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Christopher Michael Pogue

Christopher Pogue’s Answers

210 total


  • Green card based on marriage

    Iam married to US citizen since June, my husbands income wasn't enough to be my sponsor at that time. In September he got a very good job, now his income is enough to be my sponsor, he s about to do his taxes, So can he be my sponsor after he gets...

    Christopher’s Answer

    The answer is actually not clear cut. It depends on how much money he made in the most recent tax year as reported on his taxes. Likely he did not make enough if he has only had the job since September. Even though he makes enough now, USCIS may still not accept that he meets the income standard.

    With that said, you can always use a Joint Sponsor. A Joint Sponsor may be anyone, as long as they are a US citizen or Legal Permanent Resident. You can also use a combination of income and other assets, like 401(k), home equity, savings account, etc.

    As with any immigration case, you can certainly do things on your own. However you should consider that this is a lot like doing a complicated tax return on your own; mistakes can cost you a lot of money and potentially lead to jail. In immigration, mistakes may lead to civil and criminal penalties, including deportation. I strongly suggest talking with an immigration lawyer to assist you with your case, just like I would strongly suggest you hire a qualified accountant to help with a complicated tax issue. Most immigration lawyers will provide you with a free consultation so you can better understand the lawyer's value.

    Best regards,
    Christopher

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  • Are there any good immigration attorneys in Indianapolis, who also know criminal laws.

    I have been to 4 of them so far, and talked to 3 on phone. Sadly they had no idea about immigration other than simple filing of H1B, Green Card or citizenship, just routine paperwork. They did not had a single clue of what a conviction means in im...

    Christopher’s Answer

    The quick answer is that you will need to hire both a criminal lawyer and an immigration lawyer. In Ohio there are a number of good immigration lawyers that are also good with immigration. Most of our clients from Indian come to us with horror stories of the immigration lawyers they worked with there.

    You should find a good local criminal lawyer if you are facing criminal issues and then work with a good immigration lawyer that may be based anywhere in the US.

    Good luck.

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  • Will it be possible ?

    I came here as student on F-1 visa .. I didn't go to college bec I couldn't transfer between my college in California n the one in Ohio..I don't attend one day in California .. Now I'm here for 1.6 year stuck without college .. I have my gf n we d...

    Christopher’s Answer

    Yes, you may be able to file for a Green Card with your girlfriend if you marry. It will not matter that you never attended school.

    I strongly advise you to hire an immigration lawyer to help you. Otherwise you could end up in deportation if you try this on your own.

    Good Luck,
    Christopher

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  • Is it possible to adjust status on a tourist Visa to permanent residence,F1 or asylum without getting out of the country?

    I came to the US on a tourist visa - still valid. I''m planning to get married to my fiance soon. My worry is that is it possible to adjust status without being told to get out of the US first?

    Christopher’s Answer

    Yes, you are eligible to adjust. However USCIS may charge you with visa fraud if you are not careful in presenting your case to immigration authorities. The fraud would be misrepresenting your intent to stay in the US when you used a visitor visa, which requires non-immigrant intent. Such a charge can render someone inadmissible to the US forever without a waiver. With that said, a qualified AILA attorney will be able to help you through the process and ensure you do everything according to the law.

    Best regards,
    Christopher

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  • What defines an immediate relative for USA VISA immigration purposes?

    Married my spouse and her son became my stepson when he was 14yrs old. Would like to take them both to the USA when he is 17yrs old. Does the stepson qualify as an immediate relative for VISA purposes without adoption?

    Christopher’s Answer

    Yes, a step-child of a US citizen is considered an immediate relative for US immigration purposes. There is no need to adopt, and adopting could actually make an issue for immigration that you want to avoid. If you want to adopt, adopt after your step-children obtain their Green Cards.

    Petitions must be approved and immigration visas used prior to the step-child turning 21 years of age, so don't wait too long.

    Best regards,
    Christopher

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  • I am a gay male and trying to get my partner to come here. How do I go about getting him sponsorship?

    He is in the Philippines as of now and intends to come to the US

    Christopher’s Answer

    Congratulations on your engagement. For a referral to immigration lawyers with experience dealing with same sex couples, I strongly suggest getting a referral from Immigration Equality.

    Immigration Equality maintains a list of law firms around the country with direct experience dealing in same-sex marriages, and there is no cost at all in talking with them. http://immigrationequality.org

    Best regards,
    Christopher

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  • My fiance's i94 has expired. I am a citizen, can we still get married? and can he still stay?

    I would like to marry someone who's i94 has expired. Can we still marry and can he still stay or does he have to return to his country?

    Christopher’s Answer

    More information is needed to answer your questions, such as the visa type she is on as well as a number of other factors. However in most cases simply overstaying an I-94 date is not a bar to Adjustment of Status based upon marriage to a US citizen. With that said, this is not something you should handle on your own. There may be additional complications and it's always best to work with an immigration lawyer to ensure that the process to legalizing a spouses status is done correctly. This will save you time and money in the long run.

    Good luck, and congratulations on your marriage.

    Best regards,
    Christopher

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  • Will it do me more harm than good to try to apply for citizenship since i have a record?

    I have 3 retail theft misdemeanor 15 yr ago.

    Christopher’s Answer

    You may be removable (deportable) from the United States. Theft is a Crime Involving Moral Turpitude (CIMT).

    However there are ways to lesson the damage, but filing for Naturalization is not one of them. You should contact an immigration attorney to review your convictions and see if there is anything you can do to prevent deportation and make you eligible for US citizenship.

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  • My husband has been denied entry to the US and has been barred is there anything that can be done

    He said he was a US citizen

    Christopher’s Answer

    I am very sorry to hear about your situation. I suggest that you document everything as best you can, obtain all documents your husband was given (as well as any documents immigration has issued him in the past), and seek out a consultation with an immigration attorney. Unfortunately these issues can be very complex, however there are often waivers around most bars into the country. To know whether your husband qualifies for a waiver you will need to provide much more detail.

    Best regards,
    Christopher

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  • Can we change the L1B visa extension case to premium processing when status is RFE Response review?

    My employer has filed L1B visa extension petition. USCIS has issued RFE. My employer has responded to it on Sep 16 2013. The case status is still RFE response review. Can we convert the case to premium processing now on Oct 16 2013?

    Christopher’s Answer

    As long as a particular visa type is eligible for Premium Processing, the petitioner may upgrade to Premium Processing at any point prior to a decision.

    Best regards,
    Christopher

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