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Matthew B Weber

Matthew Weber’s Answers

36 total

  • Who should apply I-290B?

    L1A denied.Who should apply I-290B?Where hire specialist Lawer?

    Matthew’s Answer

    The petitioning employer must file the form and definitely hire a good lawyer

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  • I WAS GRANTED ASYLUM IN APRIL 2010, I FILE I 730 FOR MY FAMILY , I GOT TRANSFER NOTICE TO ASYLUM OFFICE SAN FRANCISCO ,ANY IDEA

    PROCESING TIMES ?

    Matthew’s Answer

    If they transferred it they may be wanting to verify some evidence including the family relationship.

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  • I-751 waiver based on bonafide marriage: are affidavits necessary assuming you have lots of another documentary evidence?

    i have joint tax returns, joint insurance, joint bank accounts, over 100s of pictures, utility bills, joint car titles, membership cards, mails addressed to both of us, etc. do i still need to include affidavits from friends and family? how st...

    Matthew’s Answer

    Affidavits are just as much evidence as any other documents. In the context of an I-751, they are best when they tell a story of the marriage as experienced and not just say " I know them and they are a true couple."

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  • L1A extend denied.Will also denied I-140?

    L1A extend denied.I applied I-140 before denied L1A. Will also denied I-140?

    Matthew’s Answer

    The answer will depend upon the basis for the denial. I would look at the reason for why the L1A was denied and try to remedy the reasons by filing additional evidence.

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  • Thomas Esparza & Jacqueline L. Watson, Immigration Specialists Austin, TX Va. Assault not CIMT Written by: Thomas Esparza Jr.

    Thomas Esparza & Jacqueline L. Watson, Immigration Specialists Austin, TX Va. Assault not CIMT Written by: Thomas Esparza Jr. Assault Battery Family Family Immigration Immigration Posted 6 months ago. Matter of SEJAS, 24 I&N Dec. 236 (BIA ...

    Matthew’s Answer

    I agree that it is highly unlikely to be a CIMT. Further, even if it is a crime of violence or for that matter a crime of domestic violence, neither of those types of offenses are grounds of inadmissibility. Thus it appears that you can get an immigrant visa.

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  • Can I change status from B1/B2 to F2 without leaving the US?

    My daughter is getting her masters degree in the US with F1 visa. Her accompanying husband with F2 visa had to leave due to end of his vacation without pay and had to report to work. I am retired and in the US with B1/B2 to provide necessary suppo...

    Matthew’s Answer

    You can change status to a student visa without leaving the country as long as you are currently in status and have not worked without authorization. The important thing to remember is that you should wait 60 days before filing the form.

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  • Alien smuggling

    Hey guys this question is weird and confusing so I just want to know. The question is how is Carlos Gutierrez is eligible for cancellation of removal? I read that alien smuggling is an aggravated felony and if that person is convicted of an aggr...

    Matthew’s Answer

    Pursuant to INA 240A(a)(a)(3) an alien is ineligible for Cancellation of Removal if he has criminal conviction for an alien smuggling offense. Gutierrez was never convicted of the crime of alien smuuggling. Instead he was apprehended coming into the country and charged with being inadmissible pursuant to INA 212(a)(6)(E) for knowingly abetting encouranging, inducing, etc alien smuggling. The distinction is huge since the burden of proof in removal proceedings (cleatr and convincing evidence) is far less than the burden of proof in criminal proceedings (beyond a reasonable doubt).

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  • How long it will take and what is the procedure to get legal status for the mother of us born child if the mother is on b2 visa.

    if some one is on b2 visa and give birth in us child will get us citizenship but how and what will be the procedure to get permanent residence ship for the mother without leaving us.

    Matthew’s Answer

    The mother will essentially have two ways to get permanent residence. First, once the child is 21, s/he can file a petition for the mother. Second, if the mother marries a US citizen, her husband cam file a petition for her immediately.

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  • What are the chances of me fixing my boyfriend’s legal status once we get married?

    My boyfriend was brought to the U.S. legally when he was 11. I am a citizen of the U.S. and I am planning on getting married as soon as I turn 18, but I need to know, what are the chances of me helping him fix his legal status in the U.S? What wou...

    Matthew’s Answer

    As long as your boyfriend is not inadmissible for having been convicted of certain crimes, it appears that he will be able to apply for his permanent residence once you are married.

    The main requirements for applying for lawful permanent residence based upon marriage to a US citizen are that he must entered legally, he is "admissible," and that the marriage is bona fide; i.e., not entered into solely for immigration purposes.
    As to the cost the filing fees are currently $1490 for the various forms. The legal fees top prepare the application and attend the marriage interview vary from lawyer to lawyer.

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  • Does a misdemeanor make adjustment of status difficult?

    i shoplifted goods worth 85 dollars .. i was asked to do 40 hours of community service which i did on time and my case was dismissed .. i have over stayed also but all this time that i shop lifted and over stayed i was and still am married to a U....

    Matthew’s Answer

    Frm what you have described you will be able to get your residence. Although a crime of theft is frequently determined to be a crime involving moral turpitude, it appears that since the charge was dismissed, you have not been convicted and thus are not "inadmissible".
    Further, a person is not rendered inadmissible for one crime involving moral turpitude if it is a petty offense; i.e., the offense carries a maximum sentence of one year and the sentence given was less than 6 months.
    You will however, have to provide certified copies of the police report and the court disposition.

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