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Vincent Paul Martin
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Vincent Martin’s Answers

12 total


  • How can we have my husband's kids in South Africa get visas approved to visit us here in US?

    The kids are 11, and 13, their mother has taken them to the embassy twice for appointments, they have been denied twice.Very upsetting, my husband had saved for this, bought plane tickets for them , he tries to help them often by sending money.W...

    Vincent’s Answer

    Is your husband a U.S. citizen? If so, it would probably be easier for him to sponsor his children to immigrate to the U.S. rather than just visit. I need much more information. I'm in Minneapolis, so, feel free to contact me.

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  • What is "Prospective Student" designation at the Port of Entry and is it beneficial for applying for F1 visa after getting back.

    Hi, I read on internet that entering the United States at some POE on a non-immigrant B1/B2 visa and letting the officer know that you're a "Prospective Student" and would like to visit campuses in the state of entry and shall return back to home ...

    Vincent’s Answer

    If you are in Minnesota, I work out of Bloomington and have dealt with CBP at the airport. In my experience, a Prospective Student notation has sometimes been used as a "warning" to USCIS should you attempt to change your status to F-1 while in the U.S. As long as you leave at the end of your B-2 stay, it should not be a problem at the consulate.

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  • On form i-130 #14, It's asking for "Date authorized stay expired, or will expire, as should on FORM I-94 or I-95. "

    I came to the US in Jan 2006. My i-94 doesn't have any provision of when it expires. In this case, shall state what's on my i-20? I see a lot of comments about using D/S in that space. I'd appreciate your recommendations. Thanks.

    Vincent’s Answer

    It looks like you would put D/S. But if you are in MN and have any further questions about it, my office is in Bloomington, MN, where your case will be processed, if you have any further questions.

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  • Change of local address during naturalization application

    I have applied for naturalization about a month back. Recently I have a plan to sell my home and move to a rental unit in the same school district. If I file the AR-11 form with USCIS or DHS as soon as I move, how would this affect my naturalizati...

    Vincent’s Answer

    You need to make sure that you change your address on your N400 in addition to changing it generally, or else you may miss any notices USCIS sends you on your N400. If you are in Minnesota, my office is in Bloomington, MN, where your application will be processed if you have any further questions.

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  • I was on H4 & divorced & application for B2 filed on April 10.I'm getting married to US citizen. What is the procedure to file?

    I want to know detailed procedure for filing paperwork considering that my COS application is pending at immigration and I am getting married to US citizen.

    Vincent’s Answer

    While the general procedures are the same regardless of where you reside, it is always helpful to hire an attorney familiar with the USCIS that serves your location. Our office is in Bloomington, MN, if you are looking to hire an attorney familiar with the Minnesota USCIS office.

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  • 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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