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Scott D. Pollock

Scott Pollock’s Answers

2,144 total


  • I recently received a green card and I'm wondering if I can work overseas as a contractor for the USDOD

    I heard I have to wait to receive the second green card before I can work anywhere without any prejudice of losing my right on becoming a US Citizen

    Scott’s Answer

    First of all, it is important to understand that U.S. Government agencies like the Department of Defense have specific eligibility criteria for employment, which may include a requirement of U.S. citizenship, though not always. It is critical that you be very aware of the eligibility criteria and the application process and make certain you do not inadvertently misstate your immigration status, as one of my clients did once, causing difficult problems with the naturalization process and possibly putting into jeopardy your lawful resident status. As the others have stated, time outside the U.S. can impact eligibility for naturalization, although I would also point out that employment abroad for the U.S. Government can in some cases count as time inside the U.S. under Section 316(b) of the Immigration and Nationality Act, or even be a cause for expedited naturalization under Section 319(b) of the INA. Finally, from your reference to a "second green card" I take that to mean that you obtained your green card through marriage and are a conditional resident. This would be something to consider as well, including the state of your marriage and plans to timely file an I-751 application to remove conditions. The bottom line is that your question calls for a sophisticated legal analysis based on unstated facts. I strongly recommend that you consult with an experienced immigration lawyer before making any plans to live and work abroad before you are a U.S. citizen.

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  • I applied for my brother with family in 2005 F4 category , but by mistake I put wrong date of birth of his two children

    So if I put wrong DOB of his two children in I130 but with i130 I did not submit birth certificates so should I change now or should I wait when his category come and start processing ,and it will effect his case ?

    Scott’s Answer

    • Selected as best answer

    It will not affect his case, but it should be corrected. Also, important to note, given the lengthy backlogs in the 4th preference category, it is very important that you keep USCIS and the National Visa Center apprised of your current address so that you receive all necessary correspondence. I have seen people forget about the process since it takes so many years. If they fail to contact the NVC annually after the petition is approved, the Department of State sometimes terminates the approved petition and the beneficiary loses the priority date of the petition. That is a terrible thing to happen in this visa category.

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  • Can ICE deport illegal immigrant who has large RAP sheet in drug, thefts crimes,?

    The illegal born a child in US. Then she violated law frequently more then 15 times/

    Scott’s Answer

    Are you serious? It happens every day.

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  • Am I considered as Out of status

    Was with employer A till 14-Nov-2014 on H1B. Employer B filed transfer before the termination date of Employer A and got the H1B transfer approved(I-94 till Nov-2017). But the start date of Employer B is 24-November, where there is a gap of 10 day...

    Scott’s Answer

    If I understand the facts correctly, you were maintaining status with Employer A up until the point that Employer B filed the H-1B petition. In this case, there is no need to continue to be employed with Employer A and the "gap" of 10 days is not generally considered to be a violation of status that would jeopardize a future change of status or visa application. But you may need to be prepared to explain the situation on subsequent applications. It's not possible to say you definitely will not have "any trouble in the future" but we have not seen difficulties with similar cases.

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  • Query regarding extending I94

    Hi, My spouse's I94 is valid until 05-April-2015 though her H4 visa is valid until 01-Nov-2015 (same as my H1 visa) since her Passport expires on 05-April-2015. Her passport was recently renewed and is valid till 2024. Please let me know in th...

    Scott’s Answer

    Your wife's H-4 status is dependent on your H-1B status. She'll need to extend her status and show that you are maintaining your H-1B status. She is able to travel outside the U.S. while an extension is pending. But again, she will need to show that you are also maintaining your H-1B status.

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  • How many days before can I apply for i-530 COS from H1B to F1 for classes starting in August , 2015 ?

    I want to apply as soon as possible. Need to know if there is any restriction in number of days before applying for COS.

    Scott’s Answer

    In addition to the correct answers from my colleagues, it is important to know the expiration date of your H-1B. The USCIS will only grant a change of status to F-1 if you are maintaining your status up to the point of 30 days before the I-20 start date.

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  • I have approved I-360 Petition and Work Permit. I want to apply for college in IL.

    At the Admission Office I was told that I have to pay the same rate as Foreign students (3 times more than regular rate). Is is correct?

    Scott’s Answer

    If, after determining the school's actual policies regarding in-state tuition, you think the school has made a wrong decision or may be discriminating against you, you might consider consulting with the Chicago office of the Mexican American Legal Defense and Education Fund ("MALDEF"): http://www.maldef.org/about/offices/midwest/.

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  • Still no decision after stand alone i485 interview in Chicago USCIS office and it's almost 2omths after interview

    My LPR wife filled I130 for me in 2011 which was approved in 2013.. She became USCITIZEN in 2014 & filed stand alone i485 to adjust my status from F1 to LPR.. We had interview in September at Chicago USCIS.. Our marriage was over 3 years at the ti...

    Scott’s Answer

    I would continue making periodic inquiries through InfoPass. If 6 months were to pass, I would seek assistance from my congressional representative to make an inquiry on my behalf. If 12 months pass, I would consult with an experienced immigration attorney to possibly contact the USCIS with authorization to file a mandamus lawsuit if the case is not resolved. Those are the usual ways to increase the pressure on USCIS to complete the processing for an I-485.

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  • Hello, I am on work visa, has a record for shoplifting case(2008) which was dismissed in the court without any fine/penalty

    I am on work visa and have a record for shoplifting case(2008) which was dismissed in the court without any penalty.I had entered US on F-1 and currently I am on work permit. I am planning to visit my home country where I have to go for first time...

    Scott’s Answer

    I agree you should not expunge the records at this time. It only makes it more difficult to obtain required documents later on. The issue on applying for a visa is whether the applicant is admissible to the U.S. Convictions for, or admissions to the essential elements of a crime involving moral turpitude, including shoplifting offences, can serve as the basis for a finding of inadmissibility, although there is a petty offense exception where the charge was for a misdemeanor and the actual sentence was something less than 6 months in prison. In this case, I think it is important to answer affirmatively to the question about arrests, but also to be very sure about your admissibility. You should really consider obtaining copies of the police arrest reports, charging documents (criminal complaint or indictment), plea and transcript of the plea (if any), sentence and transcript of the sentence (if any), and the long-form certified court disposition that details the activity in the case. Only with these can an immigration attorney who is experienced with immigration consequences of criminal arrests and convictions advise you appropriately.

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  • Almost out of F-1 status due to debt in tuition but married to US citizen

    Hi all I am a student with F-1 Visas. . But recently tragedy happened my died passed away last year and now no one cant support me financially so I started working as a server part time. But it doesnt matter my DSO told me I ...

    Scott’s Answer

    As the other answers indicate, a violation of F-1 status will not make you ineligible to apply for adjustment of status based on a marriage to a U.S. citizen. You should be aware, though, that the Chicago office of the USCIS is particularly vigilant about the possibility that a marriage may be fraudulent. It gives many couples a very hard time. So I would strongly recommend that you and your wife meet with an experienced and reputable immigration attorney who can identify any issues and advise you regarding your application process.

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