I still stay in the US legally after EAD expires?

    Answered about 1 year ago.

    1. Igor A. Voloshen
    2. Sameera Sani
    3. Gintare Grigaite
    4. Alexander Joseph Segal
    4 lawyer answers

    If you and your US citizens significant other get married and file for an adjustment of status, you will not be violating the law by staying in the United States because you will be "in process" to adjust. There is no "best time" to apply for adjustment of status -- the best time is the time you get married and are capable of applying via I-485 for adjustment of status. As part of that application you may also submit an I-765 to obtain another EAD extension. I think consulting a competent...

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  2. Form I 130 and I 485

    Answered about 1 year ago.

    1. Igor A. Voloshen
    2. J Charles Ferrari
    3. Majid Vasigh
    4. Danny Garmo
    4 lawyer answers

    First, I assume you mailed your entire adjustment of status application package to USCIS via Express Mail or Courier Service (such as DHL, UPS, or FedEx), if so then you sent it out to the RIGHT address and the fact that you merely failed to write "USCIS" is not a big deal is unlikely to cause problems - the address is right and it will get to where you want to go. Second, you were indeed supposed to submit TWO G-25A forms in total -- one for the petitioner and one for the applicant/...

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  3. What happens now my Wife has just become a Citizen and I am From UK Living here with my son?

    Answered 12 months ago.

    1. Igor A. Voloshen
    2. Jeffrey Adam Devore
    3. Shahzad Ahmed
    4. Robert Louis Brown
    4 lawyer answers

    If I understand you correctly, your wife filed an I-130 for you and your son, while she was an LPR and held a green card and before becoming a US citizen. I assume the I-130 of course has not been adjudicated yet and you are waiting for an answer. Now that she has become a US citizen, you should DEFINITELY notify both USCIS/DHS and it would be wise to file for adjustment of status (I-485) based on your pending I-130 petition. As far as your son goes, I would need to know more details to...

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  4. Received an I-797E, Notice of Action, requesting Evidence. I have already provided them everything that I could. What now?

    Answered about 1 year ago.

    1. Alexander Joseph Segal
    2. Igor A. Voloshen
    3. Tripti Sharad Sharma
    4. Francisco Javier Alvillar
    4 lawyer answers

    A decision will be made on the evidence submitted. I like the suggestion of my colleagues on providing and additional statement explaining what you have previously provided and asking for a decision to be made.

    5 lawyers agreed with this answer

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  5. I have an asylum based green card, I am returning to the US after 11 months, do I need to bring anything to prove my absence?

    Answered about 1 year ago.

    1. Gintare Grigaite
    2. Danny Garmo
    3. Igor A. Voloshen
    3 lawyer answers

    You should absolutely bring with you as much evidence as possible to show that you intended and have preserved your residence in the United States and to explain why you were gone so long -- i.e. medical records, affidavits, etc. You should have filed for a preservation of your LPR status prior to leaving the United States if you were going to stay for over a year outside of US. You may run into problems at the border. Some evidence should include utility bills, housing leases/mortgage evidence,...

    5 lawyers agreed with this answer

  6. Husband being non-resident allien in i-130 petition, can we show our credit cards together? Please read the details, thanks

    Answered about 1 year ago.

    1. Alexander Joseph Segal
    2. Samuel Patrick Ouya Maina
    3. Igor A. Voloshen
    3 lawyer answers

    Absolutely, you can use these items as evidence of commingling of your marital assets and funds.

    5 lawyers agreed with this answer

  7. Do I need a waiver in order to go back to the US?

    Answered about 1 year ago.

    1. Igor A. Voloshen
    2. Haroen Calehr
    3. Ksenia Alexandrovna Maiorova
    4. Robert Louis Brown
    4 lawyer answers

    It is safe to assume that when you left the US in 2010, you were "noticed" at the border and placed on a unlawful presence list. If so, it is also safe to assume that you will need a waiver to enter the United States again under a Fiance visa or an I-130. The waivers are challenging to obtain, although as of late there are major reforms on waivers for certain foreign nationals already in the US. I suggest you contact a competent immigration attorney to guide you through the process and...

    5 lawyers agreed with this answer

  8. What to do????

    Answered about 1 year ago.

    1. Alexander Joseph Segal
    2. Samuel Patrick Ouya Maina
    3. Igor A. Voloshen
    4. J. Thomas Smith Ph.D.
    4 lawyer answers

    You have been issued a RFE (request for additional evidence) -- standard procedure in USCIS review. It does not mean that you will necessarily be denied relief. It does mean you have to act fast and respond properly. You will be given some time to provide extra evidence and supplement your filing. However, I would highly advise you to seek help of a competent attorney, given the uncertainty and a very new DACA procedure.

    4 lawyers agreed with this answer

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  9. Filing I-485 after I-130 has been approved( husband is under removal proceedings).

    Answered 12 months ago.

    1. Igor A. Voloshen
    2. Ralf D. Wiedemann
    3. Mary Carmen Remigio Madrid-Crost
    3 lawyer answers

    You may not file a I-485 with USCIS without first terminating the case in removal proceedings within the immigration court -- otherwise USCIS has no jurisdiction and will deny your I-485 based on that reason alone. Termination of removal proceedings is usually done via a written or oral motion in court and if there is no issues, DHS/ICE counsel should agree to terminate the removal proceedings. If so, the judge will instruct you on applying for adjustment of status via I-485 and usually ask you...

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  10. When to send Affidavit of support?

    Answered 12 months ago.

    1. Igor A. Voloshen
    2. Danny Garmo
    3. Ingrid Arnalda Morfa
    4. Suzan deSeguin-Hons
    4 lawyer answers

    I have always sent it out along with the rest of the adjustment of status documents (I-130, I-485, I-131, and I-765). This way the officer has it available during your interview and there are no surprises. You may always supplement the record at the interview with updated tax returns and/or pay stubs BUT I would suggest sending it out along with your applications. Good luck.

    4 lawyers agreed with this answer