Elizabeth Ann Kohler’s Answers

Elizabeth Ann Kohler

Washington Immigration Attorney.

Contributor Level 10
  1. What does "A new processing period will begin when we receive your response."means?

    Answered over 1 year ago.

    1. Elizabeth Ann Kohler
    2. Sameera Sani
    3. F. J. Capriotti III
    3 lawyer answers

    Usually they will tell you what this time period is once they notify you that the response has been received. Generally it is 60 days.

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  2. Is there any way to find out if there's already an order of removal from immigration point of view?

    Answered 7 months ago.

    1. Elizabeth Ann Kohler
    2. Robert Louis Brown
    3. Richard Arlen Alvoid Jr.
    4. Kyndra L. Mulder
    5. Guerline Ladouceur-Laurore
    5 lawyer answers

    If you have kept your address current with USCIS and not had any criminal problems or applications filed after you fell out of H-1B status, it is unlikely that removal proceedings were initiated against you and resulted in an in absentia order. However if you want to be sure which is always a good idea, you could do a Freedom of Information Act (FOIA) request to the Executive Office of Immigration Review - http://www.justice.gov/eoir/efoia/foiafact.htm. This would let you know if a case had...

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  3. Became a citizen ship of USA

    Answered over 1 year ago.

    1. Elizabeth Ann Kohler
    2. Alexander Joseph Segal
    3. J Charles Ferrari
    3 lawyer answers

    Assuming that you do not owe any federal taxes or have any unpaid child support obligations, the fact that your husband and children provide you with financial support should not affect your eligibility to naturalize. You will however have to demonstrate that you meet the physical presence and continuous residence requirements. Hopefully you have a valid passport that will help with this. There may be other more creative forms of proof that you could come up with to demonstrate your presence...

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  4. If I was on a TPS and failed to apply and stayed in the country can I reapply even though my last approval period was in 1999?

    Answered over 1 year ago.

    1. Elizabeth Ann Kohler
    2. Irene Vaisman
    3. Alexander Joseph Segal
    4. Samuel Patrick Ouya Maina
    4 lawyer answers

    Generally to re-register for TPS you need to have registered for each prior period that TPS was renewed for your country. However you do not say what country you are from and it is possible that the TPS for your country has been re-designated. You should bring all your paperwork and speak to a competent immigration attorney that is knowledgeable about TPS to see what your options are.

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  5. HI, I'm changing my status from B1/B2 to Student visa, i received REQUEST OF EVIDENCE requesting a reason for DELAY IN FILING.

    Answered 7 months ago.

    1. Alexander Joseph Segal
    2. Elizabeth Ann Kohler
    3. Kelly Lynn Ryan
    3 lawyer answers

    If you can demonstrate that the application was properly sent and received prior to October 20, 2013 (which it sounds like you can) and that the error on the receipt date was that of the agency, then your explanation should be accepted and the filing should be considered timely. It could be that the explanation that you sent in on November 1st (presumably when you realized their error and the effect it may have on your application) never made it to you file which is why they issued the request...

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  6. My father received an order of deportation but didn't leave the US. What are the consequences?

    Answered 7 months ago.

    1. Carl Michael Shusterman
    2. Elizabeth Ann Kohler
    3. Guerline Ladouceur-Laurore
    4. Ashkan Yekrangi
    4 lawyer answers

    More information is needed about your father's situation before it is possible to answer your question. If your father has not already done so, he should request a complete copy of his file from USCIS (which would include prior INS file) as well as EOIR (Executive Office of Immigration Review - Immigration Courts). A letter from USCIS advising your father to depart the country because his application was denied is not the equivalent of a deportation or removal order. However there are many...

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  7. Is premium processing available to EB3 (multinational managers and executives)?

    Answered over 1 year ago.

    1. Elizabeth Ann Kohler
    2. Giacomo Jacques Behar
    3. Irene Vaisman
    4. J. Thomas Smith Ph.D.
    5. Alexander Joseph Segal
    5 lawyer answers

    Your question is confusing as there is no Employment Based 3rd Preference (EB3) for multinational managers and executives. Presumably you meant to ask about EB1. If that is the case, premium processing is not available for this category. You may wish to refer to this chart on the USCIS website: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=971b60657dd68210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD....

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  8. Asylum Pending Case

    Answered about 2 years ago.

    1. Carl Michael Shusterman
    2. Elizabeth Ann Kohler
    3. Rebekah Bell Rodriguez
    3 lawyer answers

    Out of status and undocumented are not really legal terms found in the Immigration and Nationality Act (INA) but more terms used in everyday discussion or for political purposes. Out of status generally refers to someone like yourself who came with a valid visa but then remained in the US after that status expired. Undocumented is generally used for those who enter the US without being inspected by an immigration official. My colleague above provides you with a better legal description of...

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  9. I want to sponsor my mother's green card. However, I have a job offer overseas. Can I still sponsor her.

    Answered 7 months ago.

    1. Ajay Kumar Arora
    2. Alexander Joseph Segal
    3. Elizabeth Ann Kohler
    4. Shabnam Lotfi
    5. Gunda Johanna Brost
    6. ···
    7 lawyer answers

    Actually as part of the sponsorship process you will need to provide an Affidavit of Support (Form I-864) for your mother. One of the requirements for completing the I-864 is that you be domiciled in the US. Depending on how soon you are planning on taking the job offer you may wish to speak to an attorney to discuss options and how to maintain your US domicile. Good luck.

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  10. What can I do for my friend to be LEGAL...again

    Answered over 1 year ago.

    1. Irene Vaisman
    2. Elizabeth Ann Kohler
    3. Samuel Patrick Ouya Maina
    4. Justin Eric Elder
    5. J Charles Ferrari
    5 lawyer answers

    More information is needed to answer your question. Generally a work permit refers to employment authorization and is not a way for an individual to enter the country. Presumably you are referring to a non-immigrant employment-based visa such as an H-1b. If he is out of status then in general he will not be able to change or extend his status. Depending on how long he has been out of status and what his period of authorized stay was, he may be able to depart the country to apply for a new...

    5 lawyers agreed with this answer