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Vincent Paul Martin
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Vincent Martin’s Answers

7 total

  • What documents and forms does my husband needs to file for me to get a green card while in the US.

    My documents will not be able to be submitted until after the legal time limit given in my passport at the port of entry expires. I have a 10 years multiple non immigrant visa that expire 2023. What other documents does my husband needs to submi...

    Vincent’s Answer

    There is a lot more that goes into the analysis of how to file or whether to file paperwork with USCIS. For example, I'm not sure of the relevance of your statement, "My documents will not be able to be submitted until after the legal time limit given in my passport at the port of entry expires." I don't believe that has any effect on your case and is an example of how your case could go very wrong if you don't know the law and procedure.

    I suggest you contact an attorney. An experienced immigration attorney will be able to determine the complexity of your case. And if it turns out that you don't have a complicated case, the attorney can confirm that for you.

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  • Stay in US beyond I94 date due to medical reason

    I am on a L1A visa and my I94 expires on 13November 2014.Recently we got an RFE from asked to file a response by 11-Nov-2014.My company attorney are likely to file the response around 11/03 - 11/07 to USCIS.Based on USCIS, the response time is aro...

    Vincent’s Answer

    Often times attorneys that represent employers do not want to get embroiled in questions from an employee regarding personal matters and therefore, I understand why you are looking for outside advise. I agree with the other attorneys on this board that you should first ask the company attorney about your issues, but if he or she is not willing to advise you on them, then generally one may remain in the U.S. until an application is adjudicated by USCIS, e.g., your application to extend your L-1A. But any denial of an application can have a negative effect on your ability to return in the future.

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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...

    Vincent’s Answer

    Receiving a Notice of Intent to Deny is not the same as a denial and therefore, your I-485 remains pending, which means you can file to renew your EAD until a final decision/denial is received on your I-485. But once a final denial is received, it is very likely that USCIS will place you into removal/deportation proceedings, so, like the attorneys above have stated, you need a lawyer to help you.

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  • Do I need both an immigration and divorce attorney?

    I brought my spouse on a K-1 visa six months ago, but he turned out to be abusive and we are currently separated planning on divorcing. Am paying for the place where he is staying but he keeps demanding money from me. I had not filed an adjustment...

    Vincent’s Answer

    • Selected as best answer

    In my opinion it is best to have the help of an attorney or firm that has experience in both divorce and immigration because there can be overlapping issues. For example, the issue of spousal maintenance in the divorce proceeding can call into play the Affidavit of Support you signed for your spouse to get his K-1 visa. And if your spouse files for an Order for Protection against you to gain immigration status under VAWA, this will go before a court outside of the immigration process.

    You need an attorney or firm that handles both immigration and family law because the issues are intertwined. Feel free to contact me with any further questions.

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  • Is it possible to file the I-765 with the I-130 and then file the I-485 later on?

    I am a U.S citizen and will soon be starting the process for a green card for my foreign husband. Is it possible to file for a work permit with the petition and then save money for the adjustment of status or do I need to wait and file for a work ...

    Vincent’s Answer

    I agree with all of the above-attorneys. And I would add that you could end up wasting a lot of money, and time, if your forms are filed incorrectly. For example, had you filed the I-765 with only the I-130 and submitted the $380 filing fee, USCIS could have simply denied it as improperly filed and kept your $380. These things are too important to "experiment" with your husband's immigration status. A fee paid to a lawyer for this once in a lifetime process is money well spent.

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  • Support Letter from company for H1b transfer , Should they apply transfer till the previous H1 validity or for 3 years from now

    The company support letter during my initial H1b asked for 3 years starting from October 1 2013 to September 25 2016. The new company wants to employ me on Nov 1 , 2014 , (The same has been mentioned in the LCA) W...

    Vincent’s Answer

    You would seek the full three years if the employer is willing to employ you for the period.

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  • L1 Visa/i-94 vs Maximum Physical Stay

    Hi, My Visa expiration is until Sept 2015 while my I-94 is until July 2017. However, I am nearing my Maximum physical stay for my Visa by Jan 2015. Am I still legally to stay and work in the US? Thank you so much

    Vincent’s Answer

    I agree with the answers by the above-attorneys. I would add that regardless of what your I-94 says, if you are let go from your sponsoring employer, that terminates your status.

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