Carolyn Frazier Soloway’s Answers

Carolyn Frazier Soloway

Atlanta Immigration Attorney.

Contributor Level 6
  1. I applied for renewal of my R1 and still it is pending due to back ground check and how long it will take?

    Answered about 4 years ago.

    1. Carolyn Frazier Soloway
    1 lawyer answer

    What you are waiting for is probably a site visit and not an FBI background check since you are apply for a two-year extension of a non-immigrant visa. This would be the case if your religious organization has not yet had the required site visit. We handle many religious worker visas, both temporary and permanent and we have found that the wait for a site visit is the usual cause for delay. You could make an INFOPASS appointment by going to the website www.uscis.gov and then asking the...

    2 people marked this answer as helpful

  2. Aftering marrying a U.S. citizen I re-entered the U.S. under a student visa, will this negatively affect my adjustment of status

    Answered about 4 years ago.

    1. Michael Harold Sharon
    2. Carolyn Frazier Soloway
    2 lawyer answers

    Yours is a situation requiring careful preparation for your Adjustment Interview so that you can present your intentions and facts appropriately. A student visa is a temporary visa and your use of it would only have been proper if you intended to go to school and then return abroad when you finished school. Having married a US citizen could, arguably, make the intention to return abroad questionable in the eyes of a USCIS examiner. However, if you and your spouse were unsure where you would...

    1 lawyer agreed with this answer

  3. My US citizen spouse is unemployed, will that affect my petiton for adjustment of status?

    Answered about 4 years ago.

    1. Carolyn Frazier Soloway
    1 lawyer answer

    As the petitioner, you must fill out an Affidavit of Support as part of your application on behalf of your husband. However, for petitioners with low, or even no, income, you can accompany your own affidavit of support with one from a co-sponsor. There are also certain provisions which allow you to use your assets instead of income and, in some circumstances, the beneficiary's own assets and income. Many people feel that they cannot file on behalf of a spouse or other relative because they...

    2 people marked this answer as helpful

  4. After my I-130 approved if my spouse becomes US citizen, can I still upgrade my petition for Adjustment of Status?

    Answered about 4 years ago.

    1. Rebecca Cook Black
    2. Carolyn Frazier Soloway
    2 lawyer answers

    I think this question needs more facts. It sounds like you may have filed the I-485 prematurely because there is quite a waiting list in the Family-Based second preference. You are not entitled to file for Adjustment until the priority date is current. Without knowing your priority date, it is impossible to completely answer this. However, assuming you did file early, it is unlikely that USCIS will allow it to remain pending. Rather than have a denial with possibly being placed into...