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Michael D. Baker

Michael Baker’s Answers

3 total

  • First time DACA applicant

    It has been 3 months and 3 days since they have received my application. (they got it April 24) I just want to know an estimate on how long it will be until I get my biometrics appointment. Should I call the center? The center that got it is the o...

    Michael’s Answer

    Yes, definitely call the TSC on your notice or call 800-375-5283. After USCIS acceptance confirmation, the next step in the process would be for a background check as part of the decision-making process. USCIS will request for your biometrics (fingerprints).

    You will receive a subsequent I-797 Notice of Action receipt in the mail with your appointment date for your biometrics to be taken at your local Application Support Center, ASC. (often 7-10 days after the Lockbox received your package)

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  • CAN MORE THAN ONE U.S. FAMILY MEMBER PETITION FOR THE SAME IMMIGRANT ?.

    FAMILY BASED PETITON OF FATHER UNDER F2B AND THE MOTHER UNDER F1. BOTH PETITIONS ARE CURRENTLY UNDER PROSCESS. WAITING WHICH PETITON CAN GIVE A VISA SOONER THAN THE OTHER. IS THERE ANY LEGAL PROBLEM IN DOING THESE ? AFTER GETTING A VISA WHAT SHOUL...

    Michael’s Answer

    Yes, a foreign national who has more than one close relative in the U.S. with U.S. citizenship or permanent residence status need not choose only one of them to start the immigration process (leading eventually to a green card) for him or her. Any or all of the person’s U.S. relatives can serve as “petitioner.” You have nothing to lose except the filing fee by having more than one U.S. petitioner file an I-130 on behalf of an intending immigrant.

    Whichever petitioner can get the Immigrant a green card fastest should file an I-130.

    If one of the potential petitioners is the intending immigrant’s immediate relative, so that the entire application process will go fairly quickly, you could simply file that one application.

    In other situations, however, it can be well worth having more than one petitioner file an I-130 on the immigrant’s behalf. Why? Because circumstances can change with the passage of time. A petitioner might die or lose interest in helping the immigrant.

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  • How do we apply for residency for an illegal immigrant marrying a US citizen?

    I am an undocumented immigrant brought to the US when I was about 6 yrs old, have lived here ever since. I am going to marry a US citizen. We are trying to figure out what we need to do to make me a legal resident. Some have told us it would...

    Michael’s Answer

    §245 of the immigration law allows persons to become permanent residents without leaving the U.S. through a process called "adjustment of status". Generally, persons who entered the U.S. without being inspected and admitted or paroled, who have ever been unlawfully employed in the U.S. or who failed to always maintain lawful status in the U.S. are barred from adjusting their status in the U.S. (There are certain exceptions to the last two bars for "immediate relatives" of U.S. citizens and for certain EB applicants.)

    §245(i) was first added to the law in 1994 to allow persons who qualify for green cards, but not for adjustment of status, to be able to adjust their status in the U.S. upon payment of a fine (currently $1,000). Congress phased §245(i) out of the law on January 14, 1998. However, persons who had already qualified under the law as of that date were "grandfathered" into the benefits of §245(i) for the rest of their lives. The problem was that hundreds of thousands of otherwise qualified persons who missed the January 14, 1998 deadline cannot adjust status in the U.S., and cannot return to their countries to obtain green cards without being subject to either a three or a ten-year bar from returning to the U.S. These persons (You may be one of them!) have been in a state of legal limbo since 1998.

    A person with a labor certification or a visa petition filed on their behalf on or before January 14, 1998 is qualified for the benefits of §245(i). Under the new law, a person who has a labor certification or visa petition filed on their behalf after January 14, 1998, but on or before April 30, 2001, is also qualified for the benefits of §245(i) but only if they were physically present in the U.S. on the date of enactment of the new law (December 21, 2000).

    I hope that helps.

    Sincerely,
    Mike Baker

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