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Ksenia Alexandrovna Maiorova

Ksenia Maiorova’s Answers

1,704 total


  • Can my ead expedite request be successful? Its been 140 days after i filed.

    i filed with my 3 kids concurrently I485 and I765 in August.They stated when i made an inquiry, that the clock started ticking from zero since the date they received my response for evidence, which was 45 days ago. My husband is a citizen, and als...

    Ksenia’s Answer

    It appears that your application was not properly prepared or was not accompanied by the correct supporting documentation, therefore you were issued an RFE. Unfortunately, when this happens, there is a delay in the issuance of your EAD, something that could have been avoided by obtaining qualified legal advice. I would recommend that you seek the advice of Orange County Legal Aid or another non-profit in the area to ensure that there are no further unnecessary delays in your case due to errors in your application packet.

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  • A weird duration of validity of new E-2

    I got today by mail my E-2 visa. I have read that typically E-2 visa will be issued up to 60 months. I got E-2 visa which was valid from 12/19/14 to 12/10/15. Ten days less than one year. The interview went with very few questions. ...

    Ksenia’s Answer

    A new E-2 can be granted for longer periods of time, but as a practical matter, for a new E-2 business, only one year is typically given. As my colleague has correctly pointed out, without knowing the specifics of your case, we cannot speculate as to why less than a year was granted in your case. If you are not already working with an attorney, you should consider doing so going forward. An E-2 extension will be far more difficult to secure than the initial E-2 visa.

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  • Filing under vawa, will I have to get another physical examination for the EAD?

    My kids and I live in a shelter due to my abusive USc husband and I would like to file under vawa. I know that the I 360 form fees are exonerated to the battered spouses like myself so I was wondering what about the physical examination for the wo...

    Ksenia’s Answer

    When you say "physical" I am assuming that you are referring to the Medical Exam required to be completed by a Civil Surgeon. A Medical is not required to obtain your EAD, however, recently, USCIS limited the validity of the Medical to one year from the date it is submitted to USCIS. Given the typical processing times for VAWA, it is likely that if you have already submitted a Medical with your AOS application through marriage, it will expire by the time your VAWA is adjudicated. Therefore, you should probably be prepared to do another medical prior to going to your VAWA adjustment interview. Work with an attorney, as VAWA's are extremely complex and lately, the adjudicators at Vermont have been making mistakes. Unrepresented clients usually cannot spot these mistakes in adjudication and don't know how to respond to them properly, thereby resulting in the denial of the case. If you cannot afford an attorney, call the Florida Bar for a referral to a local non-profit that handles VAWA cases.

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  • Do i need to get married if i been in the united states more than ten years

    I came to the states with my family when i was fifteen years old we came into the country legally but had over stayed are time i had got into trouble with the law a few years back and wanted to know if am eligible to become a citizen

    Ksenia’s Answer

    You can get married if you love your spouse and want to spend your life with him/her. You should NOT get married if you are only doing so for the purposes of applying for an immigration benefit, because that would amount to marriage fraud and make it nearly impossible for you to get any kind of lawful status in the future. If your marriage is in good faith, you MAY be able to adjust your status through a US citizen spouse, however, that depends on what sort of "trouble with the law" you had and when. Some crimes make you deportable from the US, even if you are married to a US citizen. You should make an appointment with an experienced immigration attorney before moving forward with any immigration filings.

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  • Any update about asylum backlog on Miami,FL ?

    I applied for asylum in Aug-2013 and till now not receive interview notice . is that backlog still the same or have changes ?

    Ksenia’s Answer

    There is no update. Interviews are being scheduled in accordance with the Miami Asylum Office's policies, procedures and staffing loads. Use the time between now and your interview wisely. Work with your attorney to prepare for the interview, review your documents and see if there are any additional documents that you should submit. If you are not already working with an attorney, it would be a good idea to hire one to assist you with this very important process. Remember, if you are denied at the Asylum Office, you will be placed in removal proceedings, where defending your case will be more complex and more costly. Best of luck!

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  • Can i stay inside United States after submitting the I-130? and adjust my status from B1/B2 visa to permanent resident?

    Hi, I have b1/b2 visa until 2017. i visited the states on Oct.2014 for two weeks only and get back. I'm a married and have 3 sons. My sister is an American Citizen and she is living in Saudi Arabia. she filled I130 and signed it. but we did not se...

    Ksenia’s Answer

    I see a couple problems here. First, your sister must be domiciled in the US to file an I-130, which may not be the case if she is living in Saudi Arabia. Second, filing an I-130 does not permit you to stay in the US. The US only provides a certain number of immigrant visas to siblings of US citizens every year, and because there are far more applicants than immigrant visas available, there is a backlog. Based on current estimates, it will be at least 12 years before you would be able to receive an immigrant visa to the US based on a petition filed by your US citizen sister. If you would like to live in the US sooner than that, you will need to explore whether other options are available to you. This is best done by consulting with a licensed US attorney.

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  • Adjustment of Status - B2 Visitor to Perm Resident for Marriage - Married to US Citizen prior to Entry

    Long story short - Person got a B2 visa in Scotland. Never asked about relationships in the US in interview. Got married in Scotland to US Citizen 7 days before he entered US on B2. Brought all belongings when he entered with Inspection - no issue...

    Ksenia’s Answer

    This individual has lots of problems that could lead to the denial of the Adjustment of Status. The entry with preconceived intent to remain in the US and file for Adjustment of Status is considered visa fraud, even if the CBP officer didn't ask any questions and allowed the foreign national in. Visa fraud is not automatically forgiven, even if you are the applicant is married to a US citizen. Additionally, if the State-side wedding was a legal marriage, rather than just a ceremony, they have a problem because they married twice. You are right to be concerned. This couple needs an immediate consultation with a US attorney.

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  • Can I remarried my ex-husband?

    I was married to a Peruvian man who is an American citizen now (because he married and american woman ), we divorced a long time ago, he remarried got his citizenship and divorced again, and after years we are back together, my son is 18 years o...

    Ksenia’s Answer

    You can remarry your husband, however, because this is a very common fraudulent fact pattern encountered by USCIS, your case is certain to raise suspicions. Unfortunately, many individuals divorce their spouse, adjust their status through a fake marriage, with the intention of then re-marrying their first spouse and helping that spouse get status. I am not saying that your case is fraudulent, but when it follow the same fact pattern as fraudulent cases, the immigration officer reviewing your case is certainly going to be suspicious and it will be a challenge to prove to him or her that all the marriages in your case were bona fide and that here was no intention on your part to commit fraud. You would be wise to hire an experienced immigration attorney to handle this challenging matter.

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  • What is my next move please help me

    I am a au pair from the philippines and the family i was with i just left yesterday. They did not give me a phone i worked 12.5 hours a day and they never let me go out on my days off they said no. They are both in the Army and said if i tried to ...

    Ksenia’s Answer

    I am so sad to hear that you have found yourself in this situation. I hope you are now somewhere that you feel safe. It sounds to me like you are a possible candidate for immigration relief as the victim of a crime. You should call the police and described in detail what has happened to you. If they find that you have been the victim of a crime, such as unlawful restraint or false imprisonment or human trafficking, you may be eligible to eventually obtain more long-term lawful status in the US through the U Visa or T Visa. I would recommend that you call the police and then call an immigration attorney experienced in representing victims of crime.

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  • Asylum claim What is an asylum cognizable claim?

    If I want to apply for asylum, I need to make a cognizable claim, what does it mean? and how do I write it? and is any website to look up for a sample of those claims Thanks

    Ksenia’s Answer

    This means that you must have a reason to fear returning to your country on account of persecution. This must be a claim that is individual to you, therefore there is no template that you can use. Asylum law is complex, and if you are denied at the Asylum Office, you will be placed in removal proceedings, where you can continue to ask for asylum, but where winning your case will be much more difficult. Also, if you lose, you will be removed from the US. Individuals who are not represented by an attorney in Immigration proceedings are twice as likely to lose their case. So if staying here is important to you, hire an attorney right away.

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