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Richard W Chang

Richard Chang’s Answers

27 total

  • Change H1b to A2, but they want a letter from my current employer stating that i want a change of status? Before INS Approves!

    After submitting my photo and forms During the Visa process the protocol office at the embassy said, in order to continue i have to obtain a letter from my current employer requesting Date of when i started and position (which is fine). However, a...

    Richard’s Answer

    I would suggest you contact your visa office at the embassy to seek clarification. You are correct that what you are being told doesn't make any sense.

    A change of status application normally does not require that your present employer write a letter stating that you (the applicant) is seeking to change visa status. A letter from the embassy is normally required to state they want to employ you and wish to sponsor your A-2 visa.

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  • BIA Appeal was filed but 1800 have no info on filing.

    I filed BIA appeal for my asylum application denied by IJ. Few days before 1800 no. tell appeal is filed and pending now it has no info for filing/decision. Before it says that ij has ordered removal now its says case is pending ( not appeal). Wh...

    Richard’s Answer

    I would suggest calling the BIA Clerk's Office to double check on whether they received your appeal in time.

    BIA Clerk's Office
    Filing Information
    703-605-1007

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  • My US citizen filed a I-130 for me. It says that I am not eligible to adjust my status. Can you pl tell me why?

    I came to the US in 2005 ( from St.Lucia), on a B-1/B-2 tourist visa. I was inspected, and got an I-94. I've been married to my husband for 2 years now. When we got married he was a green card holder, but last year he became a US citizen. That i...

    Richard’s Answer

    • Selected as best answer

    If you are married to a US Citizen and entered on a visa with a valid I-94, you are eligible to apply for legal permanent resident. You would need to file a Form I-485 and Form I-765 (work permit) along with all applicable fees and documents (including a copy of the approved I-130).

    If you have any criminal history, I would recommend consulting with an immigration lawyer to make sure you qualify for a green card.

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  • Will an expunged record for a 3rd degree misdemeanor still show up at the Canadian border?

    I received notice from the court that my pre-trial diversion program was successfully completed for a 3rd degree misdemeanor charge, and my record has been expunged. This is NOT for a DUI (driving record still clean). I did a background check on m...

    Richard’s Answer

    Expungement only deals with public records and does nothing to remove you from the various law enforcement databases. You would need to consult with an immigration attorney to determine whether your conviction is a "crime of moral turpitude" that may prevent you from re-entering the U.S. Depending on the crime, you might be deportable as well.

    Consult with a Canadian criminal attorney for more details regarding their crimes database and whether they have access to US databases. If they do, then your misdemeanor charge will show up on the system.

    I highly recommend you consult with an immigration attorney before making any travel plans.

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  • Changing jobs while on EAD, is AC21 documentation needed ?

    I have retained an attorney for my the attorney of record for my I-485 application when I left my EB3 GC sponsoring company to work for another company (A) on EAD. She filed the AC21 documentation at the time. I am now leaving company A to join...

    Richard’s Answer

    In order to preserve your AC21 eligibility, you probably should consult with your prior attorney again to make sure USCIS knows that you are moving to another company

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  • My husband father fild for him when i enter his recitpe number the uscis is saying its post decision activity

    what does that mean

    Richard’s Answer

    It could also mean that there has been a Motion to Reopen filed with his case. I would check to see if your father-in-law has a lawyer working on the case or has received any docuements from USCIS.

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  • Do political refugees go through the same trial process as other asylum seekers? If not, what kind of court and authority takes

    care of political refugees' trials? Last, is the jury system applied to political refugee cases, and is it applied only in the US? Thank you.

    Richard’s Answer

    DISCLAIMER:
    This is not legal advice and should not be construed as such. This is a general answer and can apply to anyone seeking to apply for political asylum. To understand the full implications of your particular situation, please consult with an immigration attorney who will examine your paperwork and give you legal advice.

    If you are present in the US, you can file for political asylum if you fit the qualifications. Keep in mind that if you have been in the US for more than one year without filing an asylum application, then you would have to explain why you didn't file earlier, otherwise, you will not qualify.

    Applications for political asylum are file with the US Citizenship and Immigraiton Services (USCIS) first. An Asylum Officer will interview you and allow you to present all of your evidence. They can grant, deny and refer your asylum case. If the Asylum Officer denies your case and you are illegally in the US, they will refer you to an immigration judge for a hearing and you will be place in Removal Proceedings (Deportation). There is NO JURY trial. All cases are heard by an Immigration Judge appointed by the US Department of Justice (USDOJ). That will give you a hint about your chances of being granted political asylum in the US. More information about asylum can be found in the first link I provided below.

    Trac Immigration is an independent organization that provides some great statistics on political asylum. I've included the link below as well.

    I would urge you to consult with an experience immigration attorney in political asylum before filing any application to ensure that you protect your legal interest.

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  • A person in the US on a temporary visa gets married to a citizen. Is there a problem with him purchasing a home once married?

    He is in the US on a B-1/B-2 visa which expires in April, 2012 but he has a 6 month temporary visa that expires in April, 2011. He will go back to Nigeria and return shortly afterwards. We will then get married upon his return. Will he be able ...

    Richard’s Answer

    DISCLAIMER:
    This is not legal advice and should not be construed as such. This is a general answer and can apply to anyone seeking to apply for legal permanent residence. To understand the full implications of your particular situation, please consult with an immigration attorney who will examine your paperwork and give you legal advice.

    First, the B-1/B-2 visa holder has to have the intention to VISIT when entering the US. If his intention is to get married, then he is committing fraud. If you intend to get married, you can file a K-1 visa instead. These are taking about 4-6 months to process in the US. Once he receives a K-1 then he can enter with his visa and must get married to you within 90 days. More info on this can be found in the link below.

    Once you get married, you can file the I-130 Immigrant Petition for Alien Relative and the I-485 Application to Adjust Status to Permanent Resident (Greencard application) plus the I-765 Appliation for Employment Authorization (Work Permit). You'll get your work permit about 3 months after filing the application. Once you have a work permit, you can get a social security number, then you can open bank accounts and possibly apply for loans based on each banks requirements. For more specific loan mortgage information, check with your lender.

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  • Can i stay in US for a week after my contract with C1d visa?I will disembark in New York and would like to stay there for a week

    Do they require any kind of paper that allows me to stay?Do i need to show a confrmation about my reserved flight for a week later?

    Richard’s Answer

    You can only stay as long as the date stamped on your I-94 (white card), otherwise you will fall out of status. If you want to stay longer, you should consult with an attorney to discuss your case.

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  • Have an EAC but filed for TPS since immigration officer suggested it, but have not heard anything in 7-8 months, what can i do?

    After getting a receipt and doing fingerprints, I have not heard anything from uscis at all, is there a reason for that? What can cause a TPS case to take this long?

    Richard’s Answer

    Have you tried calling the USCIS information line? If not, call it and speak to an officer. They will tell you that it is still in process, but will give you a case # to follow up later.

    Wait a week or two, then make an INFOPASS appointment with your local office and check on your status there. Bring the case# you got from the 800 number in case they need it. I usually find that Infopass with local office tends to shed more light than trying to contact the various Service Centers.

    Good Luck!

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