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Hans Burgos

Hans Burgos’s Answers

42 total


  • L1A visa to green card manager approval process

    I AM a L1A visa holder, I want to process the green card. Who should approve the green card process from my employeer?, (my Boss? , CEO? or director from my area?). Thanks

    Hans’s Answer

    The company will need to file a petition (Form I-140) with the USCIS requesting an employment based immigrant visa under the 1st preference category (EB-1). This is a complex process requiring considerable knowledge and experience in corporate immigration law. An officer authorized to represent the company may sign the petition. Contact an immigration attorney to help you in this matter.

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  • Confused under which I-130 approved petition I can adjust my daughter

    Back in 2009 I was a u.s. Resident. I filed an I-130 for my daughter. Immigration approved it. On 2011 I became a citizen and, in error, I re-filed a second I-130 for my daughter. It was also approved. Which of the two should I use to file an I-48...

    Hans’s Answer

    We need more information to answer your question. If your daughter is now over 21 years old and still single, she would fall under 1st preference (F-1) category and her immigrant visa would not be currently available under the second I-130. And if she has accrued more than 6 months of unlawful presence in the US after turning 18, she may need the first I-130 to show eligibility to adjust her status under section 245(i). Contact an immigration attorney.

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  • Greetings .. I'm applying for the DS-260 Visa Immigration form and i was asked "Have you ever been arrested"

    5 years ago I was arrested on counterfeiting suspicion for my university official documents and their suspicion was that the official seal of the country's embassy stamp and council authorities were fake. I plead not guilty since I had nothing to ...

    Hans’s Answer

    You should answer yes to that question and, in the process, provide documentary evidence (a record of disposition) showing that those charges were dismissed and that you were not convicted. Contact an immigration attorney to assist you in this matter.

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  • Can my father get a B-2 visa to attend wedding with currently approved Petition and processing at National Visa Center?

    I'm getting married this July 20th 2014 and I really want my father to be present at my wedding. Trick is my little sister who is a USC filed a petition for him and it's at NVC. We just payed the AOS fee and waiting for the next step. I doubt if h...

    Hans’s Answer

    Generally, a person traveling to the US with a nonimmigrant visa such as a B-1/B-2 is required to clearly manifest a nonimmigrant intent. As the beneficiary of an approved immigrant visa, now pending consular processing, your father may have some difficulty in establishing such nonimmigrant intent at the time of applying for admission at a POE. Have him contact an immigration attorney for more advice on this matter.

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  • Will I be fine with no status in the US? Can I have bank accounts etc without worrying about being deported?

    I came to the US on a valid j1 visa. It has now since expired. My question is, if I stay here in the United States could I be deported for overstaying? If I get stopped by a policeman for speeding for example? Can I have a bank account and deposit...

    Hans’s Answer

    Yes, you could be placed in removal/deportation proceedings for overstaying in the United States. If you become the spouse of a US citizen, he may petition for you to become a lawful permanent resident regardless of having violated your immigration status by overstaying in this country. Contact an immigration attorney for more information.

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  • Hello, I got an O-1 visa and moving to USA. How can I get my green card?

    1) How can I get EB1 Green card? 2)What is the difference between EB1 and EB2 and which one is better? 3)How long it will take to get the green card?

    Hans’s Answer

    USCIS will usually require more documentation when adjudicating an EB-1 petition. Bear in mind that the fact that they approved your O-1 will not necessarily result in the approval of your immigrant visa petition. The difference between and EB-1 and EB-2 is that an EB-1 does not require a labor certification; an EB-2 generally does. Finally, an EB-1 process will probably take between 6 months and 1 year. Contact an immigration attorney for more information.

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  • Immigration visa This is the case of my mother which got approved by Uscis last November 2013

    My mother case was approved by Uscis last November and today when I called immigration they said to contact visa center , and I am a student here finished my studies in MBA was actually inviting her on tourist visa by sending an invitation to atte...

    Hans’s Answer

    Your mother may have difficulties in obtaining a tourist visa, given that she is the beneficiary of an approved immigrant visa petition, and that a foreign national applying for such a tourist (B-2) visa is required to establish that he or she is a bona fide non-immigrant.

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  • My I-130 form got aproved for my husbad. What comes next?

    My husband is in the united states right now with me. I am a us citizen. the I-130 form go aproved an we resived a leter from the NVC. On one of the papers it told me to call them befor making any payments if he wanted to change his status with us...

    Hans’s Answer

    The fact that your I-130 was approved is only a first step that may allow your husband to acquire a green card. We need more information to determine the next step. If he entered the United States without inspection and accrued more than 6 months of unlawful presence, your spouse may apply for a waiver of unlawful presence; and eventually pursue consular processing of his green card. If he was inspected and admitted or parole into the United States; he may apply for adjustment of status and obtain his green card inside this country.

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  • What to do if denied entry to the US?

    Are there any guidelines on how one should handle themselves in the unfortunate and scary scenario of being denied entry to the US for failing to prove non immigrant intent?

    Hans’s Answer

    You may opt and request to see an immigration judge if you feel the decision of the inspector is not based on the evidence you are presenting. But ear in mind that you bear the burden of establishing your nonimmigrant intent since all foreign nationals applying for admission are presumed immigrants.

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  • Can I go back to the US if before the 10 years penalty for staying as illegal?

    I went to US when I was 14 as a tourist, and stay there for almost 7 years, I came back to my country for my own decision at the age of 21. I did not want to stay there as an illegal person. Now, I have to wait for 10 years, or can I get those pen...

    Hans’s Answer

    You may apply for a waiver for said ground of inadmissibility by filing an application (Form I-601). Contact an immigration attorney for more information.

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