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Barry Jason McWhirter

Barry McWhirter’s Answers

15 total


  • Can someone be removed from the country for overstaying his visa while his I 140 and I 485 is pending under section 245 i ?

    my employment based petition to adjust status under section 245 i is still pending,USCIS has already accepted 1000$ fine fee but recently served me with NTA charging me with visa overstay then later added additional charges trying to make me inadm...

    Barry’s Answer

    I agree that you can only adjust status under the I-140 if your priority date is current and the employer is still your sponsor. If your priority date is current and the employer is willing to sponsor you, then, yes, you will be able to adjust status and should not be removed from teh country. If the priority date on the I-140 is not current or the employer is no longer willing to sponsor you, however, you still qualify for 245(i), therfore, you need to speak with an immigration attorney immediately to determine if there is another basis that you can use to adjust status. For example, if you are married to a United States Citizen, you can use the fact that you already qualify for 245(i) to adjust status through that marriage. If you do not have an immigration attorney representing you in your removal case, you really need to get one as soon as possible. You have way too much at stake here to try and represent yourself.

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  • Can you get a green card if you have been married a while without your spouse help

    how long can you be married before you apply for a green card without your spouse help. if they cant support you but you can support yourself can you get your green card if you are the main income in the house with children that are yours

    Barry’s Answer

    You can't "self-petition" unless you are the victim of domestic violence. Therefore, your spouse will have to file the petition for you. The income is not a problem, however. You are allowed to use your income as part of the affidavit of support, so the fact that you are the primary financial support for the family and your spouse doesn't qualify as the sponsor on the affidavit of support, does not create a problem for you.

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  • What can happen if you cause an accident?

    If you cause an accident by possibly running a red light, but everyone is fine, what can happen? What if one slightly hurt their neck, and so to be on the safe side they went to the hospital, but are actually okay? All possible consequences, when ...

    Barry’s Answer

    If you are found to be at fault for the accident, then you are responsible for their medical expenses, property damage, lost wages, pain and suffering,etc. If you have insurance, then the insurance company will be responsible for hiring an attorney to defend you and paying the above up to policy limits. Make sure you comply with your insurance policy's notification requirements. If you don't the insurance company may claim that because of your failure to timely notify it you don't have coverage for the accident.

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  • Convicted of petty theft 4 yr back. I was fined ($150) with no jail.Completed probation.Expungement done. can i get citinzenship

    One of my friend put some stuff in my bag in a store. I was convicted and fined of $150 with 3 year probation. I told police but they didn't trusted me that I have not done it. I didn't hired an attorney at that moemnt. NOw I have finishedthe 3 ya...

    Barry’s Answer

    It sounds like it will be denied at this time, but you should be able to get it later provided that you do not have any additional criminal convictions in your background. One of the requirements to obtain citizenship is that you establish 5 years of good moral character for the 5 years immediately proceeding the filing of your application for citizenship. USCIS takes the position that if you have been convicted of ANY crime during that 5 year period, then you can't establish good moral character. If USCIS denies your application, wait until after the 5 years from the date of the incident has passed and you should be able to get it then.

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  • How long does it take to get a notice that i-589 form was received by USCIS cnter?

    Hello! My friend sent asylum i-589 form with all papers, copies and photo required. She lives in NYC and sent it to Vermont USCIS center. Now 3 weeks passed already and she didn't get any notcie or response that her application was received. How l...

    Barry’s Answer

    It is usually 3 to 4 weeks. You should be getting it any day now. If you don't, just give them a call.

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  • My fiance has been in the states since 3. He got in trouble at 17? Was deported. He was caught trying to come back.

    Bought him back from the borders of Mexico and booked him into Dallas county jail. He has been in federal prison for 6 years and due to be deported on October. I was told by sever immigration lawyers that its going to be a up hill battle but he ca...

    Barry’s Answer

    Yes, that is a pretty common situation. You can still get married and file for him, but it is going to be a lengthy and complex process to get him legal and they may deny the case in the end. I wish you the best of luck.

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  • When i apply for azylum in the states ,do they inform my contry ?

    when i apply for azylum in the states ,do they inform my contry

    Barry’s Answer

    No. It is strictly confidential and it will not be disclosed to your country.

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  • Is there any hopes for illegal immigrants in 2011

    i am us citizens illegal wife n and applied for i-130 please let me know if there is any hope that illegal will have path to be legal in short time,i mean otherwise i will have to send NVC the processing fees.if there is any hope then i will wait....

    Barry’s Answer

    Has anybody looked into your situation to see if you can adjust status here in the United States? It is not uncommon for someone who is in the country illegally to be able to adjust status in the U.S. For example, if you came in by use of a tourist visa and simply overstayed, you can still adjust status in the U.S. even though you are here illegally. Another example is an illegal alien that qualifies for 245(i). You may qualify for 245(i) if someone filed a petition for you or your parents before April 30, 2001. If you are not able to adjust status in the U.S., then the only option is consular processing. That can be a very risky procedure because when you leave the U.S. to go the interview, you will trigger the unlawul presence bar. There is a waiver for the unlawful presence bar, but it is a complex and difficutly process, therefore, you should not attempt it without the assistance of a qualified immigration attorney. Otherwise, you run the very real risk of being prohibited from returning to the U.S. for 10 years because you triggered the unlawful presence bar.

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  • Will omission of arrest due to a lawyer mistake deny my citizenship ?

    im LPR for 5 years applying n400,during my gc application 5 years ago my lawyer file my papers and i just signed never read them ,he didn't mention that i got arrested for subway violation,i wasn't ask at the interview either,i got my 10 year gc i...

    Barry’s Answer

    You should be okay as long as you disclose the arrest on the N-400 and at the interview. If they ask you about the discrepancy between the N-400 and the admustment application, just explain what you just did - that you relied on your lawyer and did not scrutinize the application as thoroughly as you should have. USCIS will probably accept that as an explanation for the first omission, but don't make the same mistake again. Remember, whether you use a lawyer or not, when you sign the N-400, you are certifying, under penalty of perjury, that everything contained in the application is true and correct. That means that you, not the lawyer, are swearing that everything in the applciation is true. As long as you are truthful on this application and, if asked about the discrepancy, give the explaination that you describe above, you should be fine and should not have any problems acquiring your citizenship.

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  • What will happen if my father's citizenship interview failed?

    My father got his green card as a political asylum in the US. After getting the green card, he returned to his original country due to family issue for 11 times (taking care of my grandparents since they are sick). So in his citizenship interview ...

    Barry’s Answer

    Unfortunately for your father, travel to the country of claimed persecution may result in the loss of asylee or lawful permanent resident status. Asylum may be terminted based on a fundamental change in circumstances, fraud, lack of a genuine fear of persecution, or because the asylee or LPR voluntarily availed himself or herself of the home country's protection. There is a very real chance that because of the multiple visits to his original country, USCIS may believe that the above grounds for termination may exist and may place him in removal proceedings. Your father should definitely contact an immigration lawyer for assistance.

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