Juan Paolo Pasia Sarmiento's Answers

Can you fight an immigrant trying to get "conditions" removed from green card status even though there is possible fraud?

CIS will weigh whatever evidence he submits of your bona fide relationship post green card issuance. You may submit documents to counter that or if he is not able to show any, he would have a weak case anyway.

Selected as best answer

When applying for a k-1 visa should my fiance put on the application any other names he has used but dont have proof for?

Yes. Those "other names" are used for name checks. You don't need to have proof of them. So maiden names, names obtained from previous marriages etc... should be disclosed.

1 lawyer agreed with this answer

1 person marked this answer as helpful

Can international student marry with us citizen and stay here at the same time?

Yes. She entered legally and if the marriage is good, she does not have to go to Vietnam. We file Forms I-130, I-485 and all other supporting documents and she can get her green card usually in about 4 months. JP Sarmiento Sarmiento Immigration Law Firm Crown Centre 5005 Rockside Road, Ste. 600 Cleveland Ohio 44131 (toll-free) 1.800.496.8043 (local) 1.216.573.3712 (cel) 1.646.286.5309 email: sarmientoimmigration@gmail.com blog: www.sarmientoimmigration.typepad.com

3 people marked this answer as helpful

Can I apply for my citizenship?

You meet the "at least 2.5 out of the past 5 years" requirement however you had trips abroad that was over a year. Past 5 Years (May 2007 - May 2012): In the U.S.: 1. May 2007 to September 2008 (16 months) 2. January 2009 to February 2009 (1 month) 3. February 2010 (3 weeks) 4. February 2011 to May 2012 (15 months) Total is about 33 months so you meet the 30 out of the last 60 months requirement for naturalization applications. However, your February 2009 to February 2010...

Selected as best answer

Is adjustment of status possible?

Unless you find a way to extend your status here, you would have to go back to get an immigrant visa based on your father's petition. Since you're on a F, take note unlawful presence does not start until DHS finds out about your status. You're valid now though until 2010, so a lot of things can happen for you (H-1B, LC etc.) but based on your question specifically about your dad's petition, you may have to go back for the immigrant visa interview when and a little after priority dates become...

2 people marked this answer as helpful

Can I return to my home country??

Shouldn't be a problem since you guys are citizens already. You can leave and come back here assuming you already got your US passports. JP Sarmiento, Esq. Founder and Attorney Sarmiento Immigration Law Firm www.sarmientoimmigration.com

Selected as best answer

Currently I'm green card holder and I 2 yrs ago I filed a petition for my 2 unmarried daughters

Kumusta po. Once you become a citizen, there won't a problem or conflict with your petition for your daughters, mag-iiba lang po ng category (hindi na Family Second Preference - B). As to your second question, the answer is yes, pwede niyo na pong i-petition yung anak niyo na married and over 21. You can only do that kasi kapag US Citizen kayo so kapag naturalized na kayo, you may petition for your son. Petitions typically get approved in less than 6 months. But it's not the petition pendency...

Selected as best answer

Immigration: Affidavit of support request for evidence...

I'm not sure why they sent you an RFE when the 2008 tax returns (which at that time was the most recent) were also sent. If the petitioner's / sponsor's 2009 taxes are available (may be too early to even have it), then send that. Make sure you've submitted Form 1040 for your taxes and that it's from the co-sponsor and / or petitioner, not the applicant.Be sure to also include the employment letter, W-2, and proof of citienship or permanent residency from the co-sponsor / petitioner, if not yet...

Selected as best answer

Multiple Visa About to expire

You can still get a visa renewal back home. It's hard for a single to apply for the first time but renewing is easier because one thing you have going for you is that here you are and you've never violated the terms of your status. As long as you still can show the usual standards of a B2 visa application (family ties back home, lack of intent to immigrate to the States, residency and employment back home, financials), and emphasize the fact that you never violated your status, you should be...

Selected as best answer

Applying for Citizenship

You can only petition after you become naturalized since you have to attach a copy of your naturalization certificate to the I-130 filing as one of its requirements. Even the I-130 form itself, on page one on the lower left, has a question on when you became a naturalized citizen, and without that you can't put anything there.

Selected as best answer