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Andrew Marino Bramante

Andrew Bramante’s Answers

1,137 total


  • I-485

    How long can you wait for a pending green card after interview before you make a case inquiry or info pass

    Andrew’s Answer

    Technically, you can schedule an InfoPass anytime you want. The better question is when should you. It would be a waste of time to do so within a few days. If you wait 30 days, I think the officer at the window would be motivated to help you find out what is delaying things.

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  • Indian Embassy does not want to give back my Original expired passport. What can I do?

    Hello. I applied for renewal of my expired Indian passport in 2012 at the NY Consulate. It Is 2025 now and every time I go there, I always get the "it's in processing" talk. I even filed for them to cancel my renewal and to return my original ...

    Andrew’s Answer

    Unfortunately, the Indian embassy in New York is notorious for being very difficult. This is not an issue of U.S. immigration law, so this AVVO site may not be the best venue to get your question asked. My clients have generally been successful when they have proven to the Indian embassy that they have lawful status or lawful status pending in the U.S. If you have already done that, I cannot offer further help.

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  • Do I need an immigration lawyer?

    My wife petionned me to get my green card. We already went to the interview with USCIS back on January 2015. According to the USCIS we did not demonstrate enough evidence that our marriage is ligit. A couple of months later, ice agents came to my ...

    Andrew’s Answer

    Yes, you need an attorney. Assuming your marriage is legitimate, you have two options: appeal or refile the I-130 Petition. Either way, an experienced immigration attorney can help you develop sufficient evidence that your marriage is bona fide. Many of the good Ohio lawyers on this site could help you.

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  • What is the best way to solve my problem

    Does solicitation prostitution affect citizenship apply?

    Andrew’s Answer

    Yes. If you are convicted it does. There is a little known BIA case that minimizes the consequences. You should not be using AVVO for this. You need to speak directly to a good immigration attorney who is expert on the impact of criminal offenses on immigration benefit eligibility.

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  • Please help me understand when my unlawful presence starts ? How long is my ban ?

    Came in Aug 2006 on F1. Finished school Dec 2011. Fell out of status April 2012 after graduating and being unable to return home (financial reasons). Wed to USC Spouse in Sept 2012. AOS denied Oct 2014. Am i facing a 3 or 10 year ban ? Can it be f...

    Andrew’s Answer

    It is possible that your ULP has not yet started. To be sure, you may need to talk to a good immigration lawyer. You say you fell out of status April 2012. Did you ever receive a notice from the USCIS telling you specifically that you were out of status. If so, an immigration attorney should examine that document. What does your October 2014 denial say. Again, an immigration attorney should examine it.

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  • USCIS I-751 Status : New Card Is Being Produced

    My I-751 status shows the message few mins back " New Card Is Being Produced". What does it means..?

    Andrew’s Answer

    Congratulations. It means your i-751 is approved and the conditions of your permanent residence are being lifted. They are producing your new green card.

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  • RFE response in premium processing while original H1B was in regular processing.

    My wife's H1B application got RFE. Her employer said they will response RFE in premium processing though her original H1B application was through regular processing. Is there a risk of denial if response of RFE is made in premium whereas original ...

    Andrew’s Answer

    • Selected as best answer

    I agree with my colleagues. Merely paying a premium for quicker processing should not jeopardize the application.

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  • Immigration consequence for expunged disorderly conduct

    I was initially charged with shoplifting but charges were reduced to disorderly conduct and plead guilty for disorderly conduct. The case has been expunged and I have come to my home country. I would be going for dependent H4 visa stamping ... Wil...

    Andrew’s Answer

    First, you must disclose on the DS-160 form that you have been arrested and convicted of a crime. Second, you should bring with you to the interview your copy of the conviction record (before it was expunged). The consular officer who interviews you will almost certainly ask for a certified copy or at least a copy. Third, you should be prepared to honestly say why you were arrested. Shoplifting is a "crime involving moral turpitude". The fact that you were convicted only of disorderly conduct puts you in a grey area. I typically recommend that my clients carry with them a "pocket letter", a letter from a U.S. immigration attorney to the consular officer explaining why the conviction does not make the person inadmissible. Assuming you were sentenced to less than 6 months in jail, you are NOT inadmissible, but you should have documentation to show this was the case. At a minimum, you need a copy of your conviction records. If you do not have them, you will need to hire a lawyer to file a motion to unseal your criminal case and get a certified copy of your records.

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  • Will my foreign spouse be allowed to come to the U.S., if we are first cousins?

    We are getting married in a country that allows cousin marriage (she is my first cousin). However, I reside in Ohio, and I know Ohio doesn't allow first cousin marriages. Will this be overlooked since it was lawful in the country the marriage took...

    Andrew’s Answer

    Typically, U.S. immigration law recognizes and honors the marriage laws of other countries. The fact of being first cousins should not impact her immigration, but her age might. You should speak to an immigration attorney directly to explore any risks this might create. You may also want to talk to a family law attorney in Ohio to learn if you will have problems under Ohio domestic relations laws.

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  • I am a US Citizen. Can I sponsor my (soon to be) step-son even if he entered illegally?

    My fiancee is from Mexico. She has a legal entry and her son, a US citizen, is sponsoring her. However, she has another 16 year old son who entered without inspection, and I think might even be detained once then let go. I heard that minor's are n...

    Andrew’s Answer

    I agree with my colleagues. You should definitely work with an immigration attorney. Your step son must return to Mexico before he turns 18 years and 180 days.

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