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Stephen James Antwine

Stephen Antwine’s Answers

28 total

  • I-485 Deadline without birthcertificate

    In April I got married and applied, with my husband, for I-485, I-130 and EAD. EAD and I-130 have been approved, but during our couple interview in August the interviewer told us that my abridged birth certificate is not enough and he needs the un...

    Stephen’s Answer

    I agree with the other attorney responses. You should send a letter to USCIS requesting additional time to provide the unabridged birth certificate. In your letter, you should be sure to include a copy of the request made to the government authority in South Africa, and any response received from them.

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  • Father of my kids has an immigration hold over a case he had in 2013. Would he be deported right away?

    We have 2 kids together and I'm pregnant now, he was detained today over a case he had in 2013 I believe over petty theft. He's from Guatemala and is scared to be in his country because of the violence and has no where to arrive at over there. The...

    Stephen’s Answer

    If your husband has a fear of return to his country and does not have a prior order of removal, he may file an asylum application. If he has a prior order of removal and he still maintains a fear of return, he may request a reasonable fear interview. He should consult an immigration attorney about his options.

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  • ASYLUM

    My kids BOY AND GIRL are US citizen should we include them in our asylum case?

    Stephen’s Answer

    Your United States citizen children should not be listed as additional applicants on your petition for asylum; however, they should be identified as your children when completing the application.

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  • What is the meaning of this annotation? November 2015 los angeles is he not allowed to visit other cities/state?

    My Philippine friend's visa was just issued this july 2015 and valid until jan 2016. He told the visa officer that he'll be on tour and will visit his relatives in LA. I want him to visit me here in new york.

    Stephen’s Answer

    Your friend has the right to travel freely within the United States once admitted.

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  • How long does it take for green card holder to get a green card for his/her spouse?

    I have heard around typically it takes 5 years to get a green card through marriage, but The Wikipedia says it takes 1-2 years (https://en.wikipedia.org/wiki/Permanent_residence_(United_States)#cite_note-visabulletin-22). IF 5 years is the anwer, ...

    Stephen’s Answer

    I agree that the best source of this information is the "Visa Bulletin."

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  • What happens in a administratively closed case after another hearing is scheduled?

    We had a final hearing on October 2013 and was approved for the cancellation of removal. In this case there are four people. Last year my mother and father got their green card for last year's quota. But for me and my sister the judge has administ...

    Stephen’s Answer

    You should speak with your lawyer about the case and get the details about what to expect at the hearing. The limit may have been reached for the number of cancellation of removal cases granted for the year. The immigration judge likely set another hearing with the intention of granting the case once there were numbers available.

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  • Oath Ceremony ....

    Hi, My online status has been changed to "Oath Ceremony Will Be Scheduled" We placed you in line for your oath ceremony and will send you a notice for Receipt Number NBC*XXXXXXX, with the date, time, and location of your oath ceremony. You...

    Stephen’s Answer

    The notification of the oath ceremony will contain the date and time when you should appear. You will need to follow the instructions about what documents you need to bring with you that day. If you need to make any changes to the date/time of the ceremony, you can contact USCIS (via the INFOPASS process) and change the date.

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  • Situation: Married an immigrant here on a work visa and we had a child together. She abruptly left after a year and 1/2 .

    She took our 15 month old son and I don't know where either are. It now seems to me that she married me to enhance her immigration status and to stay in the US. What are my options? I am filing for legal separation, divorce and split custody but h...

    Stephen’s Answer

    If you cannot afford an attorney you should contact Legal Aid, Catholic Charities Legal Services or another pro bono legal services group in your community. Your local bar association may be able to put you in contact with the appropriate organization where you can receive free or reduced fee legal assistance. Your question appears to be primarily a child custody question, not an immigration issue. There are services available to help you.

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  • Is it possible to solve an immigration problem where the immigrant has willfully misrepresented information on a US document?

    The immigrant was deceived into signing a sworn statement. He did NOT actually willfully misrepresent information. The immigrant is not allowed to enter the US.

    Stephen’s Answer

    The individual should consult with an immigration attorney to determine whether there is a waiver available. There is simply too much additional information required to make a determination about the possibility of a fraud waiver in this case. A qualified immigration attorney will need to carefully review the facts surrounding the signing of the statement and gather a full immigration history for the individual.

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  • Nvc or uscis

    I just summited my application for i601a to uscis. And today received an email to start sending my supporting documents to nvc. Should I wait to get an answer from uscis our should I gather the information for nvc and sent it?

    Stephen’s Answer

    • Selected as best answer

    USCIS now automatically notifies the NVC when you have filed an I-601A waiver. This will place a temporary hold on your immigrant visa application process while the I-601A is adjudicated by USCIS. It may be helpful to collect the necessary documents for the NVC, but you should wait until you have the decision for the I-601A before submitting any documents.

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