Philip C. Curtis’s Answers

Philip C. Curtis

Jackson Immigration Attorney.

Contributor Level 10
  1. What support documents are needed to file an I-751 immigration petition

    Answered about 6 years ago.

    1. Philip C. Curtis
    2. Rebecca T White
    2 lawyer answers

    Read the instructions on the form first. This provides some general guidance. There are some specific documents that you are required to provide and then they also ask for "evidence" to establish that the marriage is a bona fide marriage. I generally include copies of joint bank statements, mortgages or leases showing both parties names, insurance policies or similar documents showing the spouse as beneficiary, birth certificates of children born to the marriage, and affidavits from people...

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  2. Green card holder married to a U.S. citizen for 18 months, how will a divorce affect my status

    Answered about 6 years ago.

    1. Rebecca T White
    2. Philip C. Curtis
    3. Philip Alan Eichorn
    4. David Dene Murray
    5. Danielle L C Beach
    5 lawyer answers

    Good question. Assuming that you application for the green card was based on your marriage to your U.S. your initial green card, if approved, will be conditional. Under the Marriage Fraud Act, all green cards issued based on marriage to a U.S. citizen are conditional for two years. Prior to the expiration of your conditional green card (assuming it is granted) you would have to file a petition to remove the conditions on your residency. With a few exceptions this petition must be filed...

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  3. N-400 / Naturalization: Declaring all foreign trips abroad

    Answered about 6 years ago.

    1. Philip Alan Eichorn
    2. Karol Dezwager Brown
    3. Philip C. Curtis
    3 lawyer answers

    Both the previous answers are good. In my experience it is most difficult for people to remember the exact dates of their trips. Obviously it is best to provide the most complete and accurate data that you can, but I think in most cases if you accurately list the countries you visited, the approximate dates, and the lengths of time you were outside the U.S. this is sufficient. I believe the principle purpose of this section is to determine if you meet the residency requirements for...

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  4. Wife entered U.S. illegally 8 years ago, what is the process of making her legal

    Answered almost 6 years ago.

    1. Evan Matthew Oshan
    2. Philip C. Curtis
    3. David Dene Murray
    3 lawyer answers

    These are very tough cases under current immigration law. If your spouse enter the country illegally then she cannot obtain lawful permanent residence without leaving the U.S. This creates a problem because if she has remain in the country illegally for more than 6 months she will be barred from obtaining a visa for 3 years (10 years if she stayed illegally for more than 1 year.) In cases like these you have two options: 1. She can leave the country and you can apply for an immigrant...

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  5. Can I apply for citizenship if I had 3rd degree misdemeanor conviction

    Answered about 6 years ago.

    1. Philip C. Curtis
    1 lawyer answer

    You certainly can apply and this isn't the type of offense that would typically be an issue in a naturalization petition. You must show that you have good moral character and I don't think this is the type of crime that would call that into serious question. You will be required to provide a certified copy of the court transcript related to the conviction. I have represented clients with criminal convictions that are far worse than this and they have been successful. Hope this helps.

    2 lawyers agreed with this answer

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  6. Changing jobs after getting my I 140 petition approved

    Answered about 6 years ago.

    1. Philip C. Curtis
    1 lawyer answer

    Generally speaking, if you have an approved I-140 and a pending I-485 you cannot switch employers or "port" unless the I-485 has been pending for 180 days or more. If the I-485 has been pending for more than 185 days then you can change employers if the job is the same or similar occupational classification as set forth in the I-140. IF you decide to change positions I would urge you to have a qualified immigration attorney assist you with this. It is not an overly complicated matter but you...

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  7. Green card holder permanent resident, what is the process of getting a work permit

    Answered almost 6 years ago.

    1. Philip C. Curtis
    1 lawyer answer

    I would be less concerned about the waiting time and more concerned about your current status. Even if your father filed an immigrant visa petition for you if you have been unlawfully present in the U.S. for 18 years the 10 year bar will apply to you. If the visa petition is approved you will have to go to your home country to apply for the visa and will be barred from returning for 10 years. In cases like these you will need to apply for a waiver of the bar. In any event, this is a...

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  8. Can a permanent U.S. resident travel outside the U.S., how long can a permanent U.S. resident stay outside of the U.S.

    Answered almost 6 years ago.

    1. Philip C. Curtis
    2. David Dene Murray
    2 lawyer answers

    Generally, speaking if you are a permanent resident you should not stay abroad for more than 1 year without first applying for advanced permission to return to the U.S. If you do not do this you run the risk that the immigration officials would find that you had abandoned your LPR status. I hope this helps.

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  9. Can a student on a H4 visa volunteer as a EMT or firefighter

    Answered about 6 years ago.

    1. Philip C. Curtis
    2. David Dene Murray
    2 lawyer answers

    There is no prohibition against volunteer work as long as it is true volunteer work and there is no compensation. Good luck with your EMT training.

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  10. Is it possible to change status after entering the U.S. illegally

    Answered about 6 years ago.

    1. Philip C. Curtis
    2. Thuong-Tri Nguyen
    2 lawyer answers

    These types of cases are very tough under current immigration law and that's why you haven't received much optimistic news. As the law stands now, if you entered the country illegally and stayed for more than 180 days you are barred from obtaining legal status for 3 years. If you stayed illegally for more than 1 year you are barred from obtaining legal status for 10 years. If you are married to a U.S. citizen you would be considered an immediate relative of a U.S. Citizen and therefore would...

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