Elizabeth Rompf Bruen's Answers

Can I be eligible for a green card even though I claimed to be a citizen in a I-9 form? I am married to a US citizen.

I must respectfully disagree with the prior poster. You will be interviewed by the Chicago Field Office of USCIS. In almost every adjustment of status interview they ask whether or not you have falsely claimed to be a U.S. citizen. They also frequently ask for I-9 forms to verify whether or not someone has made a false claim to U.S. citizenship. Our office has sucessfully overcome charges of false claims to U.S. citizenship in certain circumstances in the past, but this will almost...

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Can i travel to India and come back without any issues?

I would recommend speaking to an immigration attorney before you travel. Based on your question, it sounds like you are no longer in H-4 status (since you said you had an H-4 earlier and your husband - who I assume had an H-1B - is already an LPR). You also do not mention whether you have a current advance parole travel document. After your biometrics appointment is completed, it typically takes at least a month to receive the Lawful Permanent Resident card in the mail - and if an interview...

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Can my spouse still be deported for having an expired visa even if the marriage is a bona fide marriage?

I agree that you and your fiancé need to speak to an immigration attorney that regularly represents people in removal proceedings. You said that your fiancé applied for residency before, but you do not say on what basis - that is important because if the basis of his original filing was a family-based filing, marrying could affect his eligibility to continue with that application. You also do not say what your own immigration status is - so it isn't clear whether you would be eligible to...

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Immigration hold, chance of deportation, but parents were already naturalized when he was minor.

I agree that it would help to schedule a consultation with an immigration attorney. That attorney will want to know your husband's date of birth, when he became a permanent resident (if he is a permanent resident), whether his parents were married (and if divorced or never married - who had custody of him, from what date, and who he physically resided with), and the dates that his parents naturalized. If your husband did not become a citizen through his parents then the immigration...

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I have an interview to become a citizen; however, I have lost my greencard. Will this be a problem?

With all due respect to Mr. Mayer Kantor, I respectfully disagree. I notice that the poster is from Chicago. I am an immigration attorney in Chicago and our local office does not deny naturalization applications for this reason. I have had clients in this situation in the past, and I made an INFOPASS appointment for them to meet with an information officer before their naturalization interview. We brought their N-400 receipt and unexpired passport and asked that an I-551 stamp be placed in...

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Will my dui affect my immigration application?

I agree with the previous post. If you would like to apply for citizenship, I would recommend that you meet with an experienced immigration attorney to review the documents relating to your DUI to confirm that you are eligible. It is also helpful to have an immigration attorney with you when you go to your naturalization interview to make sure that the law is applied correctly in your case. When I represent clients that have been convicted of a crime, I usually bring evidence about my client'...

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Married to an illegal immigrant he crossed the border without inspection

I would recommend that you speak to an attorney that specializes in immigration issues to discuss your options in more detail. If someone filed a family or employment-based immigration petition for your husband or his parents before May 1, 2001, he MAY be eligible to become a permanent resident without leaving the United States. If not, then he would have to return to his home country to process for an immigrant visa. However, if he leaves the United States after being in the US for more...

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My wife is sponsoring me for a green card. She is U.S Citizen, i am here in U.S.A on student visa.

You do not mention whether or not you are authorized to work. If you have an EAD based on OPT or CPT and are authorized to work for your current employer than your income can be included on the I-864. If your work is unauthorized then it may not be included. Respectfully, Elizabeth Elizabeth Rompf Bruen Scott D. Pollock & Associates 105 W. Madison Street, Suite 2200 Chicago, IL 60602 (312) 444-1940 (phone) (312) 444-1950 (fax) ebruen@lawfirm1.com www.lawfirm1.com

I just had my marriage interview, she take out my I-94,but the officer said she will send the result within 90 days

I think your experience is pretty typical for interviews at the USCIS Chicago Field Office. Most officers tell applicants that they will receive a decision in the mail within 90 days. In my experience, the answer usually comes within 30 days - either via email through the USCIS online system recommended by a prior poster or in the mail. Respectfully, Elizabeth Elizabeth Rompf Bruen Scott D. Pollock & Associates 105 W. Madison Street, Suite 2200 Chicago, IL 60602 (312) 444-1940...

I had an interview in early 2008. Myself and my wife were separated. I think they are about to call us for another.

I agree with prior posters. It is possible that your case is still pending, but it could have already been decided and the notice sent to the incorrect address. Regardless, it is important for you to determine the status of your case. Hiring an experienced immigration attorney would be helpful with this process. The attorney could attend an Infopass appointment with you to determine the status of the case, email the local office or call the supervisor in charge of cases like yours, and...