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Elizabeth Ann Kohler
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Elizabeth Kohler’s Answers

103 total


  • I sponsored my wife for green card which she recently received. Now I want to give up my own green card and switch to G4.

    I am a permanent resident. I sponsored my wife for a green card which she received recently. However, I myself. because of my job requirements and personal travel plans want to give up my green card now and get a G4 visa. Would this somehow impact...

    Elizabeth’s Answer

    I agree with Maria. It is not uncommon in the DC area for individuals who are permanent residents to decide to switch to G-4 for travel, business or tax related reasons. This should not affect your wife's status. It may affect when she is able to apply for citizenship. It may be a good idea for you to speak to someone about this and other related issues.

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  • Well my case is the green card is still on process and the ARC stamp is expired, is there other way to go to my country

    well my case is the green card is still on process and the ARC stamp is expired, is there other way to go to my country and re-enter the US?

    Elizabeth’s Answer

    It would also be helpful to have more information about your case as it may not be advisable for you to travel. For example if you are in removal proceedings and/or have received any criminal convictions since being granted permanent residency. In these instances you would be best served by seeking competent legal advice.

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  • I WANNA KNOW IF I CAN BENEFIT FROM THE NEW EXECUTIVE ACCIONS AND KEEP WITH MY CASE IN USCIS.

    HI I CAME TO THIS COUNTRY IN 2005 TROUGH THE BORDER AND GOT MARRIED IN 2006 TO A AMERICAN CITIZEN WE HAVE TWO CHILDREN I NEVER LEAVE THE COUNTRY AGAIN MY HUSBAND AND I APPLY FOR THE I130 GOT IT APROVED IN 2007 BUT I COULDNT LEAVE THE COUNTRY FOR ...

    Elizabeth’s Answer

    You should definitely consult with an experienced immigration attorney about your situation. Given the description of your situation, it seems like when you say you came through the border you were not inspected or admitted by a border patrol official and this is why you need to return to your country to apply for the immigrant visa as opposed to adjusting your status here in the US. If that is the case you may be eligible for the provisional waiver program. You can read more about this program here: http://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers. However definitely seek out legal advice. Good luck to you.

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  • Am I eligible to visit/meet US Client's team and do these things on B-1 visa?

    Hello. I'm an ukrainian Software Architect working for Ukraine company (Company A: developers), which has US-based partner company (Company B: accountants & salespersons). Company B has US-based Client X. By fact, Company A developers working remo...

    Elizabeth’s Answer

    The activities that you describe are legitimate for a B1 Visitor for Business PurposesNon-Immigrant Visa. The Foreign Affairs Manual for the US State Department specifically mentions consulting with business associates and negotiating contracts as examples of business activities that can be performed in the US while on a B1 visa.

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  • Waiver of re entry

    im from the philippines and was convicted and stayed 180 days in county jail. not sure of the charges but they dropped the drug case against me and after that the ICE released me and after few court hearings i was granted VD last april 2014 and ...

    Elizabeth’s Answer

    In order to properly answer your question, more information is needed about the type of visa for which you will be applying. The statutory waiver provisions and requirements differ depending on whether you are seeking to enter with an immigrant visa and become a permanent resident or a non-immigrant visa for a temporary period. The first step will be for your cousin to apply for a visa petition on your behalf. She should definitely seek out assistance from an experienced immigration attorney to be sure that the position offered and your education and professional experience meet the necessary eligibility criteria. USCIS often scrutinizes petitions filed by employers on behalf of family members to be sure that the employment opportunity is legitimate. If the petition is approved, you will apply for the visa through the US Embassy. If your prior conviction renders you inadmissible, you will be notified and informed about your eligibility to file a waiver. You will need to get certified dispositions of your criminal charges. You should also seek out sound legal advice and assistance with your waiver application.

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  • Asylum Case vs other reliefs

    In case of loosing asylum case, is it possible to apply for other forms of reliefs such as Adjustment of status based on marriage, or prosecutorial discretion ?? If I withdraw asylum, can I apply for another form of relief? Can I apply at a la...

    Elizabeth’s Answer

    If your asylum application is not approved and it is referred to the Immigration Court and removal proceedings are initiated, you can apply for multiple forms of relief, including adjustment of status and prosecutorial discretion (PD). Keep in mind though that PD is usually a last resort when you are not eligible for or do not have a strong case for other forms of relief. You are required to state all applications for relief for which you will be applying at the Master Calendar hearing when you enter your plea. However most Immigration Judges allow for you to later add a request for an additional form of relief, especially if you can demonstrate that you were not previously eligible for it or sufficiently explain why you did not initially request it.
    Applying for asylum and facing the possibility of removal proceedings are important decisions that have siginificant impact on your status in the US and you should be sure to seek sound legal counsel before going forward.

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  • I 130 part D Question 2

    I'm filling I 130 for my parents but 4 months ago I did it for my husband I'm very confuse what should I put there he still in process do I have to say that I don't know what to say I will appreciate your response thank you

    Elizabeth’s Answer

    You should fill in all of the requested information (name, date and place) for the petition that you filed for your husband and for the "result" you can put that it is pending a decision.

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  • I applied for asylum in june 2013 and still haven't had my interview. What can I do to expedite my interview?

    In june 2013 I applied for LGBT group in Vermont NY. I received a latter noting that my case is in block list. When will I have my interview? Is there any way to expedite my case?

    Elizabeth’s Answer

    You should talk to an attorney in your area that frequently practices at the asylum office that has jurisdiction over your place of residence. The individual asylum offices have different policies for trying to efficiently deal with cases in the backlog. For example here in Arlington, VA the office maintains a shortlist that attorneys can request to put certain eligible cases on. If there is an interview cancellation the Asylum Office will offer that slot to a case on the short list. Your local office may have a similar practice or another policy.

    Good luck with you case.

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  • How long it takes for USCIS to make decision on Asylum interview.

    No details

    Elizabeth’s Answer

    The typical timeframe is two weeks if you do not have any other lawful immigration status. Usually USCIS will ask you to return to the asylum office where you had your interview in two weeks to pick up the decision. This is the process at the office in Arlington, VA. You may want to consult with an immigration attorney in your area that is familiar with your local office to find out what is their specific procedure. If the applicant lives a far distance from the asylum office, USCIS will often mail the decision which may take longer. Also there are certain applications that are required to be transferred to headquarters for additional review and this can add significant time to the decision-making process.

    Good luck.

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  • Once my fiance is approved for a k-1 visa, how long will it be until he can work?

    Can he work within the 90 days you have to get married before he adjusts his status or will he be unemployed for a few months once he gets here and they process a work visa for him?

    Elizabeth’s Answer

    Your fiance should be prepared to be unemployed for a few months (approx. 2-3) while the work permit application is pending. While technically he would be able to apply for a work permit based on his K-1 entry, it is much more practical to wait until you have married and are applying for adjustment of status. He can include the employment authorization application and it will not require an additional filing fee.
    Good luck.

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