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Safiya Webber Byars
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Safiya Byars’s Answers

28 total

  • What is the chance of getting F2 visa after rejection of B-visa & F2-visa 1st time?

    My wife got rejected to F2 visa under 214(b). She was denied for B-visa before our marriage. Her sister is a US citizen and parents are green-card holder. I came here under F1-visa and transferred my school to another school. During interview for ...

    Safiya’s Answer

    I am sorry to hear that your wife's visa application was denied. These issues are sometimes difficult to sort out because your wife has to show that she does not intend to remain permanently in the US. You have the option of reapplying. I would recommend that you and your wife seek counsel. It could be possible that your wife could secure her own work visa or student visa depending on her qualifications and your family goals. Best of luck to you.

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  • Should I apply for a F1 student vsia?

    I got admitted by a master program in the U.S. , but I just submitted my green card application. The semester starts in March. I don't think I can get my green card by then. In this case, should I apply for a F1 student visa? Will it affect my pen...

    Safiya’s Answer

    Congratulations on your pending green card and your entry into the Masters program. Applying for a F-1 visa will not affect your green card. However you may not need to apply for an F-1 visa if the school will accept you with your employment authorization and proof of a pending I-485. I would recommend that you speak with your school and then consult an attorney if necessary.Best of luck to you.

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  • Missing the immigration inspection officers. What is their schedule like?

    So me and my wife have been going through the green card marriage for quiet some time. Since 2011. Most recently the immigration officers started looking for us. Supposedly to our house or family jobs. Funny part is, it's always bad timing when w...

    Safiya’s Answer

    Based on your question it appears that you and your wife may be under investigation as Immigration does not usually visit your home and your neighbors. You will have to let them do their job, However I would strongly suggest that you hire counsel to assist you as your case is not a typical case. You may utilize the Avvo find a lawyer feature to locate and hire counsel. Best of luck to you.

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  • Immigration.

    I'm a US citizen, I filed for my single brother I-130 for my single brother to immigrate to the USA two years ago, he got approved and waiting for the priority date. Now my mother is green card holder, my brother wants to stay single forever, my ...

    Safiya’s Answer

    Immigration will permit you to have multiple applications pending. You do not need to withdraw your petition. Your mother can file her petition and both petitions can be pending at the same time. Best of luck to you.

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  • My son's interview for visa has scheduled on next week. He reached age of 21 in 2 weeks after form I-130 was accepted.

    Should I worry about this and can I do something now?

    Safiya’s Answer

    I agree with everyone. If you are a United States citizen your son may be able to benefit from the Child Status Protection Act. The Act was created to help your son to avoid the delay that is normally associated when a child ages out i.e., turns 21 years old. This is an issue that should be addressed at the US Consulate in your son's home country. Sometimes in order to take advantage of the Child Status Protection Act you have to be aggressive in your approach and you must follow the calculations as prescribed by the Act. If you are not familiar with the Act I would strongly recommend that you use the Avvo feature to locate an attorney who can assist you. Best of luck to you.

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  • Traveling to Puerto Rico with I-589 receipt

    Hi - I want to make sure I don't run into issue with customs when traveling to/from PR with my valid international passport (issued in Kyrgystan) and receipt from my I-589 application. Thanks!

    Safiya’s Answer

    You are okay to travel internationally. Puerto Rico is a part of the United States so this is domestic travel. Safe travels.

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  • Can He/She as a citizen, petition for a spouse?

    If a us citizen who was alleged to have had two misdemeanour offences: (1st) (alleged resisting arrest of police in a mere quarelling between two individuals in a store where one of them first called the police ---- 1992), 2nd misdemeanour happ...

    Safiya’s Answer

    A US citizen can always petition for a spouse provided he or she has no prior finding of marriage fraud (with Immigration) or a conviction under the Adam Walsh Act. With regards to the sponsor either one will be okay provided he or she meets the minimum income for his/her household size. You can find out more information on the sponsor's minimum income requirements at http://www.uscis.gov/i-864p. If you have doubts about how to determine the sponsor's household size and minimum income I would recommend that you use Avvo's find a lawyer search to locate an attorney. Immigration will delay and/or deny your case if the sponsor or joint sponsor does not have sufficient income. Best of luck to you.

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  • I WAS MARRIED APRIL 17TH 2015 IN MAY MY SSI WAS CUT DUE TO BEING MARRIED MY SOON TO BE EX WAS MAKING 1400 FROM HIS SS.

    SINCE MY 778 CK WAS CX WE WERE TOLD ONLY WAY I COULD GET THIS BK IS FILE FOR DIVORCE. IN LETTER FROM SS STATED OUR ACCOUNT WAS OVER 3000.00 REASON MAY WAS HE GOT PAID TWICE WITHIN A WEEK DUE TO US GETTING MARRIED. BY THE END OF MONTH ACCT WAS BACK...

    Safiya’s Answer

    I am sorry to hear about your situation. Unfortunately this is not an immigration question. You will need to repost. Best of luck to you.

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  • EAD from pending asylum case, got married, should I file for another EAD based on marriage?

    I have an EAD from a pending affirmative asylum case. Then I got married to a US citizen and I'm about to file the I-30 and I-485 forms. Should I also file for another EAD based on this marriage? I plan to withdraw the asylum case AFTER I'm grante...

    Safiya’s Answer

    Yes you should go ahead and file for a new employment authorization (EAD) based on your marriage. By the way since you will be filing your new I-765 form based on your pending green card application (I-485) Immigration will waive the immigration filing fee for form I-765. Best of luck to you.

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  • What's going on for U visa? Anyone have any idea when will I get answer , applied in March 2014?

    Currently which month is going process for U visa?

    Safiya’s Answer

    The U visas appear to be experiencing a backlog. I would suggest that you check the processing times at the local service center that has your file or you may contact USCIS at their customer service number (1-800-375-5283). You may visit https://egov.uscis.gov/cris/processTimesDisplay.do to get more information on checking the processing times. In addition when you contact USCIS' customer service you may be able to place a direct inquiry with the service center that has your file. Best of luck to you.

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