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Neelofer Syed

Neelofer Syed’s Answers

10 total

  • Whould they approve me? why is it taking so long? should i take a lawer and take it to the court if they deny me?

    i had an interview for naturalization on 5 march 2012.i took a lawer and went to interview.i had before 2 misdemeanors.one was for shoplifting-case dismissed,another one for simple battery-1 year probation,finished in 6 months adjudication withhel...

    Neelofer’s Answer

    USCIS is allowed to take up to 180 days post interview to make a decision. While you have posted some details in your question but they are not specific enough to give you a definitive answer. For example, I do not see any issue with the charges that were dismissed, however for the other case we need to know the exact dates of offense and completion of probation etc. If those dates fell within five years preceding the filing of your Naturalization application, the chances are that USCIS will deny your case for the reason of not maintaining good moral character for continuous five year prior to the filing of the application as the regulations require.

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  • Am I in trouble? I have been married to an american citizen for going on 13 yrs and I want to get my papers so I can work here

    and come and go back to canada as I please. I haven't done anything wrong here I just don't know how to go about getting everything down now that I have waited so long.We got married young I was only 17 and I thought I just became a citizen by mar...

    Neelofer’s Answer

    As long as your initial entry in United States was legal i.e. you entered with inspection and DID NOT sneak in by crossing the border illegally, you should be able to adjust your status. If you are unsure whether you entered legally or not, please contact an immigration Attorney to evaluate this issue. If your initial entry is determined to be legal then, what needs to happen is that your husband should file the immediate relative visa petition for you and together with that petition you can file for your adjustment of status/green card application, and application for work authorization. Once all these applications are filed properly along with appropriate filing fee and appropriate supporting documents, you should be able to adjust your status in less than six months. You can contact us or any other immigration Attorney if you have additional questions.

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  • My mother has a different birth date on her birth certificate and on her marriage certificate.

    her husband and her got separated but they didnt do any legal move. i filed for my mothers petition to go here in the US, recently her husband died when i fill up the form ds 230 i put shes widowed but we havent send it, just now my mother told me...

    Neelofer’s Answer

    The best course of action in order to avoid any possible complications should be to get the wrong date of birth corrected before you proceed.

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  • Advance Parole

    I got the approval of the Advance Parol with the employment authorization in 1 card. I want to travel abroad for 2 weeks for an emergency. I legally stayed in the United States. My adjustment of status is pending. Do I need other documents for my...

    Neelofer’s Answer

    • Selected as best answer

    I am not exactly sure what you mean when you state "advance parole and employment authorization in 1 card". Generally, employment authorization is a separate card and advance parole is a separate document which somewhat resembles the receipt notices issued by USCIS. Nevertheless, to answer your question, if your adjustment of status is pending and you have never accumulated unlawful presence in United States, you should not have any issues traveling. I will suggest that when traveling, you carry your advance parole document, your valid passport, and your I-485 receipt notice with you. While NOT necessary, you may even consider to carry your H-1B approval and all other previous approval notices granting or extending your non immigrant status.

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  • I360 pending and work permti

    My I360 was prima facie approved in September. I did not file the 485 b/c of the large filing fee. Can I get a work permit? How long do I need to wait until i can apply for one?

    Neelofer’s Answer

    The work permit can be applied together with I-485. You can file the I-485 and work permit together anytime while your I-360 is pending or after it's approval.

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  • I need immgration lawyer to help me can get work permit while my i 360 is pending.

    i will pay money if i can work and promised to pay money for lawyers,because i amnot worked permit in lincoln,ne about 18 monhths .when i started to come in usa on 7/10/09 until now.i dont do anything wrong here.

    Neelofer’s Answer

    Work Permit is only issued in connection with the I-485 (green card application). If you have filed I-485 concurrently with your I-360, then you can look into filing for the employment authorization. In fact the application for work authorization should have been filed together with I-485 (if you have already filed I-485 concurrently). If you have not filed the green card application, the application for work authorization cannot be filed independently.

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  • How to correct errors on a form pending with USCIS?

    I just filed I-539 to change H-1B to B-2. I received the receipt from USCIS already. However, I just found out that I made one error on the form I-539. I put the extended status until 2010, not 2011. My question is: How can I correct the error...

    Neelofer’s Answer

    I will suggest that you immediately send out a letter to USCIS addressing the corrections and include the corrected page of the form with your letter. Do include a copy of the receipt notice and also mention the case/receipt number in the subject line. Also even if you send out the letter, USCIS "may" ask for clarification in an RFE (Request for Additional Evidence).

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  • Hi there, I am in the US and have an L2 visa expiring on Jan 19, 2011. My husband already got his green card and applied

    a petition for me. We got the I-130 approval note 1-797 which was sent to NVC Portsmith, NH. We have since paid and received confirmation form I-864 EZ and DS 230. Can I stay in the US while they continue to process my visa. I appreciate your help!

    Neelofer’s Answer

    While you have not provided all the details but I am assuming that your husband received his Green card based on the I-140 application filed by the same Company through which he held his L-1. If that is correct, then your husband should have filed your green card application together with his. In fact you still have time to file your adjustment of status as derivative of your husband (based on his approved I-140). Please note, the accuracy of this answer depends on how your husband got his green card.
    In case his green card was based on some other family petition which did not offer derivative benefits, then you may have to go through the NVC and having the I-130 filed by your husband was the right thing. In this case if you stay in the U.S beyond the expiration of your status,you will be accumulating unlawful presence. As such you should either change your status into some other non immigrant category (if possible) otherwise leaving United States will be the appropriate thing to do. Please note that you may have to stay outside United States until your priority date becomes current.
    Since your question did not mention some necessary and relevant information needed to give a definitive answer, I will advise you to contact an Attorney to discuss your situation.

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  • How long would it take me before I get my EAD number?

    I fall on EB2 category and the receipt number of my I485 is 12/13/2010. I had my biometrics taken today (1/10/11) by USCIS. How long would it take before I get my EAD number as well as my Green Card?

    Neelofer’s Answer

    I am not quite sure what do you mean by "EAD" number. If you are referring to the EAD receipt/case number, you should have already received it along with the receipt notice of your I-485 (assuming that you filed your application for employment authorization together with the I-485 'green card application"). If by EAD number you meant EAD card, then you may want to calculate when it will be 90 days since the receipt of your EAD application. The biometrics are done during this 90 day period, which you have mentioned to have done. USCIS assures to adjudicate the EAD application in 90 days from the day of filing. Once approved the actual employment authorization card follows within a couple of weeks. IF it is over 90 days and you still have not received the decision of your EAD application, you must call USCIS and let them know that the processing of your your EAD application is delayed. According to our experience after the call is made to USCIS, the decision is made within a couple of weeks. Nevertheless, it is important that you do not call USCIS unless 90 days time period has actually passed. Hope this helps.

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  • Can I NOW get married? We waited almost 3 years, now I'm told by my Senator's office she must leave the country and come back.

    Fiance is from Venezuela, was married to a political activist against chavez..she was harmed, ran off the road, etc. They fled the country, had 2 kids in USA, divorced after abuse, cheating. I met her I am a natural US citizen, we dated a year, e...

    Neelofer’s Answer

    Based on the facts, if your fiancee' has already gotten divorce, you should get married to her immediately. Since she is currently in proceedings, you will need to file an I-130. Once the I-130 gets approved you can file a Motion before the Immigration Judge to terminate the proceedings based on approved I-130 and request that she be allowed to adjust status before the CIS. I will be able to explain more if I know what the current status of the case is i.e. if she is before Immigration Court, or still waiting for the NTA to be filed, or if a final order has been entered by the immigration court etc. In addition I would like to have more details/dates to see if at all there is any thing which may prohibit/affect the above suggested course of action.

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