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Ksenia Alexandrovna Maiorova

Ksenia Maiorova’s Answers

1,717 total


  • What are the restriction on a k1 visa

    Can anyone else help you in getting a green card if your spouse divorce before all ur paper works approve ?

    Ksenia’s Answer

    You may not have any other person sponsor you if you entered on a K-1. You can go back home and re-start the process with another person, but there are several issues that complicate that process. If your K-1 sponsor physically or emotionally abused you, you may be able to adjust through a law called the Violence Against Women Act, without leaving the US, however, you would need to discuss eligibility with a lawyer before applying.

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  • Can I apply for my green card as an abused husband ? and what are my chances ?

    I am married to a US Citizen, for a year but didn't apply yet for my green card. Now my wife is threating me and she's being abusive and I am being abused verbally and physically. I left the house when she lately told me that she's going to burn m...

    Ksenia’s Answer

    • Selected as best answer

    If you apply as an abused spouse of a US citizen, you would be applying on your own through a process called a VAWA self-petition. This type of petition is adjudicated by a special unit at the Vermont Service Center and no one can find out that you have filed this type of case, even your wife. The process is completely secret. Your chances will depend on exactly what happened to you and how much documentation you can provide. VAWA is a complex area of law and you should use an attorney with specific experience in this area, because lately the Vermont Service Center has been issuing boilerplate requests for evidence or notices of intent to deny in these cases that are not supported by law. You want someone who has seen these and knows how to argue against them.

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  • I was Arrested almost 3 years ago by driving with an expired driver's license and was put on immigration hold.

    I was released with an I220-A form. I have been reporting to ICE office every few months since. meanwhile, my wife (American) and I applied for the permanent residency for myself, which was approved on January 2015. Now I have a green card and hav...

    Ksenia’s Answer

    Yes, you can. If you are a permanent resident, you will want to bring proof to your next check in with ICE.

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  • I-485 interview stress about tourist visa marriage

    I got married with my partner in April 2015, after I came back from my country in December 2014. We met a year before that, in December 2013 when I was on a J-1 visa. I am scheduled for an interview and I am not sure if the interviewer will be...

    Ksenia’s Answer

    If you have concerns about your case, it is a good idea to hire an attorney to prepare you for the interview and represent you at it. Generally, getting married 4 months after entering on a tourist visa will not be a problem, but it's impossible to say what specific issues or problems may arise without knowing the full factual background of your case. Having an attorney with you ensures that you are prepared and that the officer does not ask an inappropriate or irrelevant questions, which sometimes happens to people who go in without an attorney.

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  • L1A to Green card

    I have just got L1A new office and I'm going to US to establish my business. I will be able to achieve my goals within few months (we have mentioned in business plan). Since it is one year valid visa therefore my question is it possible to apply f...

    Ksenia’s Answer

    Strategically, it is best to seek an extension of the L-1A before going for the green card.

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  • How can divorce affect my immigration status after I applied for my green card and had my work permit ?

    I applied for my green card based on my marriage to a US Citizen, and I had my work permit. Now my wife is threating me and she's being aggressive lately and I had to call the cops on her one time cause she was drunk and smoking weed and she hit m...

    Ksenia’s Answer

    • Selected as best answer

    I am glad that you are now in a safe situation. That should be your first concern. Regarding the immigration aspect, unfortunately, when you apply for a green card based on marriage to a US citizen, he or she holds all the cards. If she withdraws her petition for you, you cannot get your green card. Also, if you divorce, you cannot get your green card. The laws of the United States take into account that sometimes abusive individuals use immigration status to manipulate their spouses, so there is a law called the Violence Against Women Act (don't worry, it protects men too), which could help you get your green card without your US spouse's knowledge or participation. You would need to prove, among other things, that you married her in good faith (for love) and that she abused you either physically or mentally, or both. VAWA petitions are complicated and it's best to get a good lawyer.

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  • Removal of conditions currwnt wife

    Does removal of condition can i get ask about previous applications or is just base on my current marriage?

    Ksenia’s Answer

    When you apply for any immigration benefit, any part of your immigration history can be used against you, therefore it is important to anticipate any problems you could encounter and prepare appropriately. Your past marriages, especially if you applied for immigration benefits through them, are very likely to be reviewed in the adjudication of your application for removal of conditions. Remember, lying is not only fraud, but is also likely to paint you into a corner that it will be difficult to get out of. It sounds like you have concerns about your immigration history, and that is a very good reason to hire an attorney. I often see cases where individuals have tried to manage complications on their own, and they only made things worse for their case, often to the point to where I cannot do anything to help them. Don't be that person. Hire an attorney before it's too late.

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  • Why VAWA is a last resort

    The lady in question that is getting the divorce is very smart and good at making up stories and trying to convince people that she is the victim. I will tell you that since I got into the US soil, its got to be her way or the highway, this wasnt ...

    Ksenia’s Answer

    The abuser is not contacted for her version of the story when you file for a VAWA. She may write USCIS, but generally, the abuser's claims are not given much weight, unless she presents substantial proof of marriage fraud. There are many ways to prove emotional abuse, including through psychological evaluations, your own written statement and affidavits from others who may have witnessed the emotional abuse. If you do not have the money for a private bar attorney, you can reach out to legal aid and attempt to get free representation there. I would encourage you to contact either the Orange County Bar Legal Aid or the Florida Bar. However, if no legal aid org is willing to take your case, I would strongly encourage you to find the funds to pay for a private attorney. VAWA cases are extremely complicated and due to new staff at the Vermont Service Center, USCIS often tries to deny VAWA cases for reasons that are not supported by law. Therefore, it is important to have a knowledgeable and experienced attorney advocating on your behalf.

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  • I130 chat logs

    I am going to include chat logs as part of the proof of our bonafied relationship. As my husband and I chatted in our native language would I need to translate our chat logs into English?

    Ksenia’s Answer

    Yes, you can include chat logs and any other evidence of the bona fide nature of the marriage. In order for the evidence to be considered in your case, it must be translated into English and accompanied by a Translator Certification Statement. It need not be notarized.

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  • Question regarding the EAD under VAWA

    A probo organization is helping me with filling under VAWA and I heard I could get a work permit within the next three months after they file my case so I was wondering if I will have to wait my case to be approved in order to get a work permit or...

    Ksenia’s Answer

    Are you sure that the person who is helping you at the pro bono organization is a lawyer or an Accredited Representative? This is important because only those individuals can legally give you advice regarding your immigration matters. Everyone else is breaking the law. There are quite a few organizations in the Orlando area that pose as pro bono organizations but actually take money (a lot of it) and do not have anyone who is licensed to give immigration advice. As to the question you asked, yes, you would be eligible for EAD before the approval of your VAWA if your abuser was a US citizen and you filed an I-485 because you are immediately eligible for adjustment of status. I have seen some attorneys advise that you have to wait until the VAWA is approved, however, that is not the case in many circumstances and this advice can be wrong.

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