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Cary G Blake

Cary Blake’s Answers

32 total

  • Can I file I-130 without social security and Green card number (For new immigrant) ?

    My father in law and mother in law just came to USA yesterday and they would like to file I-130 for his son who is 19 years and 9 month old.We would like to file his I-130 as soon as possible in order to avoid 21 Age issue. Can we file I-...

    Cary’s Answer

    When filing an I-130 you do not need a SSN. There is no CSPA form however, since he may age out I would recommend filing the visa petition immediately!

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  • Do i need a travel document to travel out of the US for work training in Asia?

    I got my green card via asylum. I just started this job and it requires me to travel after exactly a month on it for training which doesn't give me the needed time to apply and receive a travel document. My country's passport is still valid and I ...

    Cary’s Answer

    So long as you are not traveling to your home country, from which you are a asylee, your green card works has travel authorization which will permit you to reenter the US, so long as you have no other grounds of inadmissibility. I would recommend speaking with an experienced immigration attorney before you leave the US.

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  • I'm married to an American citizen two years and we have a baby together ,I'm still without legal document

    I have problem with my husbands mother,she threatens me all the time that she inform me to the immigration department that they will send me back to my country without my baby,she know financially we can't begin the processes I know she have my ...

    Cary’s Answer

    I concur, you definitely need to speak with an experienced immigration attorney to discuss the best course of action for you.

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  • For filing i-751, we feel like we dont have enough proof that our marriage is real. Should i attach a letter explaining

    A.) why my name (immigrant) is not on our lease b.) we dont share insurance c.) why i am not on my husbnd's mobile line d.) we dont have utility bills on our name 2. When submitting joint account as an evidence, do i submit bank statement or ce...

    Cary’s Answer

    I agree with my colleague. Only an experienced immigration attorney whom has handled these types of cases should be the one to determine what bonafides of the marriage are sufficient and what additional documents can or should be added. Just because you think your short on documentation doesn't necessarily mean you are.

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  • Can a CU6 who was convicted of uttering a forgery be deported upon entering USA from Cuba?

    My friend comitted a felony "Uttering a Forgery". She went before the judge and was given 150 community hours to do, no jail time nor bond was given. She complied with the community hours and at the end was issued a "NOLLE PROSSE". She is a res...

    Cary’s Answer

    Being Cuban places her in a completely separate category of aliens. Unless she has committed a crime or crimes of violence, it is highly unlikely she will be issued a notice to appear before the immigration judge. If In fact the charges were nolle prossed and she has no other criminal convictions it appears that she doesn't have any issues with inadmissibility. However, CBP can always place her in secondary inspection or deferred inspection and question her about the arrest. She should always carry a certified copy of the courts final disposition for any issues CBP may have with her at a port of entry.

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  • What are my options transferring from h1b cap exempt to non exempt?

    I'm currently working for a university under h1b status. Recently, I received an offer from a for profit institution in NYC. It's a terrific job, but can I begin working before oct 1, 2013? I'm afraid it's too long of a wait for the company and I ...

    Cary’s Answer

    My colleague is correct in that nonprofits’ are cap exempt. As such you would not have to wait until October. I would recommend hiring an attorney to make sure filing is done properly and expeditiously, in your interests. You can begin working at new job when the paperwork is filed with USCIS.

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  • My mother and sister have green card.they didnt come to usa almost 15 months.my sister study .they couldnt come..my sister wants

    my sister wants to come for vacation.can she come again??its been more than a year.im just curious what can happen

    Cary’s Answer

    I agree with y colleagues. Residency is usually abandoned after 12 months. I would highly recommend sitting down with me or another experienced immigration attorney to discuss options. You may have argument that residency wasn’t abandoned but you have not provided enough facts for anyone to make a well-reasoned determination of what suits your needs best.

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  • I pass the test but they say the uscis will mail the final decision and i checked my case in uscis website and they say they

    And they say we mail a request of evidance did some one can explane

    Cary’s Answer

    I would recommend going to an experienced immigration attorney with the RFE, submitted application and any other supporting documents you believe to be material to your application. It is not uncommon for USCIS no to give a decision and state decision is in the mail. Most of the time it means that the officer has not had time to review your file an can’t make a decision with certainty until its reviewed further. You may be ok and get good news in the mail granting your application. However, if you do receive an RFE or any other notice from USCIS see an attorney immediately.

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  • Can I travel on green card which I obtained through asylum ? I m told I need a reentry permit to go back to COP?

    I was planning a short trip due to medical condition of my grand mother, I filed asylum in 2004 it's been 9 years since I travelled back home. I filed asylum cuz the youngsters in my cop were targeted for changing religion. Now I am 25 .. I came w...

    Cary’s Answer

    I would speak to an experienced immigration attorney that understands the potential pitfalls you may encounter returning to your home country. DHS can revoke your greencard if greencard was issued by a grant of asylum and you return to your home country.

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  • Is EAD portable too?

    My husband got his EAD, from employer A, which sponsored me under EB2. I-485 would be pending for 180 days this Dec 28 and planning to do AC21 with employer B. If I transfer to employer B, should they file for a separate EAD for my husband, so he ...

    Cary’s Answer

    So long as your husband isn't in f status he can use EAD for Whomever

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