Vincent Paul Martin’s Answers

Vincent Paul Martin

Minneapolis Immigration Attorney.

Contributor Level 3
  1. Do I need both an immigration and divorce attorney?

    Answered 7 months ago.

    1. Vincent Paul Martin
    2. Andrew John Bartlett
    3. Giacomo Jacques Behar
    4. Travis Craig Thompson
    4 lawyer answers

    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...

    Selected as best answer

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

    Answered 7 months ago.

    1. Vincent Paul Martin
    2. J. Bradley Ortins
    3. Adan G. Vega
    4. Carl Michael Shusterman
    5. William J Quirk
    5 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered 7 months ago.

    1. Vincent Paul Martin
    1 lawyer answer

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

    1 person marked this answer as helpful

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

    Answered 6 months ago.

    1. Vincent Paul Martin
    2. Gunda Johanna Brost
    2 lawyer answers

    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...

  5. Stay in US beyond I94 date due to medical reason

    Answered 6 months ago.

    1. Irene Vaisman
    2. Lawrence M. Kasen
    3. Woojin Won
    4. Vincent Paul Martin
    5. Alexander Joseph Segal
    6. ···
    6 lawyer answers

    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-...

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

    Answered 6 months ago.

    1. Paschal Obinnaya Nwokocha
    2. Vincent Paul Martin
    3. Robin Dalton
    3 lawyer answers

    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.

  7. L1 Visa/i-94 vs Maximum Physical Stay

    Answered 7 months ago.

    1. Vincent Paul Martin
    2. Jeff L. Khurgel
    3. Giacomo Jacques Behar
    3 lawyer answers

    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.