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Philip C. Curtis

Philip Curtis’s Answers

47 total


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

    I am a Green Card holder since 1998. I went thru a very compicated divorce and was convicted of a 3rd degree misdemeanor (telephone harrassment) in Colorado and completed six months probation for that back in 2004. Can i apply for citizenship?

    Philip’s 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.

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  • Expired M1 Visa; Current I-94; Canadian Visit

    Could I travel to Canada and back for 2 days with an expired M1 Visa but a current I-94 and no application for I-539 is made. I've been in the US for about 11 months now and in this period I visited India for about 40 days. Any feedback will be...

    Philip’s Answer

    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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  • Changing jobs after getting my I 140 petition approved

    My company filed for my GC last year and I got my I140 approved this month and the I485 was applied in august 07. Is it okay to switch jobs and start using my ead or should i wait?

    Philip’s 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 have a lot to lose if it goes badly.

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  • I-94 about to expire.

    Hi..M1 Visa Expired, My I-94 expires in about 20 days; However my course is still not complete and it will take 2 more months for completion. Will I have to fill out the form I-539? Any exceptions?

    Philip’s Answer

    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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  • B1B2 to F1

    hi i am a nurse.I am in B1B2 visa.I want to take NCLEX preparation for few months.because i dont have Nclex preparation institute in my country.And i have strong financial support.Can i change my B1B2 into F1 if i have I 20 form Kaplan institute f...

    Philip’s Answer

    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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  • Marriage to an EU citizen

    I would like to know what rights I have, being married to a Polish woman? We were married here in the states, and have never lived in Europe together. THanks!

    Philip’s Answer

    Hi, assuming you are a U.S. Citizen and the EU Citizen entered the U.S. lawfully you may file an application to adjust your spouse's status to that of a lawful permanent resident. This will allow her to live and work in the U.S. indefinitely. She would also be entitled to apply for U.S. Citizenship after 3 years of residency. There is more information on my website about the adjustment of status process if you are interested. Hope this helps. If not, please feel free to email me.

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  • Immigration and petition of my aunts and uncle

    My grandfather was a proud immigrant and U.S. citizen. He successfully petitioned his 4 children in the Philippines. He died before the paperwork finished. Is there anything I can do as a niece/granddaughter to continue the process? I have an ...

    Philip’s Answer

    You say that he successfully petitioned for them but died before completing the paperwork. Was the petition filed before he died? Was it approved?

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