Skip to main content
Maud Poudat

Maud Poudat’s Answers

121 total


  • I came to US 11 years ago with K1 visa but never had chance to married.and I applied for political asylem on that time.

    i have a appeal case for almost 2 years now.and I am waiting for immigration decision.but I had married 6 months ago.what I have to do now?waiting for the decision or applied as the married.my wife is US citizen.

    Maud’s Answer

    It appears that your new spouse is not the original petitioner on your K-1. If you never married your petitioner then you cannot adjust through this second marriage.
    Maud Poudat
    Attorney-at-Law
    Board Certified in Immigration
    and Nationality Law

    Law Office of Maud Poudat, P.A.
    2816 E. Robinson Street
    Orlando, Florida 32803
    Ph: (407) 373-0994
    Fax: (407) 386-3442
    Web: www.mpoudatlaw.com

    See question 
  • My wife is Swiss and her 90 day vistor visa will expire soon. How long must she remain out of the USA before she can re-enter?

    Thank you

    Maud’s Answer

    • Selected as best answer

    Yes, there is no set time frame on these. Technically, they allow consecutive entries but it all depends if she can establish that she is not coming here to stay permanently, whether you have already filed a petition for her to remain here in the States, prior entries, etc...

    See question 
  • Could somebody pls let me know how my husband can remove his detainer?

    my husband is currently taking his last year of his 5 years, due to medicare fraud. he is incarcorated in McRea, GA since he was a green card holder. They are processing his immigration now, has been infront of the judge twice, 1st time he was rec...

    Maud’s Answer

    He is more than likely mandatory detention due to his criminal conviction. He will therefore not be able to get released during this process. He should also apply for all forms of relief available to him because you do not know which one the judge will deny or grant.

    Maud Poudat
    m.poudat@mpoudatlaw.com
    www.mpoudatlaw.com
    407-346-9913

    See question 
  • We entered USA more than 11 years ago with B1/B2 visa,is there any options or possibilities to get Green Card?

    Soon when we found out that we were expecting our first son(we have 2 sons,they both US citizen),we decided to stay and applied to waive our visa,got rejected.A year later we got a job as custodian in our church and the church had tried to sponsor...

    Maud’s Answer

    There are no options for you at this time unfortunately but to leave the U.S. and apply for some other visa with a waiver (pardon) for your overstay. You can wait for your children to sponsor you for permanent residence after they turn 21 years of age. If you are placed in removal proceedings, you may be able to apply for cancellation of removal as non-permanent residents since you have two U.S. children. However, the standard is high and such relief is rarely granted based on ordinary circumstances.

    Maud Poudat
    m.poudat@mpoudatlaw.com
    www.mpoudatlaw.com
    407-346-9913

    See question 
  • In the past i've overstayed in the US, can i go back as tourist?

    Hello my name is Gianluca, i'm an italian citizen. in the year 2000 i came to the US as turist, i've overstaid and in the 2002 i've got married with an american citizen, obtained social security number and work permit. Then, before the final green...

    Maud’s Answer

    Additionally, the Consulate may look into your previous marriage whether it was entered into in good faith. You will more than likely need a waiver of inadmissibility because you have overstayed your status for more than 1 year prior to applying for your adjustment of status. Contact me with any questions about applying for a 212(d)(3) waiver.

    Maud Poudat
    m.poudat@mpoudatlaw.com
    www.mpoudatlaw.com
    407-373-0994

    See question 
  • I just got my greencard(GC) My spouse is on F1 visa. Now if she files GC through me,In how many years will she get greencard(GC)

    Or will it be better , she applies for Green card after I get my citizenship? which way will be faster and easier?

    Maud’s Answer

    It always takes longer for the spouse to obtain the permanent residence (GC) if sponsored by a green card holder spouse. However, i would still file for her now as you are going to wait another 5 years to apply for your citizenship. If you file the petition for her now, it will take about 3 years for the priority date to become current (for her to file for GC).

    See question 
  • When can i file my naturalization if i got my green card through VAWA.? Maria

    I got my green through I-360 Amerisan VAWA , on 2008 can i file for my naturalization this year

    Maud’s Answer

    If you obtained your green card through marriage to a U.S. citizen who was abusive then yes you should be able to. If he is still a green card holder then probably not. Consult with an experienced immigration lawyer to make sure you are eligible.

    See question 
  • Can we apply L2 Extension with valid L1 I-94 date?

    My L1 visa will expire on Apr 26,2012 and I-94 expire date is 12/23/2013. My wife's visa and I-94 will expire on 4/26/2012. I have not applied for L1 extension as i have valid I94, Can I apply for my wife's L2 visa extension?

    Maud’s Answer

    An experienced immigration lawyer would have to look at your paperwork and would have to know how many years you have been on an L-1 visa and your wife on an L-2. I am not quite sure i understand how your I-94 card does not match your visa expiration date if you have not applied for an extension on your L-1 visa.

    See question 
  • Will asking for adjustment of status while in the USA will speed up my papers versus waiting in France for the process?

    I'm the beneficiary of an approved I-130 petition filed by my U.S. citizen spouse and I entered the country legally using the visa waiver program, it seems that I'm eligible for adjustment of status.THESE ARE MY QUESTIONS: 1/ I want to know if it...

    Maud’s Answer

    Hello,

    Depending on where you were at in the immigrant visa process, and if it appears that you were ready to go for interview in Paris, it would be quicker for you to process in Paris. However, if you were nowhere near the end of the Immigrant visa process, then it would be quicker to adjust in the U.S. You can travel while your adjustment of status application is pending but only after 90 days of filing your application for adjustment as it takes that time to process the travel document (advance parole). I wouldn't travel before filing your application for adjustment of status because of possible issues with non-immigrant intent associated with the VWP since you are now married and and have a pending I-130 petition, clearly showing immigrant intent.

    I am also French and would love to assist you with your process if you need.

    Law Office of Maud Poudat, P.A.
    2816 E. Robinson Street
    Orlando, Florida 32803
    Ph: (407) 373-0994
    Fax: (407) 386-3442
    Web: www.mpoudatlaw.com

    See question 
  • I had a crime with moral turpitude, what is the best way to fight against it at immigration court?

    I have green card from 10/2008.At 03/2010 I signed a plea dealing with stolen property.10/2011 i went to the cruise and when I came back at the board they took my green card and now i have to go the immigration court for deportation. I have a cit...

    Maud’s Answer

    An experienced immigration lawyer would look at the sentence you received and under what section of the state statute you were convicted under to determine whether your crime falls under a crime for which you are inadmissible. Only a thorough review and analysis of your criminal records will allow the lawyer to make that determination. You may or may not be eligible to apply for relief from removal depending on the gravity of the offense. It appears however that your qualifying relatives may help you qualify for such, but again check with an experienced immigration lawyer for such. I am board certified in immigration law, in the Orlando area and can also assist you.

    Law Office of Maud Poudat, P.A.
    2816 E. Robinson Street
    Orlando, Florida 32803
    Ph: (407) 373-0994
    Fax: (407) 386-3442
    Web: www.mpoudatlaw.com

    See question