Skip to main content
Ksenia Alexandrovna Maiorova

Ksenia Maiorova’s Answers

1,704 total


  • Aos adjustment of status

    If i apply for i-130 before on previous marriage it was denied and im applying for AOS WITH CURRENT MARRIAGE and i dont diclose previous marriage on aos application does immigration will find out about my old application and previous marriage even...

    Ksenia’s Answer

    You've got yourself into quite a complex situation here. Rest assured that immigration agencies share information and your previous marriage based case is available to the immigration officer who will be adjudicating your case. How? Well, you submitted your birth certificate, which shows your name, date and place of birth and the names of your parents. You submitted other documents with identifying information, including your passport. It's not difficult to put that information together. You could be charged with immigration fraud for your failure to fully disclose your marriage history, which would be a problem for the approval of your current marriage-based case. Lying is never a good idea in immigration matters. You will almost always get caught and the consequences are more severe than if had told the truth in the first place. This is a very serious matter and I would strongly recommend that you hire a lawyer ASAP, before you get called to the interview.

    See question 
  • Im holding tourist visa and will be expired on September 2015.. I'm pregnant of US citizen and its going 5weeks now..

    I want to ask : Since im pregnant of US citizen am i allowed to stay longer until i gave birth? Or is there another way for me to stay here instead of married and apply for green card?

    Ksenia’s Answer

    Becoming pregnant by a US citizen, or giving birth to a US citizen child does not confer any specific immigration benefits in the US. You mentioned that your visa expires in September 2015, but we need to know when your status expires. Your visa expiration date does not have anything to do with whether you are in legal status right now. If you're still in status, you may be able to apply for an extension of status.

    See question 
  • Removal of Conditional green card interview

    Hi, i have interview in couple of weeks for ROC ..unfortunately my marriage is on rocks i am not staying with my wife for almost 6 months but she is ready to join me for interview. so at the time of interview we should say straight forwar...

    Ksenia’s Answer

    You do not want to lie about anything at this interview. I am not sure what you mean when you say the marriage proposal came from her family, but if this was a financial transaction rather than a marriage for love, you could be in trouble. This is a case that warrants attorney representation.

    See question 
  • How to proceed if I am illegal in the US (1 year), married with a conditional permanent resident and b1/b2 visa holder?

    Hi, This is my situation and I'm looking for some orientation. My husband filed a petition for me just recently (i-130) within US and now I am 1 year that my i-94 expired and it was approved (i-130). We loved each other so much, and I can...

    Ksenia’s Answer

    I see some serious potential issues with your case. First, if your husband obtained his conditional residency through marriage to a US citizen, but was living/in a relationship with you at the same time, this situation can get very complex. He could be charged with marriage fraud, which could result in him losing his status. Second, because you overstayed your visa, you are now out of status. Subject to limited exceptions, only spouses, children under 21 and parents of US citizens can adjust status in the US after they have fallen out of status, so it sounds like you would not be eligible until. at the earliest, your husband becomes a US citizen. You need an attorney, not a few paragraphs of advice on an immigration forum online.

    See question 
  • Are there immigrant organizations in Orlando who are currently seeking legal interns or volunteers?

    I just finished my first year of law school. I have always dreamed of practicing immigration law. My school does not have an immigration clinic and I'm seeking outside opportunities to broaden my knowledge of immigration law. What are the organiza...

    Ksenia’s Answer

    In addition to small law firms, non-profit organizations are fantastic venues for substantive, hands-on experience. I would recommend that you contact them with your resume and a strong writing sample. Remember that 90% of lawyering is writing, so you want to ensure that you stand out in this area.

    See question 
  • That means we will have to wait another few months? Is there a time frame after this interview?

    After more than 90 days waiting for RFE answer, we call a few times, they said wait a month, and then another month and so, recently my employ said he just completed a site visa and interview with an officer from Homeland Security. She requested ...

    Ksenia’s Answer

    It appears that USCIS may have suspected fraud in your case. This is often the case when there is a site visit in an employment-based case. There is no way to tell for certain, however, an experienced attorney may be able to review what you submitted and help you understand the possible issues with your case, as well as advise you on how you can maximize your chances of approval. If your employer used an attorney to file the case, start there. If not, this might be the time for you and your employer to visit an experienced immigration attorney in the area.

    See question 
  • I am filling under VAWA and I was wondering if I should let the USCIS know of the change of direction?

    Hello everyone, due to my husband's abuse and despite he petionned for me the AOS ( which never went further than the fingerprints and the case is still open), I had to leave him and I want to file under vawa. would my application expediate if I f...

    Ksenia’s Answer

    You would no longer need the I-130 if you are pursuing adjustment through VAWA. Sometimes, if you notify USCIS, they will hold your original I-485 in abeyance so that you don't have to re-file one based on the VAWA and pay fees or obtain a fee waiver. I have done this for my clients before, but it depends on the local field office policy. Some of them won't do it.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question