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Jan M Pederson
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Jan Pederson’s Answers

13 total


  • Deportation, immigration question

    If an individual has an old deportation order out, and gets picked up, and can he or she bail out?

    Jan’s Answer

    It is certainly possible, but is very fact sensitive. You absolutely need an expert immigration lawyers asap who is experienced in deportation matters and who is respected by immigration officials locally. Please provide more facts. There are certain cases where detention is mandatory. There are usually humanitarian exceptions. So, if you tell us what city the person is jailed in, his age, length of time in U.S., relatives in U.S. and what he has been doing all these years to contribute to America.

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  • Can I apply for Deffered Action and than can my husband request me residency after he becomes a usa citezen?

    What is the process by doing both of these

    Jan’s Answer

    if you entered the United States lawfully and are otherwise admissible, yes. if you entered without inspection and the laws do not change, then you will have to return to your home country or a third country and visa process. Do not proceed to apply abroad without expert immigration counsel as you will likely have a 3/10 year bar issue. You need a consultation with expert attorney.

    Jan

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  • Marriage to a Green Card Holder / USC

    If I file an I-130 based on marriage to a green card holder and that person later naturalizes can I change my status from second preference to immediate relative or would my wife have to file a new I-130 petition when she naturalizes? For a var...

    Jan’s Answer

    The petition will be upgraded to immediate relative and you will need to notify USCIS by sending in a copy of the citizenship certificate and I-130 receipt to USCIS.

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  • I want to apply for asylum but I'm worried please help!

    I'm from Morocco and I have been living in the U.S for about ten years now. I have been brought here when i was 12 years old with a visitor visa and overstayed my visa for 10 years now. I have recently converted to christianity from Islam and due...

    Jan’s Answer

    I agree with Charles. Generally one is required to apply for asylum within one year of entry unless there are changed or extraordinary circumstances which occurred after your last entry giving rise to a well-founded fear of persecution and you apply for asylum within a reasonable period of time after the changed or extraordinary circumstances.

    You need expert immigration advice before you file an affirmative asylum application. If the affirmative asylum application is denied, you will be placed in deportation proceeding where you can renew your asylum application.

    Thanks.

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  • As a crime victim, can I apply for U visa? This is my 2nd EWI. I was caught and removed after the first time.

    I was a victim of an violent armed robbery and suffered severe physical injuries. I have cooperated with Fed Law enforcement to prosecute the robbers. I want to apply for a U visa but I am afraid to because this is my second time entering the US w...

    Jan’s Answer

    Yes, you can apply.

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  • Can me or my wife get medicare for my usa baby

    im in process of 130 petition for a relative and my wife is a us citizen i also wanna know if this could affect my process

    Jan’s Answer

    Obtain means tested benefits from the US government could affect your ability to execute an Affidavit of suport for your relative. Specificallly, you may not be able to meet the income guidelines forthe relative.

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  • Citizenship by birth - any benefits for parents?

    if my wife gives birth in the US while being on B1/B2 visa - my understanding that the child receives US citizenship. Are there any associated benefits for parents, like a permit to stay longer, or different visa type, etc? thank you

    Jan’s Answer

    • Selected as best answer

    The child will be an American citizen. The parents can immigrate when the child turns 21. Often, one parent can remain with the child during the school year if they return home for the summer. An American child is considered an equity for various other benefits, particularly in removal proceedings and prosecutorial discretion matter.

    Jan

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  • J1 visa extension

    I'm currently on J1 visa which is supposed to expire in June 30,2011. Now I'm pregnant and my expecting date is July 1st. So I can not go back by that time. My husband also has J 1visa but his sponsor willing to extend his visa for another 6 month...

    Jan’s Answer

    If your DS-2019 expres on June 30, 2012, you have thirty days grace period before you are required to depart. In addition, you may want to change to J-2 status. You must leave the United States to get a new visa and then return in J-2 status. Do not try to change to J-2 in America.

    Also, don't ever go to a consular post without expert legal representation. You have several other issues here and you don't tell us your country of citizenship.

    See and expert immigration lawyer on J-1 issues.

    Jan Pederson

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  • Is it a bigamy or Polygamy and how to complain about it ANONYMOUSLY??

    is it a bigamy or Polygamy and how to complain about it ANONYMOUSLY?? I Know a person (Imegrant to the US) who's married. him and his wife both live in the US. recently, he married another person in a different country and planning on bringing ...

    Jan’s Answer

    The immigrant has commited the crime of bigamy, if he marries a subsequent wife if all prior marriages are not dissolved. In addition, his subsequent wife would be inadmissible to the United States as she does not have a valid marriage.

    You may report this person to your local Immigration and Customs Enforcement Office and to Customs and Border Protection at your nearest airport. You be be sure to have as much personal data about the person as possible such as legal name, green card number, date and place of birth.

    We do not need this person in America.

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  • Where can I find SEVIS DS-1029, to fill out following the loss of form DS-2019 for a teacher?

    Teacher was granted entry to US for 30 days stamped on I-94. Form DS-2019 was missing from passport. Form I-515A + original DS 2019 + original I-94 to be returned to DHS/ICE. Sponsor must complete the SEVIS DS-1029.

    Jan’s Answer

    Contact your prgram sponsor. Why was she only admitted for 30 days? Should have been admitted for Duration of Status, I believe. See the Responsible Officer or Alternate Responsible Officer at your exchange program.

    Jan Pederson

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