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Ksenia Alexandrovna Maiorova

Ksenia Maiorova’s Answers

1,682 total


  • Am I eligible to file I-130 and I-485 together (concurrent filing?).

    I am a US citizen over 21 sponsoring for my parent's green card. My parent is in legal status in the U.S. , it is her second week on a tourist visa. Am I eligible to file I-130 and I-485 together (concurrent filing?).

    Ksenia’s Answer

    You may file together because your parent will not fall within the visa quota system and will be eligible for adjustment of status without waiting for a priority date to become current, but you have a bigger problem than that. Timing is going to be everything here. Entering on a tourist visa and then immediately filing for adjustment of status will scream "fraud" to the officer reviewing your case. You would be wise to consult with an attorney before you file anything, otherwise you risk denial and removal.

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  • Can a US citizen petition both his wife and mother at the same time?

    My husband is a US citizen, and I can't file my petition yet because I'm pregnant and can't take the shots needed for the medical examination. If he petition his mother, would that create a problem for when he petitions me? Is there a limit, or it...

    Ksenia’s Answer

    There is no limit to the number of relatives a US citizen can sponsor, however, if his income is not sufficient to sponsor all the people he wishes, he will need to obtain a joint sponsor for the Affidavit of Support. If you are pregnant at the time you undergo your immigration medical, the doctor will review what shots you can safely have during pregnancy. If you need a shot that you cannot safely have administered to you while you are pregnant, the doctor will make a note on your medical exam that you cannot have that shot. Therefore, you can proceed with your husband petitioning for you, even while you are pregnant.

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  • Came under B1 in 2004 and changed to L1 in 2004 , L1 renewal was denied in 2005 because of insufficient documents ,

    appealed many times to the AAO but was denied , went to the circuit court in Atlanta the same .

    Ksenia’s Answer

    It is unclear what your question is, but if you are still in the US, it is likely that you are out of status. I would recommend that you meet with an immigration attorney as soon as possible to discuss what options you might have.

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  • My medical exam expires 10 days before immigration interview. Can i try to see if immigration forgive it?

    Or i really have to expand money doing another exam.

    Ksenia’s Answer

    The Orlando Field office is generally pretty "by the book" so I would expect that if you show up with an expired medical examination, you will be told to send in a new one before a decision can be made on your case. If my client found him or herself in your situation, I would advise getting a new medical before the interview.

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  • Why would Homeland Security charge a LPR as representing themselves as a U.S. citizen in order to obtain a drivers license?

    Currently detained in South Louisiana Correction Center. There are other criminal offenses such as petit theft, however 5 charges including the drivers license issue including obtaining, renewing and replacing it. Came to the U.S. on a greencard w...

    Ksenia’s Answer

    The answer to your question depends on the specific facts of the case. Obtaining a driver license does not automatically mean that you falsely represented yourself as a US citizen, however, that may be the case if you checked the box next to "US citizen" on your application for a driver license. With very few exceptions, a false claim to US citizenship will trigger deportation from the US. There are limited waivers, but this is a very serious charge with serious consequences, so it is recommended that you consult with an experienced immigration attorney. Petit theft can, under certain circumstances, also lead to removal.

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  • Processing time on I-824 in Vermont Service Center

    My employer have not received my extended H1B petiton from USCIS and requested for a duplicate I-797 by filing I-824 on Feb-5-2015 and shared the receipt number to me. As per USCIS, the processing time for the I-824 is 3 months in Vermont Service ...

    Ksenia’s Answer

    The processing times are a reflection of the average amount of time that it takes to process a certain type of case. Your case is presently within standard processing times, so there is nothing you can do but wait. If your case falls outside of the published processing times, your attorney can follow up with the Vermont Service Center utilizing the attorney-only email address.

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  • Canadian national arrested n set on bond, has no time lft on visa......

    need to know what freedom of movement a Canadian national has as far as returning to canada then back to the U. S. to conclude misdemeanor court proceedings.

    Ksenia’s Answer

    Although this is a question to be posed to your criminal attorney, in most states, if you are released on bond after criminal charges are filed, you are not allowed to leave the state, let alone the country. Talk to your criminal lawyer. If you depart without handling your charges first, you may have a very difficult time coming back into the US.

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  • What do I need to prove to a judge that there is no risk to abduct a child in a travel to Brazil?

    Father doesn't allow the trip to Brazil and sentence of divorce states the only way the trip will be allowed is through court authorization. The judge just homologated the divorce mediation and I want to ask the judge to review the decision. Mothe...

    Ksenia’s Answer

    This appears to be a family law rather than an immigration question. Consult with a family attorney.

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  • Can my mother qualify for a I-601 waiver

    I'm a US citizen. My mother had been unlawfully present in the U.S. for over 10 years. She entered ilegally. I submitted the I-130 for my mother. She was sent to Colombia for her apointment at the consulate and received a 10 year ban. I was told I...

    Ksenia’s Answer

    Whoever advised you previously made a terrible mistake. If your mother entered the US legally, she was eligible to adjust her status in the US through her US citizen child (you) even if she had been unlawfully present for more than 10 years. When she left the US, she triggered the 10 year bar. As my colleague has correctly pointed out, the unlawful presence waiver is not available if you are your mother's only US relative. A US citizen child is not a qualifying relative for this type of waiver. I would recommend that you consult privately with an experienced immigration attorney to determine what else, if anything, can be done.

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  • Overstayed OPT by 2 years, "out of status" F-1 Visa. Canadian re-entering US next week for a brief wedding. What will CBP do?

    I left the US just last week but need to attend a wedding next week. Basically 2 weeks after leaving the States. Before I left I checked my SEVIS record at my university and said it was completed on July 2013. I haven't worked, just stayed to stu...

    Ksenia’s Answer

    You should never lie to an immigration officer for any reason. Generally, those admitted as D/S do not accrue unlawful presence for the purposes of the 3 and 10 year bar, but I would highly recommend that you consult with an immigration attorney so that he or she can analyze the complete factual history of your case and provide you with individually-tailored legal advice. There are certain factors that can trigger the accumulation of unlawful presence even for individuals who were admitted for "D/S". Don't risk it, hire a lawyer.

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