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Philip C. Curtis

Philip Curtis’s Answers

47 total


  • Need immigrant lawyer advise about to apply for social security on visit visa

    i am in USA from last 65 days o visit visa. my wife had applied immigrant petition for me. it is in process.i do have valid visa with valid visa, legally entered in USA with legal i94. i have intentions to apply for social security and get den...

    Philip’s Answer

    I'm not sure if you have some reason for wanting a "denial or refusal letter" from the SSA but unless you have some legitimate need for such a thing (which I can't imagine) I wouldn't bother applying. You would only qualify for a SSN as a visitor if you have a valid non-employment related need for one. For example, if there is a federal statute or regulation that requires you to have a SSN in order to receive a federally funded benefit. This is a narrow exception to the rule set forth in the SSA regulations. Below is a link to an article I wrote about this.

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  • Does my fiance have to sign the G325A form? Per the USCIS.GOV the g325a does not have to be signed when submitting your I129f.

    http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/i129f_g325a_110105.pdf

    Philip’s Answer

    The USCIS instructions on Form I-129F state: "Submit two completed and signed forms G-325A; one for you and one for your beneficiary. Except for name and signature, you do not have to repeat the information given on your I-129F." Also, Form G-325A is no longer submitted in quadruplicate--you and your fiancé only have to sign and submit 1 copy but it must be an original signature. I recommend that you always read the form instructions as they often answer many common questions.

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  • If my husband leaves

    if my husband leaves to mexico but has been here illegaly and i file an i130 for him, will this benefit us?? or how will this affct us? he is planning to stay there as long as the process takes, but he wants to leave before i file the application...

    Philip’s Answer

    If he leaves he will not be able to return for 3 or 10 years depending on how long he stayed in the country. You can file an I-130 for him after he leaves the country but you will also have to apply for a waiver of the 3/10 year bar. These are complicated cases so you should retain an immigration attorney. In any case, he will never become legal in this country unless you do this or the law changes. You might want to wait and see if there are any changes in the law in the next 6 months with the new President before you make a decision.

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  • My friend needs help getting her green card, she's 32 years in USA, married to an american, with 6 american born children.

    A dear friend of mine married to an american citizen who because of control and abuse issues would never file for her green card. Recently he put her out on the street with two of their children leaving her with no where to go and is now living wi...

    Philip’s Answer

    There is a law called the Violence Against Women Act (VAWA0 that allows victims of domestic abuse to self-petition for a green card. She may qualify for a green card under this provision of law. These are complicated cases so you will need to seek the counsel of an immigration attorney. Best of luck.

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  • How long would it take for my husband to get a green card.

    hi, i married a guy from guatemala two years ago. he came illegally in 2000. how long would it take for him to get a green card. im a us citizen. How would this process be?

    Philip’s Answer

    The real problem here is not how long it will take but how to deal with the problems created by your husband's illegal entry to the U.S. Under U.S. law anyone who enters illegally and stays more than 180 or 360 days is barred from returning for 3 or 10 years respectively. You can file an immigrant visa petition for him but he will have to return to Guatemala and apply for the visa there. Because the bar applies on reentry he will also have to apply for a waiver of the bar. These are difficult and complicated so I would suggest you seek the counsel of a qualified immigration attorney.

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  • Family Members for immigration?

    I was wondering what kind of forms do i need to add family members in the immigration? By the way, my mom's 3 brother got their immigration call but the problem is that my uncle did not add the wife or the kids in the immigration. I would appreic...

    Philip’s Answer

    It depends on the age of the children. If they are young enough they can apply as dependents of the principle immigrant. The same is true of the spouse. Usually this is included on the immigration form at the time of filing. You may need to file an amended application depending on the situation. This is not a simple problem so I would suggest you contact an immigration attorney.

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  • Father arrested and facing deportation procedure to contest charges and deportation

    MY FATHER WAS TAKEN TO CUSTODY BY METRO DRUG TASK FORCE THEY WERE LOOKING FOR SOMEONE AND MY DAD SEEN THEM AND HE RAN AND GOT CAUGHT HE HAS NO CURRENT CHARGES OTHER THEN ICE HOLD HE IS IN YAKIMA WA RIGHT NOW HE WAS ON A 10 YR DEPORTATION AND WAS N...

    Philip’s Answer

    Unfortunately, there is probably not much that can be done for him. If he was already removed and subject to a 10 year bar than being caught in the U.S. again will not be easy to deal with. I would suggest contacting an immigration attorney in your area who specializes in deportation and removal. There might be something they can do to minimize the impact of this. Best of luck.

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

    I am 25 years old and have been living in the us for the past 18 years. My dad applied for a green card for me in april of 2001 he was a permanent resident know a citizen. I am recently a single mom with a 1 1/2 year old son to support. How lo...

    Philip’s 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 complicated case and you should seek legal counsel. Best of luck.

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  • Misdemeanor for lewd conduct 16 years ago seeking an I-601 waiver of inadmissibility

    Because, I'm single man with no kids only a mother sister in nephew who are here legally and depend on my financial and emotional support my chances I 'm being told are thing. What can I do ?

    Philip’s Answer

    It will be difficult for anyone to advise you at this point since the petition is already pending. If you do not have an immigration attorney assisting you with the waiver I would recommend that you find one immediately. There may not be much anyone can do to help after the fact. Best of luck.

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  • Conditions of Maintaining Green Card Status?

    I recently got married to an Irish woman, who is legally here on an F-1 visa. We are currently completing her application for a marriage visa and are concerned about a continuous residency requirement. There is a possibility that we will move to I...

    Philip’s Answer

    This is good that you are thinking about this. Some people are very surprised when they return to the U.S. and find out they have lost their residency. There are two major issues you need to consider there. The first is establishment of residency. If you move immediately after your are married it may be difficult to show that your wife ever established her U.S. residency and she could loose it that way. The other issue you have identified deals with abandonment of residency. If a U.S. resident is gone for more than 1 year they can be found to have abandoned their residency. However, this can be dealt with by filing for advance permission to return to the U.S. In any case, I would recommend that you firm up your plan and then discuss it with an immigration attorney so he or she can help you make the appropriate arrangements for maintaining your future wife's status. Best of luck.

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