Philip C. Curtis’s Answers

Philip C. Curtis

Jackson Immigration Attorney.

Contributor Level 10
  1. I-94 about to expire.

    Answered about 6 years ago.

    1. Rebecca T White
    2. Craig Edward Kennedy
    3. Philip C. Curtis
    3 lawyer answers

    What is the expiration date on your I-20? Is it the same as your I-94? The visa expiration is not an issue, but if you need to stay longer than the date on your I-94 you will need to apply for an extension as you will be officially out-of-status as of the expiration of your I-94. You will have to file form I-539 if a extension of your status is required.

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  2. If my husband leaves

    Answered over 5 years ago.

    1. Philip C. Curtis
    1 lawyer 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...

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  3. Obtaining a visitor or fiance visa petition

    Answered about 6 years ago.

    1. Philip C. Curtis
    1 lawyer answer

    Well, there are a few prospective problems here. First, your fiance many have some trouble obtaining a visitor visa since he has a fiance visa petition pending. The other issue is that if he enters the country on a tourist visa with the intent to stay it could be considered a fraudulent entry which can also be problematic. In this case a subsequent marriage after an entry on a visitor visa would be especially suspect since the K1 petition is pending. This isn't something you ought to risk...

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  4. Immigration sponsorship, can a non family member sponsor an alien into the U.S., procedure for obtaining a student visa

    Answered about 6 years ago.

    1. Stuart Jonas Reich
    2. Philip C. Curtis
    2 lawyer answers

    Good question. If she just wants to come to the U.S. to study she does not need a U.S. Citizen or resident sponsor. She would need to apply for an F-1 student visa. Most U.S. universities have international student offices that can assist her with this process. You could help her by assisting her find these resources. If she is interested in coming to the U.S. for a non-university education (i.e. vocational school or secondary school) there are also options available for her. In either...

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  5. F1 visa and I-20 end dates different

    Answered about 6 years ago.

    1. Philip C. Curtis
    1 lawyer answer

    That's basically correct. It is not uncommon for F1 students to have expired visas and still be in the U.S. in their program of study. Your I-94 which is the document that determines how long you can stay in the U.S. should be marked "D/S" which means duration of status. This means that your status in the U.S. is legal as long as you remain in the specified program of study. However, if your F1 visa expires it means that you will have to go to the U.S. embassy abroad if you leave the...

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  6. Getting a visa to the US for a French business owner

    Answered about 6 years ago.

    1. Bradley Mark Maged
    2. Philip C. Curtis
    3. John M. Kaman
    3 lawyer answers

    You may qualify for an E1/E2 visa which is available to French nationals. I don't know much about your case so I can't say which of these (if either) may work for you. An E1 visa is a non-immigrant visa available to certain foreign nationals who make a substantial investment in the U.S. (typically no less than $50,000) E2 is for executives and key employees of foreign firms who have substantial trade with U.S. Whether you may qualify for either of these visas requires careful consideration...

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  7. Expired M1 Visa; Current I-94; Canadian Visit

    Answered about 6 years ago.

    1. Craig Edward Kennedy
    2. Philip C. Curtis
    3. John M. Kaman
    3 lawyer answers

    No. You always need a valid entry document (visa) to return to the U.S. You will not be able to reenter the U.S. on an unexpired I-94 without a valid visa. If you apply for and receive an extension of your M1 you can travel, but you will have to apply for new M1 visa at U.S. embassy abroad.

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  8. B1B2 to F1

    Answered about 6 years ago.

    1. Philip C. Curtis
    2. Stuart Jonas Reich
    2 lawyer answers

    Hi, assuming the program you mention meets the criteria for the F1 visa you should be able to change your status to F1. (*A counselor at Kaplan should be able to determine whether their program and your course would qualify.) You would have to file a I-129 petition and request a change of status to F1. If your petition were denied it should not effect the validity of your current status.

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  9. Denied entry and naturalization

    Answered about 6 years ago.

    1. Philip C. Curtis
    2. Stuart Jonas Reich
    2 lawyer answers

    I guess I am not clear why you were entering the country with a B1/B2 visa if you had a green card. If you have been denied entry to the U.S. I think you first need to be concerned about the status of your residency before you jump ahead to citizenship. Please provide some more information if possible.

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  10. DUI conviction for alien resident, would marriage to a U.S. citizen allow alien to stay in the U.S.

    Answered about 6 years ago.

    1. Philip C. Curtis
    2. David Dene Murray
    3. Leon Ben Hazany
    3 lawyer answers

    You will need to provide some more information in order to get any valuable input on this case. It is not clear from your question what the immigration status of your partner is. I would assume that he entered the country illegally or was otherwise out-of-status since he was sent to an immigration jail. Knowing his current immigration status is critical to determining what remedies, if any, might be available. It is also important to know whether you are a U.S. Citizen. Feel free to email...

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