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Dilipkumar Patel
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Dilipkumar Patel’s Answers

17 total


  • Can i keep my visa?

    I am married to Amerian man living in china. i do not have a immigration visa yet, but have a tourist visa that expires next year. I am gettin a divorce from him very soon. if we do get divorced do i get to keep my tourist visa and if i do keep i...

    Dilipkumar’s Answer

    The tourist visa will not be impacted by the divorce. However, the visa is only a permission for you to travel to the US. You will need to satisfy the immigration inspector at the time of entry that you are a genuine visitor (i.e temporary visit, maintaining a home abroad, will not work in USA, and will return home at end of temporary visit)

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  • Change of status from b1/b2 to L1

    Dear I am from Govt (Pakistan) and worked with a UN organization abroad (Bangladesh)for 5 years (2004-2009) on a professional position. I also worked with an enterprise and did consultancy throughout the period of my deputation with UN organi...

    Dilipkumar’s Answer

    You need to have been employed ABROAD for full year in the past three years by the parent, affiliate or subsidiary of the proposed US employer. It does not seem you meet the basic requirements. You should consult with an immigration attorney to analyze your situation.

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  • Do I need govt-issued birth certificate to file for adjustment of status?

    I am filing for adjustment of status (to permanent resident), which requires that I present my birth certificate. I have two problems here. First, my birth certificate was issued by the hospital, not the state. (As at when I was born, the govt in ...

    Dilipkumar’s Answer

    A Birth Certificate IS required. The USCIS will refer to the Foreign Affairs Manual published by the Department of State for official information about availability of birth records in your country of birth. You will have to comply with those requirements. Any experienced immigration attorney should be able to advise you on this.

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  • Lost Green Card

    I applied for Naturalization tree months ago. Two weeks ago, I received an appointment for biometrics, scheduled for Oct. 6. I'm support to surrender my Green Card on biometrics appointment. The problem is I couldn't find my Green Card. I must hav...

    Dilipkumar’s Answer

    They do not usually require you to surrender your green card or anything at the biometrics appointment. You will need a valid id to be allowed into the building.

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  • Immigration and Divorce

    I am currently on a dependent Visa and can't work in US. My spouse who is on work visa filed for divorce and mentioned that he'll drop me as a dependent during h1b extension. We have 2 kids and a mortgage. What happens to the divorce proceedings ...

    Dilipkumar’s Answer

    You should try to keep a legal immigration status. The divorce process will continue even if you have no legal status. In similar situations, I have seen dependent spouses change status to F-1 student or B-1 visitor status to finish the divorce process. You need to seek the assistance of a Divorce Attorney in your state and an immigration attorney to assist you.

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  • H1B expired. I130 withdrawn by spouse, what is my status? Do I need to apply for H1B extension?

    I was on H1B for a few years, it expired few months ago. Spouse whose is a US citizen applied for I130 and I applied for adjustment of status just before the visa could expire. I765 and I131 were approved couple of months ago. My spouse withdrew I...

    Dilipkumar’s Answer

    • Selected as best answer

    The Employment Authorization and the Advance Parole travel permit are valid until revoked by USCIS. You can expect that the Adjustment of Status application will be revoked soon, and when that happens the Employment Authorization will also be revoked. You should see if you can get a new H-1B asap.
    You did not mention it, but be aware that if you were abused by your US Citizen spouse, there are provisions to allow you to self petition for a Green Card.

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  • When can I reaply for the citizenship again after the dinal?

    I applyed for the citizenship in Nov 2006, and got the final answer on Jun 2007 that I was ineligible for the following reasons: lack of continous residence, lack of jurisdictional residence, lack of jurisdiction. When can I apply again and ...

    Dilipkumar’s Answer

    You can apply again when you satisfy the various requirements for eligibility to Naturalize. The requirements are described on the USCIS website at www.USCIS.gov You would need to look at the pages which describe the Naturalization process. One requirement is that you need to have lived in the specific State or District for at least 3 months before you apply. It sounds like you did not meet that requirement when you made the application in Nov 2006. The requirement for "Continous Residence" is that you must have lived in the US for the right amount of time as a Permanent Resident. The right time is usually 5 years but reduced in some special situations - for example it is 3 years if you are married to a US Citizen and have lived with your US citizen spouse for the 3 years. The continuity of residence is usually broken if you remain outside the US for more than 1 year and may be broken even for absences of more than 6 months but less than 1 year. I would recommend that you consult with an experienced immigration attorney to review the requirments and to see if you now meet the requirements. The attorney could also guide you on when you would meeet the requirements.

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  • US Citizen marrying Australian on E3 Visa, Re-entry problems after honeymoon?

    I'm a US citizen, my fiance is Australian here on a E3 visa. We intend to marry in June 2009 and go on a honeymoon overseas. Are there any potential problems we should be aware of when we return from our trip to the US? Will he be questioned a...

    Dilipkumar’s Answer

    This is something about which you should consult an experienced immigration attorney in more detail. The potential problem is that the E-3 is a temporary visa and the person seeking entry or reentry in E-3 status has to have the intent to remain temporarily in the US. If he is married to a US Citizen, the implication is that he wants to reside here permanently. The attorney will need to discuss with you the possibility of the risk materializing at the time of entry — and the consequences. I assume that you may want to apply to process Permanent Resident Status for him — if so, the timing of the application will be very important. If he leaves the country after he applies for his adjustment of status, the application will be deemed abandoned unless he receives a travel permit (called “Advance Parole”) BEFORE he departs. It may take 60 to 90 days to receive the Advance Parole.

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  • I am in US since 3 years on L2 visa now want to get J1 visa, how to prove Non immigration intent

    I came to USA 3 years back on L2 visa just after graduating from Medical school in home country. I want to do residency on J1 visa (2 year waiver rule applies). My spouse is on L1 blanket and his employer wont sponsor Green card. I also have ...

    Dilipkumar’s Answer

    Obviously, proving non immigrant intent will be an issue. You should ask whether the program will allow you to undeertake the residency in your L-2 status. As an L-2, you can get open market eployment authorization - why would that not allow you to undertake the Residency? Or even an H-1B (if you have the necesary exams and if the employer is willing to pursue the H-1B)?

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  • Immigration I-797 and Florida DMV . My friend can't renew his wife and sons drivers license while his case is pending.

    My friend and his family has their immigration adjustment file (I-130)pending. His brother applied for him and his family back in 2001 case is still pending. They were able to renew their driving licenses with the 797, copy of I-130 now this yea...

    Dilipkumar’s Answer

    Your friend probably does not have the "Adjustment of Status" application filed yet. Sounds like only the I-130 petition was filed. Your friend should consult an experienced immigration attorney - one solution maybe for the brother to file a new I-130 petition.

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