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C. C. Abbott

C. Abbott’s Answers

8,087 total


  • Can I apply for H-1 or J-1 Visa while holding pending asylum case?

    I have pending asylum case, my individual court is scheduled for 2020 year. My employer would like to sponsor me with H-1 or J-1 Visa if it is applicable in my situation. I have my work authorization but I am required to do business trips outside ...

    C.’s Answer

    I agree that the H and J visas require the applicant to have nonimmigrant intent and be admissible to the US. My guess is that you have not maintained immigration status and this is why the asylum case was sent to the Immigration Court.

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  • Can I submit an I-130 at the same time as the I-485?

    I've heard the I-130 must be submitted first, and only after USCIS sends a notice, you can submit an I-485, but I have also heard otherwise. I'm married to a US citizen. Thanks

    C.’s Answer

    The issue of what is done depends on your entry and whether an immediate immigrant visa is available to you under immigration law. If you qualify for an immediate visa (ie you entered with inspection) then you file the I130 and I485 "concurrently" and the theory is the I130 is looked at and approved and then the I485 is done based on an immediate immigrant visa being available. Good question.

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  • Does my 2 year old son need a medical examination and form I-693 for his Green Card?

    I am a US citizen, my son was born abroad, and is now in the USA with an ESTA. I am looking through the things we'll need to get his green card, and came across this medical examination form. Do minors need to file that along with I-485 and I-130?

    C.’s Answer

    He will need an exam if you are filing for his adjustment. USCIS doctors complete what they call pediatric version of the exam often at a reduced rate. I also agree with one of my colleagues that you should check to see if the child is a US Citizen based on a parent.

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  • Filing for asylum but don't want to put home address

    I live with family and if they found out I applied for asylum I would be in trouble. What can I do to fill in the 589 but not give my address and have things mailed to me by immigration. If i hire an attorney can I have all the mailing go to the...

    C.’s Answer

    You can meet with an Attorney who then can file a G-28 with the address for all receipts etc being the attorney's office.

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  • If i am applying right now for a political asylum what can i get according to the new regulation of immigration ?

    what if i get married during this period ? what about the work ?

    C.’s Answer

    The asylum application does not prevent you from applying for other available immigration benefits. It takes a long time from application to determination and if you go out of status during the wait time then a denial of the application will result in a NTA to an immigration judge.

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  • Can i show my tax return support documents for my parents but my wife and son are dependent on me???

    I make 24000 a year and my wife and son are dependent on me in that case can i support my parents for their affidavit of support???

    C.’s Answer

    You need to do the calculations under the Poverty Guidelines page and count the numbers on the page of the affidavit to see if you can qualify on your own or will need a joint sponsor.

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  • How to respond to the question "has someone filed an immigrant visa petition on your behalf"

    My brother is applying for a tourist visa to come and spend a month with us over the holidays. I did file an I-130 for him in 2012. So, we are wondering how he should respond to the question regarding whether someone has filed an immigrant visa pe...

    C.’s Answer

    You will need to state yes if you were listed as the beneficiary of the I-130. You showed intent to immigrate previously so the threshold to secure the tourist will be higher. It will not be impossible to secure the B1/2 but the evidence needed to show nonimmigrant intent will be high. Good luck.

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  • Is it right to go the immigration office asking where your case status is?

    because I am wondering how long its going to take to get scheduled for the interview

    C.’s Answer

    The time line for an asylum interview with the Miami office is based on the country of claim, the places the applicant lived, etc... I would use the phone, as my colleagues correctly states, to get an update if your application has recently been filed.

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  • Change of address for political asylum case.

    Hello, I am a derivative for my wife's asylum case. Finally, I graduated my college and I am about to move with my wife. Do I have to notify USCIS about the change of my address since I have put different address when I applied as a derivative...

    C.’s Answer

    The primary applicant controls the address. It is only when and if she moves does an address change need to be filed with USCIS.

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  • Is there any chance to have the citizenship interview in a US embassy in Europe?

    I have my citizenship interview scheduled in 3 weeks. For professional reasons the entire family move to Europe last june, and I have a little baby who must fly with me since I'm breastfeeding to go to the interview. I wonder if is there any possi...

    C.’s Answer

    • Selected as best answer

    It is possible to request and have the USCIS officer secure the oath to be done on the same day or within a few days when asked if a good reason is provided. I have seen it work in most of the USCIS offices in Florida.

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