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David Lee Wilson

David Wilson’s Answers

92 total


  • Chicago immigration is circumventing US immigration law

    My wife just arrived in the US with a valid tourist visa giving her 6 months legal stay in US. I have already submitted the form I-130 to prove our relationship status so she can be granted temp/perm resident status while she is here, so she can s...

    David’s Answer

    USCBP has discretion to define the length of a trip. You are going to get your wife barred for life by applying for residency. USCBP will have recorded details about what she said her purpose was when arriving to the US. If she applies for residency, she will have to contradicted herself. You need to stop in place and seek out an attorney before doing anything else.

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  • I voted in an election and there maybe a few years I didn't file taxes. How does that affect my application for naturalization?

    I want to apply for naturalization, but am afraid as I have previously voted in an election and there were a few years I didn't file my taxes. I am a permanent resident of the US. When I voted, I thought I was a citizen (by marriage). The non-f...

    David’s Answer

    The answer to this question is not a simple yes or no. First, there are many factors involved in how you came to vote, and when. More important, USCIS has guidelines for forgiving unlawful voting if the appropriate factors exist. You need to review your situation with an attorney who has dealt with this specific issue in the past.

    Your tax question is best for an accountant.

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  • My immigration lawyer told me to accept administrative closure offer because he only had one person get cancellation of removal

    this year. I am a permanent resident and I read it is easy to get cancellation of removal for permanent residents. I am in removal proceedings just because the ICE guys found out that I was convicted of possession of heroin two times in the last 3...

    David’s Answer

    I concur with colleagues. Two possession convictions is not an easy hurdle to overcome. It seems like you got a great deal to show your sobriety and clean up your life for a long time before going forward with a case that would otherwise lose if brought today. Moreover, you took the offer. It is your choice, not the attorney. If you do not like it, motion to re-calendar. Beware of gambling with your life. Sometimes the status quo is much, much better than the alternative.

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  • H1B Approved then Revoked Before Oct 1st. Can same employer apply for New H1B after revocation

    I am in US on L1 visa. Company filed for H1B visa (COS -L1 to H1B) this year and got approved on 09/01/2014 but for some reason they revoked it 09/20/2014. Now they(Same employer) wants to re-apply for new H1B (COS -L1 to H1B) tomorrow. ...

    David’s Answer

    I agree that this is not an easy yes or no question. Ultimately, the company's attorney will need to decide whether it is viable. The reason for the revocation is not as important as the manner in which the employer did it. The employer will know the answer, and its attorney will have to determine the impact.

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  • IF A PERSON IS APPLYING FOR NATURALIZATION IN DAYTON OHIO DO THEY NEED A US CITIZEN SPOUSE OR FAMILY MEMBER TO VOUCH FOR THEM?

    OR ARE THEY ABLE TO APPLY FOR NATURALIZATION ON THEIR OWN IF THEY MEET THE 5 YEAR PERMANENT RESIDENCY REQUIREMENTS

    David’s Answer

    No vouching need per se. However, if you obtained your residency through marriage, USCIS may review your relationship history to assess whether there is any fraud. If you obtained residency through another relationship, then no.

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  • Can my wife co-sponser for my mother

    My wife came to usa Febraray 2014. She is working since June 2014. Can she be my co-sponser or can fill affidavit support for my mother. my wife has green card holder since september 2014. I want to find out if she can fill for me affidavit suppor...

    David’s Answer

    If you are living in the same household and still married, then you can combine your income using form I-864A. She is not a co-sponsor.

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  • Can my wife would be my joint sponser

    My wife is in America since February 2014. She has been working since since June 2014. she has conditional green card. 2014 poverty guideline said around 19,000 thousand to sponsor someone. my income and her income is more than 25000 so far, s...

    David’s Answer

    Your household income is attributed to your I-864 through form I-864A.

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  • We are a start-up Consulting firm, started 2 months ago Currently having 4 agreements and 50,000 Funding. can we hire h1

    We are a start-up Consulting company, that started 2 months back Currently having 4 MSA agreements and 50,000 Funding and We can pull 1 SOW - Statement of Work. We want to do an H1b transfer, Are we eligible to do an H1b ...

    David’s Answer

    It is possible; however, there are serious hurdles that all of your zeros will pose. It is a manageable petition, but the capacity to pay the wage and the legitimacy of the business will be challenged. You can expect a visit from FDNS too if not prepared carefully. You really should consult with an immigration attorney before proceeding further.

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  • For N400, do I have to list dorm residency?

    I used my parents address as a permanent address on most paper work, except for a public library card. Plus, the only mail I received was from my parents.

    David’s Answer

    Yes. USCIS in Minnesota wants every address of 30 days or more listed on the form.

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