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Ksenia Alexandrovna Maiorova

Ksenia Maiorova’s Answers

1,704 total


  • If I have been legally deported from the United States can I get my criminal record expunged and apply for some kind of asylum?

    I have been deported and want to know if the convictions are expunged can I then stay in the United States?

    Ksenia’s Answer

    This is the kind of question that requires the review of the specifics of your criminal and immigration history by a competent attorney. There may be options, but, usually, they are time-limited when it comes to attacking a previous criminal conviction, so you will want to consult with an experienced attorney ASAP.

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  • I am looking for an E2 Visa lawyer in Tampa ?

    Thanks

    Ksenia’s Answer

    Investor immigration is extremely complex and involves a variety of considerations beyond the immigration field, ranging from corporate/securities law to tax considerations. You will want to hire an attorney who is not only experienced in immigration, but also understands these ancillary considerations and can direct you to capable professionals who can give you proper advice on these related matters. You can review attorneys and their experience by clicking on their Avvo profile. Pay particular attention to the attorney's experience and quality of education, as these are key in selecting a competent attorney for something as high-stakes as an E-2 visa or any other investor visa. I recommend meeting with several attorneys prior to making a decision. Best of luck!

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  • Can I file for legal separation while waiting on green card?

    I have filed for my i130 petition years ago but they won't process it until my husband gets his citizenship. He will apply in March 2015, however we do not get along. We try to do what's best for the kids so we still haven't applied for divorce bu...

    Ksenia’s Answer

    I see a few problems here. First of all, if you are the foreign national, you do not file an I-130; your husband does. If the I-130 was filed before your husband becomes a US citizen, you filed in the preference categories, but once your spouse becomes a US citizen, you will be an immediate relative and will fall into a completely different category and must properly notify USCIS to "upgrade your petition." Finally, the I-130 has nothing to do with your green card. It is merely a family petition, not an application for adjustment of status. In sum, it sounds like you have some confusion about the process and would benefit from attorney representation. Yes, being separated from your spouse if you are trying to get a marriage-based green card is a major problem. You are beyond the point where you can competently handle your own case. Hire an attorney.

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  • Can i get a green card under husband abandonment.

    I have been married for 2 years and every time i ask my husband to go with me to see a lawyer he always have some excuse. we argued a lot of time on the topic. so i decide to wait until he was ready. a couple months ago we had an argument again o...

    Ksenia’s Answer

    You may be eligible under the Violence Against Women Act as the abused spouse of a US citizen or lawful permanent resident. However, you would need to discuss your eligibility with an attorney before applying.

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  • What should i do? I have my master hearung coming up.

    I got married in 2007 to a US citizen. Filed for I-751 in 2010 and got denied. Case is in court now. Got divorced in 2011. Filed CR89 and did my biometric, what are the chances of approval? How long before uscis makes a decision?

    Ksenia’s Answer

    You are now in deportation/removal proceedings. This means a couple things. First, your I-751 case is no longer with USCIS, because it has been denied. You can renew your I-751 before the judge. Second, it means that if your I-751 is denied in court, you will be ordered removed. It is important that you take this very seriously, because the majority of those who are unrepresented by attorneys in immigration court are ultimately ordered removed. Your master calendar hearing is going to be your first meeting with the Judge. You will need to tell the judge how you plead to the charges and tell him the type of defense you will be seeking. You will then be scheduled for a merits hearing, usually several months away, during which you will present your defense. It is vital that you present this defense with the assistance of an experienced attorney. Good luck!

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  • Marriage outside the U.S

    Good afternoon! If I marry someone outside the U.S, will my marriage be valid when I return home? How would I go about having my husband return with me legally?

    Ksenia’s Answer

    A marriage recognized as valid in the country where it was concluded will generally be recognized for US immigration purposes. If you are a US citizen or permanent resident, once you are married, you can file a petition for your husband. It can take from a few months to a few years, depending on your status and your husband's country of citizenship. I recommend that you hire an immigration attorney to avoid committing mistakes that can cause delays or the denial of your case.

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  • Can my permanent green card be rejected if I divorce my US citizen wife?

    I got my green card in September 2013. My wife and I got married in December 2012. This January I found out that she was cheating on me and now we both want a divorce. We were married for 2 years. My green card expires in September 2015. I have to...

    Ksenia’s Answer

    Normally, at the two year anniversary of your conditional green card being granted, you and your spouse would be required to submit a joint petition to remove conditions on residence, and change your status to that of a permanent resident. However, in your situation, you can file for the removal of conditions requesting a waiver of the joint filing requirement. You will be required to prove that your marriage was in good faith (not just for the purposes of getting immigration status). These petitions are very document-intensive, and lately, I have observed immigration officers making a lot of mistakes in the adjudication of these petitions, attempting to deny self-filed petitions for reasons that are not valid under the law. I would strongly encourage you to hire an immigration attorney to represent you in order to maximize your chances of approval.

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  • Can a LPR child (two yrs old) sponsor his mother ?

    Father and child are LPRs. Mother of the child would like to attain a green card as well however the mother is not married to the child's father.

    Ksenia’s Answer

    Your child must be a US citizen and at least 21 years of age to sponsor you. However, if you are presently in the US, you may be eligible for temporary relief from removal under Obama's Executive Action program. Contact an experienced immigration attorney for an individualized consultation.

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  • I am asking for advice and interpretation of a provision recently introduced in the House on Jan 7 2015 to repeal Obamas Exe Ord

    The House Bill that was introduced January 7, 2015 among other things seeks to repeal Obamas executive order. But what caught my eyes about this bill was a provision that stated it would : "◾Reins in executive authority to waive the 3- and 10-year...

    Ksenia’s Answer

    • Selected as best answer

    What it means is that the bill is accusing the Obama Administration of creating a work-around to the 3 and 10 year bar. I would agree with my colleagues that we do not know the exact scope of the program until it is ultimately enforced. The bill does not apply to your situation. If you would like to receive individualized legal advice on your specific factual situation, you should contact an experienced immigration attorney directly.

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  • Can i visit my spouse on esta with i130 in progress

    I have my own business in UK and own my own house.i would be visiting for 6 weeks.I obviously have no intent to immigrate on this visit based on work I have to complete on my return and sale of house

    Ksenia’s Answer

    There is nothing that prohibits you from using ESTA to travel to the US while there is a pending I-130 petition on your behalf, however, you should be aware that the decision of whether you will be allowed to enter the US will ultimately be made at the port of entry. There, it is up to the immigration officer whether you admit you. It will be a discretionary decision. Consider hiring an experienced attorney to avoid common pitfalls that can cause delays or the denial of your case.

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