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Jose Antonio Moreno

Jose Moreno’s Answers

736 total


  • Hi i was on deportation proceeding and my wife file i-130 which was approve

    my lawyer said i have to file a motion to end the deportation proceeding before i can apply for the i-485 and i don't think that is my only options and the next hearing of my proceeding is 2015 she said i can wait till then to talk to immigration ...

    Jose’s Answer

    There is significant chunks of pertinent information missing from your question. However, generally, the U.S. Citizenship and Immigration Services (USCIS) District Director having jurisdiction over an alien's place of residence in the U.S. has jurisdiction over any application for adjustment of status unless the immigration judge has jurisdiction to adjudicate the application under 8 CFR 1245.2(a)(1) .

    In the case of any alien, other than an arriving alien, who has been placed in deportation proceedings or in removal proceedings, the immigration judge hearing the proceeding has exclusive jurisdiction to adjudicate any application for adjustment of status the alien may file. USCIS may adjudicate an adjustment of status application filed by an alien, other than an arriving alien, who is in removal proceedings only if the immigration judge terminates the removal proceedings.

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  • Should my US Citizen Son count on Form I-864 in Part 5 Sponsor's Household size. The Sponsor is my wife and she is filing for me

    My Wife, a US citizen is filing for me, I have a son from a previous marriage age six, he is a US citizen,. My wife would not need to file for him but would he count in the Sponsor's Household size as he will be living with us. Either way her sala...

    Jose’s Answer

    Yes.

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  • Should I mail I-485, I-864 and medical examination result all together?

    I am in the US now as a F-1 student, my wife is a green card holder. My F2A immigration case is Post Decision Activity. I have got the email to ask me to pay for AOS fee and IV fee. And I have already paid. My household income is enough for the ca...

    Jose’s Answer

    I agree with my colleagues. You are going down a life changing path--unfortunately you are going the wrong way. If you value your life here at all, hiring a lawyer should have been step one. Get to an immigration attorney ASAP.

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  • To bring a girl on K-1 visa or after marriage, how much income or savings do I need?

    2 questions, and 2 parts to each question: If I bring a girl to the US on a K-1 [fiancee] visa: 1. and don't have a job, how much in savings do I need to have for her to get the visa and come here to get married? 2. if I have a job but was pr...

    Jose’s Answer

    I agree with my colleague. Consular processing is complicated and you should consult an immigration attorney.

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  • What provisions are there for STEM graduates with work experience under the new Comprehensive Immigration Reform Bill?

    Under the new Comprehensive Immigration Reform Bill, as a STEM graduate with 2 Master's degree and work experience in USA, "Do I Have to be physically present in USA to apply for Permanent Residency ?" If there is such a provision for applicati...

    Jose’s Answer

    I agree with my colleagues--The bill has not become law.

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  • I came to us on student visa...

    My visa expires in 2 months. I married a USC for 3 months and have received my interview appointment which will be in less than 30 days. This marriage, however, turned ugly and my husband is a jerk. What are my options if I want to marry anothe...

    Jose’s Answer

    I agree with my colleague. If your immigration status was used to the point of abuse against you, other options are also available.

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  • Visa stampling expires on Sep 2013 & H1B extended until 2016! when i have to go for stamping?

    Hi, My current visa stamping is expiring in two months September 2013, I have transferred my H1B and started working with the company B from July 1,2013. 1. Please let me know if i go to canada before september 2013, can i avoid this...

    Jose’s Answer

    I agree.

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  • I am a resident doctor on J1 visa , I am from syria , should I apply for TPS ? And what benifits I get if I applied?

    I am currently on J 1 visa , I still have 2 years to go in my program

    Jose’s Answer

    Asylum would also work and gets you a Green Card possibility. Syrian clients in my office have applied for refugee status and asylum depending on where they live. I do practice nationwide.

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  • Petit larceny and Green Card renewal

    I was charged with petit larceny and it was dropped to disorderly conduct. My green card is expiring in 2019, can I renew it in 2019 without a problem?

    Jose’s Answer

    Likely yes, if not however, there is currently waiver possibilities if something goes wrong. I also agree with my colleagues, 2019 may have a different view.

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  • L1A EB1 and H1 parallel processing

    I am currently on L1A with Company A. As I wasn't sure of the GC by company A, I agreed to a new H1 and GC filing by Company B., My H1 has gone through lottery and they have applied for GC as well (future employee). I believe I will have to go thr...

    Jose’s Answer

    If you are not happy, with, or do not find your questions being answered by your attorney, you may freely choose one you feel comfortable with. This question is not simple enough, considering various aspects of risk and detail, to be answered quickly.

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