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Philip C. Curtis

Philip Curtis’s Answers

47 total

  • Obtaining a visitor or fiance visa petition

    My Fiance' is employed for a global company, He is from Nigeria, We have applied for our Fiance' VISA with all the supporting documentations and we are waiting for approval before the paperwork goes to the Consolute in Nigeria. He is due to get of...

    Philip’s 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 so I would suggest speaking with an attorney if there might be a change in plans. Best of luck.

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  • Interim EAD granted for asylum applicant under USCIS procedure what is the next step

    I got recommended asylum approval in May 2008 and filed for EAD in June 2008. Its more than 30days since I applied for my initial EAD. On the application form it says that if you don't receive your EAD within 30 days after filing for it, you can g...

    Philip’s Answer

    The local offices have changed a lot of policies that aren't always consistent with the USCIS instructions. It has alwasy been the case that you can apply for an interim EAD at the local office if your I-765 is not processed in a timely fashion. I would check the USCIS website for the policies of your local office. If your petition has only been pending since June I would wait a bit longer before taking any further action.

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  • Sponsored alien mother and child, what are my legal and financial obligations to the child

    I have a stepson living with us he is eighteen. I married his mother and they are from another country. I filed the correct imigration papers so they could live in the US. In those documents I am their sponsor according to immigration. Now The boy...

    Philip’s Answer

    There seem to be a combination of immigration and family law issues in this question. With respect to your sponsorship of the young man, if he receives any public assistance from the government you would be contractually obligated to reimburse them. If he doesn't want to leave the house you probably can't have him arrested. The proper procedure would be to have him evicted. Presumably there is a better solution to this and I would encourage you to work with the young man and his mother to find an amicable family solution.

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

    Can a non family member sponsor an immigrant in the United States. For instance, my son-in-laws sister wants to come to the US to go to school, and I would like to be able to help her do that.

    Philip’s Answer

    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 case, there is not anything you can do to help "sponsor" her but you can help by connecting her with the appropriate resources. The first step would be to identify the U.S. educational program she is interested in and then contact that institution about some assistance. If it is a secondary school you may not find anyone who can help at the school and may need some help from an immigration attorney. Hope this helps.

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  • Denied entry and naturalization

    I was denied entry with B/2 visa in 2003 because I was married to a US citizen, They wrote down 212a(7)(A)(i)(I) and a A# on my old passport. I got my conditional green card very fast when my husband came to my home country to apply for me. We no...

    Philip’s Answer

    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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  • Illegal immigrant husband is in custody and in deportation proceedings will getting married help

    My boyfriend and i have been living together for 2 and a half years we also have a 3 month old baby. He is now in custody and they want to deport him. Will it help to get married and how much do i have to pay?

    Philip’s Answer

    Your boyfriend is in a difficult situation. In most cases a marriage that takes place after deportation proceedings have been initiated will not be a defense. This is a very complex area of immigration law. I would recommend that you immediately retain counsel in your area that has experience with removal cases. Best of luck to you.

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  • Deporting Children of Legal Immigrants Who Cannot Pay to Have Children Become Legal

    If parents who are legal citizens in the US cannot afford to have their children become legal, will they deport the children back to Mexico. Both children were adopted from Mexico. They are 9 and 16.

    Philip’s Answer

    In order to really provide some general guidance it is important to know how the adopted children entered the country.

    That being said, any person who is not lawfully present in the U.S. is subject to removal. If the filing fees are the only issue there are waivers available for people who cannot afford the fees. Please provide some more information so we can help give you some more guidance.

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  • Timeline for getting greencards under the new immigration laws

    are their people getting their greencards in juarez in 3 to 6 months instead of having to wait 10 years?

    Philip’s Answer

    The processing time for greencards shouldn't have anything to do with Juarez. The processing time for immigrant visas depends on the preference category of the immigrant. Immigrants who are in a higher preference category will have their visas processed faster. I have included a link below to the current visa bulletin which provides current processing time information.

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  • 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.

    If i am a permanent US resident how long can I stay abroad?

    Philip’s Answer

    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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  • Process after my I-539 is denied?

    The USCIS said that remaining in the US beyond 30 days will affect my ability to return to the US? Also, I am wondering what my immigration status is now? I entered the US legally and I have no criminal record. I applied for I-539 because I hav...

    Philip’s Answer

    I didn't see your original question so I don't have all the background on this. Hopefully, Stuart and/or David will have something to add. In any event, if your I-539 was denied your current status in the U.S. depends on the nature of your status as you originally entered the U.S. Under what status did you first enter the U.S.? What does it say on your I-94?

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