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Carlos E Sandoval
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Carlos Sandoval’s Answers

936 total


  • Can I still go for a counselor processing if my I-485 has been denied or is there any way I can get NTA issued.

    Hi- I have I-130 approved application petition but had my I-485 denied because of findings of misrepresentation and even my I-601 got denied. Can I still go for a counselor processing if my I-485 has been denied by filing I-824 as people say chanc...

    Carlos’s Answer

    First question is whether you did the waiver by yourself or with an attorney. If you did it by yourself you should definitely meet with an experienced immigration attorney to see the reasons it got deny. Normally the waivers are adjudicated at the same place whether they are filed at the consulate or with and adjustment of status. If you don't have an attorney, consult with an experienced one to review your case.

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  • How much attorney will cost me for consular processing and to file for provisional waiver?

    I came to US in 1998 with my parents and 1 older sister on B1/B2 visa which was approved for six months then we extended for another six months.Meanwhile I obtained student visa(F1) which was approved and receipt stated Valid for duration of statu...

    Carlos’s Answer

    How much will it cost you depends on many factors, and more information is required to evaluate your case. What you should do is have a consultation with an experienced immigration attorney, and after reviewing your case more closely the attorney will be able to give you information about the cost for representing you in your case.

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  • After I was denied work permit, do I have to send the I-765 application again or to file I-290B motion will be enough?

    I have a pending asylum. My application for EAD was denied because I sent it a bit earlier(After I-589 was received 141 days passed instead of 150). Now, the letter came to file I-290B to reconsider. What are my chances now to get work permit any...

    Carlos’s Answer

    If you still did not qualify for the EAD then there was no error to deny your application, and the chances to get a successful motion or appeal are very little. This shows some of the benefits of working with an experienced immigration lawyer, to ensure things are filed properly.

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  • Do we fill the I-485 now or do we wait until the family member is paroled into and is physically present in the US?

    Let us now have the same scenario as described in another case but still under the Haitian Family Reunification Program (HFRP) ( priority date for beneficiary: October 2010. In the Visa bulletin, there are two dates: 15MAY09 for APPLICATION FINAL ...

    Carlos’s Answer

    A person cannot do an adjustment of status unless that person is physically in the United States. Consult with an experienced immigration lawyer to evaluate your case.

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  • May Administrative Appeal Office remand a case back to service center if service center certified the decision to AAO?

    Service center denied my case and certified the decision to AAO. May AAO remand my case back to service center, or uphold/sustain are the only options?

    Carlos’s Answer

    The AAO can remand the case to the service to inquire on specific facts if they are not clear, or to adjudicate a case in accordance with the AAO's decision.

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  • Good morning, may I ask a student visa after having a rejection of the B1 a year and a half ago?

    About Visa student

    Carlos’s Answer

    Yes, you may apply for a student visa even if a business visa has been denied in the past.

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  • Would it be a problem for the emigrations that my wife is studying in SD to get my 10 years green card?

    I'm a foreigner and I have 2 years marriage with my wife who is an American citizen. I've got already 2 years green card and this summer I have to apply for 10 years green card. In September my wife moved to SD to continue her education in an univ...

    Carlos’s Answer

    What you describe could raise suspicions to immigration that the marriage is not legitimate. Obviously if you have sufficient evidence to show it is would help in your case. You should consult with and experienced immigration lawyer to make sure your case has enough evidence to improve the chances of it being approved.

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  • Im not a legal citizen but i was raped and physically abused by my husband of 8 months which is a legal marraige with a citizen.

    im not a legal resident of america but i have been living there for past 4 years. i met someone and got married legally by signing documents so that i can be a citizen for the past 8 months. Last night he has gotten very abusive and raped me and ...

    Carlos’s Answer

    There are immigration benefits for people who have been abused by their United States citizen spouses. You should contact the police to file a report, consider filing a restraining order to prevent him from getting close to you, and meet with an experienced immigration lawyer to evaluate your case.

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  • Can they fill the I-485 application now? Must the father, the original applicant, be one of the financial sponsors for I-864?

    I have some family members who are in the US under the Haitian Family Reunification Program (HFRP). Their father filled out the application. I am trying to determine whether they should fill out the I-485 (Application to Register Permanent Residen...

    Carlos’s Answer

    They can file the application by the dates of filing. The petitioner needs to file an affidavit of support, and if he does not meet the requirements under the federal poverty guidelines, they also need to find a co-sponsor to send a second affidavit of support. They should consult with an experienced immigration lawyer to assure the cases are being filed correctly.

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  • Will immigration accept a business like investing in real estate to get my residency?

    I would like to move to US from Brazil and get my residency as an investor. If I buy properties as an investor to sell or to rent seasonally, can I use that business to get my papers through the EB5 process? I guess the L1 wouldn't apply, because ...

    Carlos’s Answer

    It depends on the specific facts of your case, since the EB-5 in addition to the investment of the funds requires the creation of at least 10 jobs. Your best bet is to consult with an experienced immigration lawyer to evaluate your case.

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