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Ksenia Alexandrovna Maiorova

Ksenia Maiorova’s Answers

1,853 total


  • How does Premium Processing affect an O1 to GC timeline with concurrent filing? Is it worth it?

    I'm on a O1. I've been told I'm a very good case for a GC. I don't care about getting the GreenCard in hand soon, but I want to be in a position ASAP that allows me to: 1) Lose my job and not be screwed. 2) Be able to undertake some work. ...

    Ksenia’s Answer

    Submitting a Premium Processing application is often the pretext for an overworked officer to issue an unsubstantiated RFE. That said, because they are required to give you an answer with in 15 days, even with an RFE, you may be in better shape than if you are submitting your I-140 into the general processing pile. EB-1 extraordinary ability green cards are extremely complex, especially given some relatively recent changes in case law that make obtaining this status more difficult than in the past. I would encourage you to work with an experienced immigration attorney.

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  • Can i stay for the rest of period ?

    I have E2 visa ( for 2 years) but i closed the business after 6 month of getting the Visa. Can i stay in USA for 18 month untill the Visa finishes

    Ksenia’s Answer

    You must continue to manage and direct the operations of a qualifying E-2 enterprise to maintain E-2 status in the United States. Having failed to do so, you have violated the terms of your status. Depending on the timing, you may have some options, such as filing an amendment or a change of status, but you need to act quickly. I would strongly encourage you to schedule a private consultation with an experienced immigration attorney so that you can determine what options may be available to you.

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  • What can i do to find someone to help me with my immigration situation? Will i even qualify for vawa?

    I have been living with my husband for almost a year now and the whole entire time i have been treated like a doormat and controlled in every possible way he did file a petition for a green card for me and at the moment its ready to be scheduled f...

    Ksenia’s Answer

    A VAWA case does not require a police report. Abuse can be demonstrated through other evidence, such as your own sworn statement, affidavits from others who witnessed the abuse, and secondary evidence, such as evidence of calls or visits to a domestic violence shelter, or texts and emails showing abusive language, threats, control, manipulation etc. It is also helpful to get a psychological evaluation, which will often help demonstrate that the applicant was a victim of emotional abuse. In the vast majority of the VAWA cases I have handled, there were no police reports, because immigrant victims of abuse are often too afraid to report the abuse to the police. I would strongly encourage you to get a second opinion on your case from someone who has a lot of experience handling VAWA cases.

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  • Could my company request a visa for me when the L1 expires? What type? What else could be done?

    Good morning, I am French and my husband is British. We currently live and work in the USA since 5 years, he has a L1 visa ( petition blanket from his Company, transferred from England to the US ) and I have a L2 & EAD to work. We have already ren...

    Ksenia’s Answer

    It depends. Unfortunately, it's not as simple as "I want to work in the US and have an employer who is willing to sponsor me." US immigration law has a limited number of employment visas, and not all situations cleanly fit into a particular visa category. Moreover, the system is designed in such a way as to protect US workers from being displaced by foreign workers, so most of these employment visas have processes built into them that require the employer to show that such a worker is not available here (with the L1A being a notable exception to that). If you wish to be sponsored for an employment based nonimmigrant or immigrant visa, your first step is to have your sponsor identify the position for which they would like to hire you, including the duties, responsibilities and minimum educational/experience requirements associated with that position. Then, they would need to contact an immigration attorney to determine whether there is a good match between the position, your experience, and a visa. Good luck!

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  • What are the options for a person that was deported under the allegation of being working in US when he wasnt?

    I sent a letter inviting a friend from Brazil to visit USA and stay at my home to facilitate his visa approval. He visited US a few times, and never over stayed. The last time he came, he stayed at my home for about 4 months. Then he returned to B...

    Ksenia’s Answer

    This is the type of case where if you rely on the person's account of what happened, you are mostly shooting in the dark. I don't like to do that. The only way to give meaningful and accurate advice on something like this is by gaining access to this individual's immigration records, to determine the official reason for the removal, as well as obtain a copy of any documents he may have signed admitting violations of immigration law. Without a review of those documents, we would only be guessing. Therefore, I would recommend that your friend hire an attorney to obtain the appropriate records, review the documents, and then advise him.

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  • Will a work permit be provided while awaiting response in VAWA case or petition for relative case

    will I be able to work while waiting for a response on a petition

    Ksenia’s Answer

    It depends. If your VAWA is on the basis of abuse by a US citizen, you will be able to file an application for adjustment of status (I-485) at the same time as your VAWA. This also allows you to file for EAD, which will should be received within about 90 days of the time you submit your documents to USCIS. In that case, you do not have to wait until your VAWA is approved. I have met many people who were advised that they had to wait until the VAWA was approved, but we were able to get the work authorization, It's a matter of knowing and applying the law correctly. I would encourage you to work with an attorney who is experienced with VAWA cases so that you can get accurate advice on this somewhat obscure area of immigration law.

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  • How can I know the reason for the revocation?

    I had an F1 visa and when get back to my country for vacation I got an email from the us consulate that stated my visa was revoked. I had and still have no info why my visa revoked. Then I reapply for another one which is under administrative proc...

    Ksenia’s Answer

    You can follow up with the consulate yourself or hire an attorney to make the required inquiries for you.

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  • After how long I will get my work permit and green card.

    I just applied for asylum and i received the confirmation pending. I decided to marry my girlfriend. i was wondering after how long I will get my work permit and green card.

    Ksenia’s Answer

    That depends on how you wish to proceed. If your girlfriend is a US citizen and if she is prepared to sponsor you for a marriage-based green card, you should receive your work authorization within 90 days of filing a properly completed adjustment of status packet. You will, of course, need to marry her first. If you proceed based on your pending asylum, you can file for employment authorization 150 days after the receipt date of your asylum application.

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  • Just wondering if I have any options for staying in the US legally working. Thank you. In advance.

    Married 3 yrs. Husband is in child support arrears paying now monthly(prev marriage) the kids are in their 30s. He has also become abusive verbally. He has outbursts telling me to go back to Canada. Over the three years,and then he calms down and...

    Ksenia’s Answer

    I am sincerely sorry to hear that you find yourself in this terrible situation. Your first order of business should be to ensure your own safety and that of your child. If your husband is verbally and physically abusive, you should consider either going to live with your brother, or, if you are in need of more immediate assistance with housing, a domestic violence shelter. Once you are safe, you can begin thinking about your immigration options. One such option might be a self-petition under the Violence Against Women Act. This is a highly confidential process through which you may be able to get your green card without your husband's knowledge or involvement. This would require you to prove that your husband is a US citizen or lawful permanent resident, that you married him in good faith, that you lived with him, that he abused you and that you are a person of good moral character. If you did not call the police to report the abuse, you may be able to demonstrate abuse through domestic violence shelter records, a detailed written statement from you, and statements by anyone who may have witnessed the abuse or had knowledge of it. Abuse does not need to be physical to qualify you for this form of relief. It can be emotional, psychological, financial, etc. If you go to a domestic violence shelter (your local police department should be able to give you a number for the one closest to you), they usually have arrangements with pro bono attorneys that can help you with family law and immigration law matters. Good luck!

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  • My question is: is the ARNP authorized to certify the form? Because he is her "doctor".

    Hello. My mom is 89 years old. She has been resident of Fl for more than 5 years. I am trying to obtain the citizenship for her, but she doesn't speak English. I will use form N-648 ( medical certification for disability exception ) because she ...

    Ksenia’s Answer

    No, in a situation like this, it would be best to obtain your mother's medical records and take them to a medical professional who is authorized to prepare and certify the N-648. I would add that the Tampa Field Office (it looks like you live in the Tampa area) is extremely conservative about granting the N-648. There needs to be a clear connection between a medical condition and your mother's inability to learn English. It is not enough to say that she cannot learn it because she is advanced in age. And even individuals who have serious medical conditions often get denied by Tampa because the doctor does not provide enough detail/explanation in layman's terms about how the condition affects the ability to learn the English language. You would be wise to work with an experienced immigration attorney who is both familiar with the Tampa Field Office adjudication trends and has experience with working with medical professionals to properly fill out the form.

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