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Stanley P. Walker

Stanley Walker’s Answers

190 total


  • I-130 approval what next ?

    Hi, m a spouse of permanent legal residents, In july 31/2013 i recived the approvel letter from USCIS. What needs to be done after I 130 approval? How long is the process after you get the approval letter in this situation? what ...

    Stanley’s Answer

    USCIS should transfer your case to the National Visa Center (NVC) for consular processing - this normally takes about 30 days. NVC will notify you (your spouse, the USC petitioner) and ask that you pay the processing fees and it will provide you instructions on what you need to do next. This part can take several months before your consulate interview is scheduled and I would strongly recommend consulting with a qualified immigration attorney for assistance to make sure things go as quickly and smoothly as possible. You can search for an attorney at www.ailalawyer.org. Visas are still currently available for the F2A category - which is what you are - so you shouldn't run into any delays there. Best of luck to you and your spouse.

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  • I am having trouble getting an I-864 joint sponsor for my spouse, can I send the application without it and then send one later?

    I am in the process of filing an AOS application for my spouse but I do not make the cut as far as poverty guidelines are concerned. I need a joint sponsor but I cannot find anyone that makes enough either and no one else is willing to help. Can w...

    Stanley’s Answer

    If your income is not sufficient by itself, USCIS will send you a request for evidence requiring you to submit provide a joint sponsor's affidavit of support within 87 days. If you do not respond within that timeframe, USCIS will deny your application. So yes, theoretically, you could wait, but it would not necessarily be advisable. The best advice is to contact a qualified immigration attorney who can help guide you through this process, minimize delays in processing and risks of denial. You can search for an immigration attorney in your area at www.ailalawyer.org. Best of luck to you and your spouse.

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  • Im married with my f1 visa husband who is a student..were married last may 11.. and i dont file anything yet..

    he recieve a notice from school from june -july about his absency.. and recieve a termination warning? is there gonna have a problem in immigration? is he gonna be deported if ever?

    Stanley’s Answer

    Your question is very confusing and raises other questions: what is your status? Are you a U.S. citizen, permanent resident or are you here through your husband's student visa status? If he is no longer in school, he will lose his F1 status, but depending on what you are, there may be other things you can do. You really need to consult with a qualified immigration attorney. You can find one in your area at www.ailalawyer.org. Best of luck to the two of you.

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  • Name change and Green card procedure

    I am currently on F1 status, on my OPT. My wife and I got married a few weeks ago. Since my first and last name are long and hard to pronounce, we shortened my first and last name. Our marriage certificate shows our new last name and my new first...

    Stanley’s Answer

    How exactly did you "shorten" your name? Did you do it legally though a name change petition or just go with something shorter? Your wife can legally take your last name through the marriage, but you can't just change yours without a court order. USCIS will require legitimate proof of the name change. Aside from any name change issues, you should really consult with a qualified immigration attorney for your petition and adjustment application.

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  • I am a US citizen who just married a Canadian citizen, he came here legally but overstayed for 8 months now.

    We don't want to separate,I have a good income to support him although he is actually supporting me through his Canadian investments from retirement . He is not seeking for work, he just want to be with me, can he get his green card in the US? I...

    Stanley’s Answer

    Yes, now that you are married, he is your immediate relative. His overstay cannot be the sole basis for denial of his application to adjust status. You should consult with a qualified immigration attorney to advise you how to proceed. You can find an immigration attorney at www.ailalawyer.org. We have offices in both Enterprise, Alabama and Chattanooga, Tennessee, although both of those are a few hours away from you. There are also several immigration attorneys in the Birmingham area. From your fact scenario, you should have a relatively straightforward petition and adjustment application, but considering this is one of the most important things you and your husband will do, I would strongly recommend that you contact an immigration attorney for assistance. Congratulations on your marriage and best of luck to you.

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  • How can I help my partner get her green card.

    I am engaged to my partner of three years.I know we cannot get married in florida because we are gay.She overstayed her visa a couple of years ago.She doesnt have a social security card or id and her passport is expired.I checked and people need s...

    Stanley’s Answer

    • Selected as best answer

    Now that DOMA has fallen (whoo hoo!), USCIS will recognize your same sex marriage and you can petition for your future wife just like any other opposite-sex couple. All you will need to do is get married in a state that allows for same-sex marriage, or in Washington, D.C. USCIS looks to the law of the state where the marriage is celebrated, not where the parties reside. She will then be your immediate relative and her overstay cannot be the sole basis for denial of her adjustment application. You should consult with a qualified immigration attorney for assistance, and preferably one who has experience with same-sex relationship issues. Immigration Equality has a referral list, and I would be happy to recommend attorneys in your area who can help. Our office is in northwestern Florida - several hours away from you. Your wife will need to renew her passport for ID purposes in order to obtain a marriage license. She can do that through her own consulate - it should be very simple to do. I am not sure what country she is from, but most countries have fairly accessible consulates across the U.S. (most likely in Miami, Orlando or Atlanta). For more obscure countries, you may have to travel a little bit to get to the nearest consulte. I have attached a link to Immigration Equality below if you'd like to contact them for a referral, or feel free to contact me directly and I can help point you in the right direction. Congratulations on your impending marriage and I wish you both happiness and swift success with your petition and application.

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  • Hi, I filled out the I-130 petition to sponsor my bro. WHen do I need to file the I-864? do I have to wait until my petition is

    my bro has a wife and a 13-year-old son. what is the income I need to prove that I can support them?

    Stanley’s Answer

    Your brother is an F4 preference category relative and there is a substantial waiting period for visa ability. When you filed your petition, you established a "priority date" for that petition. When the visa bulletin shows that the F4 category has caught up with your priority date, your brother can then apply for his visa (his wife and minor children will also be derivative beneficiaries of the petition, and that could be a problem for the 13 year old son if he has reached the age of 21 by then). It will be at that point (when the priority date is current), that your approved petition will be forwarded to the National Visa Center and you will be required to do an I-864 affidavit of support. How much income you will need will depend on your family size at that time along with the current povery guidelines. You can find visa bulletin information using the link below. Good luck to you and your family.

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  • When you passed the citizenship test and your officer asked why I stayed 5 months n 23 days in my country? does it cause problem

    I'v been in US for 7 years and I visited my country for almost 6 months, during that time I took a private class. And while I was taking the citizenship test. After I passed the test I promised the Officer that I'll submit the information about ...

    Stanley’s Answer

    The officer is concerned over whether you exhibited any intent to abandon your permanent residency. While trips outside of the country lasting less than 6 months are usually not problematic, enrolling in classes outside of the U.S. could be. You should consult with a qualified immigration attorney in your area for help in preparing a response to USCIS about your foreign class enrollment. It would be well worth the investment considering the consequences of a negative decision by USCIS. You can find an immigration attorney at www.ailalawyer.org. I would recommend searching for someone who routinely practices in the area of naturalization. Best of luck to you.

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  • Having problems with submitting change of address form AR11 on USCIS website. What do I do?

    My alien registration number is 11 digits long (from the new online retrieval system) while the requirement on the form AR11 is for 9 digits. I am unable to submit the change of address form. What do I do? How can I file this form with the new...

    Stanley’s Answer

    Your A# is only 9 digits. The 11 digit number you're pulling up online is your I-94 admission number. One of the simplest ways to change your address is to call customer service and do it. However, make sure to give them all receipt numbers for your various applications to ensure it is changed to your new address on everything.

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  • Can respondent file I-485 after removal proceedings case is administratively closed?

    Can respondent file I-485 after removal proceedings case is administratively closed? Since I-485 cannot be adjudicated until removal proceedings are terminated, how soon after filing I-485 should respondent move to re-calendar the case (immediatel...

    Stanley’s Answer

    I believe this is a repost of your original question. USCIS will not have jurisdiction to adjudicate the I-485 unless the proceedings are terminated. You should consult with a qualified immigration attorney about this for assistance - there could be advantages to seeking adjustment as relief through immigration court versus moving to terminate - there could also be impediments to your ability to adjust. You can search for an immigration lawyer in your area at www.ailalawyer.org. Best of luck to you.

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