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C. C. Abbott

C. Abbott’s Answers

8,092 total


  • Are there gay marriages now recognized by the immigration authorities to grant legal status to aliens?

    After the US Supreme Court's ruling on behalf of the gay couples does the Homeland Security Department have to recognize any same-sex marriage between an alien and the US citizen as equal to a heterosexual marriage?

    C.’s Answer

    Yes all references to marriage in the Federal laws and regulations now includes the gay marriage. Good luck.

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  • I just married with a US citizen but am a unlegal immigrant from haiti.

    Am an illegal immigrants who went to middle school and high school in the US and who is currently under the haitian TPS for work permit. Can i file for resident without the risk of being removed from the U.S to wait for papers in haiti

    C.’s Answer

    If you live in Florida, it is important what status you entered when you last entered the US. Florida is under the Eleventh Circuit Federal Court and they have treated TPS differently then other regions of Florida.

    Sijesyon mwen an se kolekte tout enfòmasyon ou ak pran yon randevou ak yon avoka imigrasyon ki gen eksperyans ki te asiste Hiatians sitiyasyon an sekirite. Fè yon bon apremidi. Pwokirè Colin

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  • Can i travel out to another country after taking my finger prints before getting the green card?

    Dear sir/maam I've been in the states since more than a year So i applied for the green card then i get a biometric appointment and they take my finger prints So can i travel out of the states and receive it in another country or my friend co...

    C.’s Answer

    If you travel before the LPR status is granted you will loose the application and start over unless you secure advanced parole - refugee travel document. http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

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  • If my background check for my green card was clear, will it still be clear for naturalization? (immigration)

    (hypothetically) I was arrested for petty theft when I was 15 and got diversion, deferred adjudication and completed my probation. I was told my case "would not enter the justice system at that time". So, two years later I applied for a green card...

    C.’s Answer

    Hypothetically, if such happened, then it is likely that there is a greater investigation for the naturalization process and that the LPR could not only face denial of N400 application, but referral to immigration court for removal based on false statements in the I485 application and securing immigration benefits through false pretenses.

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  • May I know what are the requirements to change H2b to H 1 visa, I am currently an H2B worker

    Been an H2B for 3 yrs now and I wanted to change to H1 may know the requirements and how much is the lawyers fee ?

    C.’s Answer

    There are no special rules when going from H2b to H1 status. You will have to apply next year when the H1 application period opens like others who want to apply and show that you meet all the criteria for the H1. Also, you need to review the requirements for stay outside of the Us when the H2B visa time has been maximized.

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  • NVC says my marriage certificate was issued by wrong issuing authority.

    When I received my checklist from NVC they stated that my marriage document (legal marriage contract) is issued by the wrong issuing authority-although that is completely false and we went to the right government office, my husband was able to get...

    C.’s Answer

    The NVC and DOS have specific guidelines related to the type of document that is allowed related to relation between petitioner and beneficiary , to show derivative status, to show paternity, etc.... Many foreign nations offer different forms to show the same thing but not all are accepted by US Government agencies and departments.

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  • Can a u.s. Citizen parent petition for the same beneficiary twice?

    On the first instance, child successfully immigrated to the u.s. and lived as LPR. Then due to some circumstances, child decided to go back to original country then surrendered LPR status and filed I-407. now, child is living overseas, over 21 yea...

    C.’s Answer

    It is allowed as long as full proof of the first petition is provide and all relevant data is consistent. The beneficiary would likely have to explain the decision to surrender as part of the Consular processing.

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  • Can my mom re-enter before her 10 -year penalty is complete due to medical reasons?

    My mom is serving her 10 year penalty. My sister, her husband (my father), and I are Citizens. She is on year 7 of a 10 yer penalty, but has just been diagnosed with Stage 3 breast cancer. We would like to bring her back to be treated in the Unite...

    C.’s Answer

    A waiver may be possible but the test for securing such is very fact intensive and requires a strong collection of evidence.

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  • Can I Apply for social benefits such as a Medicaid with pending asylum case?

    hello. Me and my wife have a pending asylum case and still not received a EAD, but as I know everyone have to have an insurance. For now we can't pay for it because have no work. Thank you.

    C.’s Answer

    Once you receive asylum you will be able to get assistance. The Florida DOH has the specific rules stated on its website:
    Asylees

    If you are an asylee, your eligibility for refugee services begins on the date you were granted asylum. The information below details the services you may be eligible to receive.
    ________

    Health Services
    Upon being granted asylum, you are eligible for eight months of Medicaid or Refugee Medical Assistance (RMA). Medicaid and RMA are free insurance programs designed to assist you with any medical problems you may have. Your spouse and children are also eligible if they received asylum with you. If your family members receive asylum status after you are granted asylum, their eight months of eligibility begins when they arrive in the United States or the date their Form I-730 petition is approved if they are already in the United States. You must apply for Medicaid online in order to receive the service. It may take time for your application to be processed and to receive your Medicaid card.

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