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Paschal Obinnaya Nwokocha

Paschal Nwokocha’s Answers

20 total


  • Cambodian Citizen/ LPR Re-entry permit

    I am a cambodian citizen and I came to this country as a child refugee in 1985. I have my green card with no expiration date. I want to visit my home country for 3 weeks. Do I need a re-entry permit to come back to the U.S? I thought all i needed ...

    Paschal’s Answer

    With a valid greencard, no criminal issue and your Cambodian passport, you shouldn't have any problem traveling to your country. The issue is that your card is too old and need to be renewed. You should explore the renewal first before traveling to avoid issues at reentry. It does not appear that you need a re-entry permit, but you will need to discuss your situation with an experienced immigration attorney to make sure all issues are covered.

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  • Can I still obtain my EAD if I were sent an intent to deny for my pending adjustment of status application?

    I was sent an intent to deny because of a claim that I misrepresented facts in my I-485 application (through the marriage with a US citizen). I plan to request a waiver of inadmissibility through the Attorney General. Before I received this notice...

    Paschal’s Answer

    Unfortunately, the answer to your questions depends on a lot of situation. If your Adjustment of Status application is still pending, you may be able to renew your EAD. But an experienced immigration attorney can review the situation to make sure there are no other issues that will prevent the approval of your EAD application.

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  • Am I eligible for any immigration status after I took a plea bargain for a gross misdemeanor sexual misconduct against minors?

    i came to the U.S in 1996 under the Home Coming Act from Vietnam. In 2002 I took a plea bargain of sexual misconduct in the fifth degree against a minor. I wore an ankle bracelet for 60 days, 2 year probation and after 2 years it's down to a misde...

    Paschal’s Answer

    You have a very serious issue; criminal sexual conduct involving a minor is a very serious matter for immigration. The fact that your criminal case is resolved is totally different from what will happen in immigration. Best advise: take all your documents to an experienced immigration attorney to review your options. If you are in custody, you should make an arrangement for the attorney to get the documents for review and then meet to discuss.

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  • Can I file a i130 for my spouse faster after being rejected once, and my case closed a second time?

    My first time applying for him, they rejected his case. The second time they required mor information, I never got their letter, and didn't call them that month. They declared it an abandoned case and closed it. If i refile, will it take as much t...

    Paschal’s Answer

    The question is not quite clear: rejected or denied or closed? It will be worth your effort to take all the documents to an experienced immigration attorney. Only will you know exactly the best way to handle your situation.

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  • Can I change petitioners for my R-1 Visa application after filing?

    I applied for an R-1 Visa two months ago under a different petitioner. I do college ministry at the University of Minnesota campus. Recently I discovered that my current petitioner does not want to proceed with my Visa application after receiving ...

    Paschal’s Answer

    You cannot transfer the petition to new organization; you will need to re-file under the new entity. Make sure the new entity meets all the requirements for R-1 petitioner and you are in valid status when you refile.

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  • Filing fee for I-765 covered under I-485 filing fee?

    We are submitting I-130, I-485 and I-765 together, is the filing fee for the I-765 waived by the I-485 filing fee? or am I getting confused? The I-485 Instructions state:"NOTE: You may file Form I-765, Application for Employment Authorization...

    Paschal’s Answer

    The I-765 fee is included in the $1070. No need for separate fee.

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  • I have overstayed my B1 by120days. If Im hired by a company, can they apply for H1b visa for me?

    What are my options to adjust my legal status and remain lawfully in the U.S?

    Paschal’s Answer

    Because of the overstay, you will have to leave the country to get an H1B visa. Work with the prospective employer and immigration attorney so they can work on your case while you are overseas.

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  • WHAT DO I DO AM SO CONFUSED

    I WAS IN A REMOVAL PROCEDURE THEN I GOT MARRIED. FILED MY PAPER WORK IMMEDIATELY. I-130 WAS APPROVED. I-485 WAS DENIED HAD TO REFILE IN APRIL, SINCE THEN I HAVEN'T GOT ANYTHING YET FROM USCIS. 7 MONTH SINCE FILING FOR A GREEN CARD. I CALLED USCIS ...

    Paschal’s Answer

    You are going to be in removal proceedings. You need to hire an experienced attorney to review your documents and see the best way to avoid removal. Make sure to notify the USCIS of your address if you move because your removal documents will be mailed to the last address they have.

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  • Continuance for Dismissal for a criminal charge - Immigration Consequences

    I got an offer for Continuance For Dismissal from the prosecutor for 10 months. In the final letter that i signed, there was no agreeing to any facts. Is this considered conviction for immigration purposes. I am on work visa.

    Paschal’s Answer

    This does not seem like a conviction for immigration purposes. Bu, to be safe, I'd recommend you show the document to an immigration attorney.

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  • Will I have problem coming back to US as an advance parole? Should I go back home or not?

    My immigration papers are being processed at the moment: I485 and I130. Meanwhile, I have been approved for my I131-Travel Doc and I765-Employment Authorization. I have received an Employment Authorization Card and on the bottom of the card it als...

    Paschal’s Answer

    I agree with my colleagues. You will be fine; you will not have any problem returning with the the AP.

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