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Ofelia L Calderon

Ofelia Calderon’s Answers

125 total


  • Marriage immigration: Spain-Europe, living with a F1 visa in the usa with my boyfriend american.

    We are considering to get married in spain and after the process come back to the usa. Once we will get married there, he would need to apply for k3 where? in the american embassy in spain? How long the process could be? He wants to stay overseas ...

    Ofelia’s Answer

    As my colleagues have stated, there is more than one option available to you. I think it is worth the consult to speak with an experienced immigration attorney to go over your options and consider the positives and negatives of the options.

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  • Trespassing Disposition with Not Guilty (with sufficient evidence to prove the guilt)

    I was charged with Petit Larceny in VA. Got the charge reduced to a trespassing and a defferred disposition (dismissed after 6 months). On this, I signed a document, which had an option to plead "Not Guilty - with sufficient evidence to prove the ...

    Ofelia’s Answer

    Facts sufficient to prove guilt is generally considered a conviction for immigration purposes as the definition of a conviction under immigration law is either a finding of guilty, a guilty plea, or a finding of facts sufficient to prove guilty. The implications depend on your particular situation. In general, trespass is not considered a crime involving moral turpitude but you really need to present the record of conviction to an experienced immigration attorney AND explain your current immigration status. As an immigration attorney, I can really only answer question 1. Question 2 would be a yes for purposes of immigration, but employment is a different matter.

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  • HI, My Girl friend has a valid Green Card Status and I am currently working in US on valif L1 Visa can she apply for my GC?

    HI, My Girl friend has a valid Green Card Status and I am currently working in US on L1 Visa, Can she apply for my GC and how long it will take? I have heard that F-2A category GC processing time has decreased consdierably which used to range ...

    Ofelia’s Answer

    It is true that the F2A category line is quite short, but the petition still needs to be filed and you cannot file concurrently for the greencard until the priority date is current. The length of time it would take really depends on processing now at USCIS. Even though the line is shorter, the processing times can still vary. See an experienced immigration attorney to work out your strategy while you are still in L1 status.

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  • Can i ever become a permanent resident having live in this country for over 20 yrs and having tps?

    I came to the US with my parents at the age of 10 in 1992 from Honduras, we have had TPS since day one and wanted to know if I can ever become a US resident having TPS and living here for 22 yrs. Thanks

    Ofelia’s Answer

    I simply cannot tell based on your post. As my colleagues have stated, TPS does NOT lead to permanent residence, but there may be other ways. Consult with an experienced immigration attorney.

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  • Voluntary departure a year and half ago now I want to marry to an amer. citizen and will be my sponsor will work to come back

    I had a working permit before

    Ofelia’s Answer

    It sounds like you can do this but there are lots of questions that need to be answered. No deportation order is always good. The real question is why you were in proceedings and what if any unlawful presence you have. Contact an experienced immigration attorney. It's worth at least the consult.

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  • Is it possible to come back to the us to bury your us citizen spouse even if you over stayed your visa waiver and havea5yearban?

    I'm a Citizen of the UK who overstayed her visa waiver and i have a 5 year ban that was imposed as of April 30th 2013 when i got deported to the UK, i also have a 7 year son who is a US and UK citizen. My husband may he rest in peace has passed...

    Ofelia’s Answer

    There is a waiver available for a non-immigrant visa that covers many many things, but it isn't easy and frankly, I don't know the reason for your deportation in 2013. You need to seek counsel. There are a number of good U.S. immigration attorneys in the U.K. Talk to one.

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  • Will my kids get entry to the states when they overstayed but their both born abroad and the dad didn't apply for their visa yet

    Were in Germany right now but we wanna fly back to the states I have a green card just the kids don't have one yet and my husband is stationed in the USA and the kids are not his but their dad doesn't wanna give us the paper and now I don't know i...

    Ofelia’s Answer

    I don't think there is enough information in your post. I agree with my colleague that minors cannot accrue unlawful presence, but I am curious about the status of their current visa. Would you applying for a tourist visa or attempting to use the same VWP? It is difficult to predict what CBP will do. Moreover, I think the issue with their dad is important. You really need to consult with an experienced immigration attorney.

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  • Is buying a house in US help in getting permanent resident ?

    i have family based green card. if my parents bought a house in Us will this can help them get permanent resident.

    Ofelia’s Answer

    Not really. Home ownership is only relevant (maybe) in cases involving waivers and even then...

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  • L2 to F1 status

    Hi L2 VISA, EAD expires by FEB 2014 L2 i-94 expires by DEC 2014 L1 VISA expires by FEB 2014 L1 i-94 expires by DEC 2016. for my Spouse the employer is filing for new H1 in APRIL. I want to join the colleague i...

    Ofelia’s Answer

    If your L1 status remains valid, and you remain employed by your L1 employer, you may go to a master's program without changing status. If you are not going to remain employed by employer and not going to maintain L1 status, then you must file a change of status. If your wife get's an H1B which would be valid starting October of 2014 (if it is her first), that would not help you in March of 2014. You need to speak to an experienced immigration attorney before taking any steps.

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  • Green card marriage fraud complaints by usc spouse

    I married this american guy to receive my resident alien status .we lived in different places some how I was granted temporary card my us citizen.husband after a big fight went to immigration office withdrew his petition he said he just did it f...

    Ofelia’s Answer

    If he has gone to USCIS, I think you can expect an interview or worse. I agree with my colleague in that if the marriage was fraudulent, it is marriage fraud and it would be difficult to resolve the situation. I also agree that you owe it to yourself to at least consult with an experienced immigration attorney.

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