Ofelia L Calderon’s Answers

Ofelia L Calderon

Fairfax Immigration Attorney.

Contributor Level 10
  1. Can my husband pay for the DS-230 form fees at the time of interview

    Answered about 1 year ago.

    1. Alexander Joseph Segal
    2. Ofelia L Calderon
    3. Paul M. Ruby
    4. J Charles Ferrari
    5. Alexander M. Ivakhnenko
    6. ···
    6 lawyer answers

    Very unlikely. You need to pay the immigrant visa fees and submit all the appropriate documents to the National Visa Center before you can be scheduled for an immigrant visa interview.

    6 lawyers agreed with this answer

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  2. HI Im illegal and I been married since 2009 and my wife just got her citizenship

    Answered 12 months ago.

    1. Alexander Joseph Segal
    2. Ofelia L Calderon
    3. Daniel Patrick Hanlon
    4. Obadan Unuigbojie Iziokhai
    5. Aggie Rachel Hoffman
    6. ···
    6 lawyer answers

    The steps required depend on how you entered the U.S. and what else you gave going on in your case. If you entered legally, you can apply for adjustment of status. If you did not, then you need to seek advice about a waiver and determine if you qualify for the new waiver program. Seek experienced immigration counsel to help you do so.

    6 lawyers agreed with this answer

  3. How can i get my citizenship?

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Ofelia L Calderon
    3. Samuel Patrick Ouya Maina
    4. J Charles Ferrari
    5. F. J. Capriotti III
    5 lawyer answers

    Once you are married, your wife can file a family petition on your behalf and you can file an application for permanent residence. You will need to show that your marriage is bona fide. If you apply right away, you will probably get conditional residence as you will have been married for less than two years at the time of approval. You will need to file a joint petition to remove those petitions at the two year anniversary of approval and then after that, if you are still married and have...

    6 lawyers agreed with this answer

  4. I m a us citizen.i wana sponser my mom,dad and siblings.is there any way they all come together ?

    Answered over 1 year ago.

    1. Ofelia L Calderon
    2. J Charles Ferrari
    3. Michael Hugh Carlin
    4. Dean P Murray
    5. Theodore John Murphy
    6. ···
    6 lawyer answers

    Unfortunately, they cannot all come together. As a US citizen, you can file immediate relative petitions for your parents and they can come fairly quickly. The downside is that there are no derivative beneficiaries...so you can file separate petitions for your siblings but the wait is approximately 10 years. The best thing to do is for your parents to file petitions for their children under the F2A category as soon as they get their green cards through you. There is still a wait but it is...

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  5. Hi, does use of Tax Identification Number is as same as Social Security Number or no?

    Answered almost 2 years ago.

    1. Ofelia L Calderon
    2. Giacomo Jacques Behar
    3. Stephen D. Berman
    4. Thomas Esparza Jr.
    5. Dhenu Mitesh Savla
    5 lawyer answers

    No. It is not the same number.

    5 lawyers agreed with this answer

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  6. Can i be granted a green card through marriage if a sibling has already petitioned for me?

    Answered over 1 year ago.

    1. Ofelia L Calderon
    2. Calvin T. Sun
    3. Carolina Martin Ramos
    3 lawyer answers

    No effect unless you got your permanent residence already. It sounds like, the petition was approved but that the visa number has not become current, so you have not obtained permanent residence. The visa through your new US citizen spouse will be immediate so you will be able to get permanent residence much sooner.

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

    Answered 7 months ago.

    1. Ofelia L Calderon
    2. Peter Anthony Jabaly
    3. Samantha Lauren Van Scoik
    4. John Anthony Manuel Boneta
    4 lawyer answers

    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...

    5 lawyers agreed with this answer

  8. What should be included in and how should a letter from a professor be phrased in a response to an H1B RFE?

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Ofelia L Calderon
    3. Anu Gupta
    4. F. J. Capriotti III
    5. Ismail T. Shahtakhtinski
    6. ···
    6 lawyer answers

    I am sure there are online examples, but I cannot speak for those examples. There are actual organizations that specialize in expert letters and of course, a good immigration attorney that knows the law is a dab hand at assisting with these letters. You would be best off consulting with an experienced immigration attorney to ensure that you do this properly since you won't get another chance at this.

    5 lawyers agreed with this answer

  9. My I-130 has been approved, do I still need an adjustment of status?

    Answered almost 2 years ago.

    1. Veronica Tunitsky
    2. Ofelia L Calderon
    3. Giacomo Jacques Behar
    4. F. J. Capriotti III
    4 lawyer answers

    Yes, you still need the AOS because the I-130 is just a request by the qualifying relative to get you an immigrant visa. You need to use that to get your permanent residence, if possible.

    5 lawyers agreed with this answer

  10. I am on student visa. took semester break and on medical leave have EAD do not do job what is my status? EAD or F1?

    Answered almost 2 years ago.

    1. Ofelia L Calderon
    2. F. J. Capriotti III
    3. J Charles Ferrari
    3 lawyer answers

    If you are on medical leave and it is documented with the school, you are probably still on F1 if the EAD was through the F1 as well. You need to speak with your foreign student advisor to ensure that you are still in status. If necessary, you can see an immigration attorney separately to confirm but I would still talk to the student advisor.

    5 lawyers agreed with this answer