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Scott D. Pollock's Answers
- 2,078 Legal Answers
- 19 Legal Guides
2
Attorney answers:
Im staying out of u.s for 7 months,and im a g.c.holder,do i get trouble already?
My condolences for your losses. A return within one year of your last departure is fine. An absence of between 6-12 months might impact an application for naturalization and would need to be explained, but it doesn't result in an abandonment of your LPR status, particularly in these circumstances. Be sure to maintain your status in the U.S. by continuing to pay income tax, maintain bank accounts, property, etc. Scott D. Pollock Scott D. Pollock & Associates, P.C. 105 W. Madison, Suite...
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Attorney answers:
Applied for US immigrant visa in Bangladesh, currently permanent residents of Canada. Wife pregnant. Interview in two months.
I agree with the other answer. Your child will either be a U.S. citizen if born here, or can immigrate with you if born before you arrive. From an immigration lawyer's perspective, it would be ideal for you to arrive in the U.S. and have your child born here. Scott D. Pollock 312-444-1940 spollock@lawfirm1.com www.lawfirm1.com
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3
Attorney answers:
Am I eligible to obtain a Visa again? What are my chances?
Members of the dance company will need to qualify for the appropriate visa, which for performing artists is usually the O-1, P-1 or P-3 visa. Generally, members of dance companies must show they've been with the company for at least a year. Obtaining O-1, P-1 or P-3 authorization requires several steps, good planning and sufficient time to prepare and have USCIS adjudicate the petition. After the petition is approved, the individual members must apply for visas abroad. The visa application...
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Proof of bona fide marriage evidence... please give feedback.
I agree with Carl. Your list and your explanation of the absence of a joint bank account seems reasonable to me. But you are right that the USCIS office in Chicago is very strict and scrutinizes marriage based cases. I know of one case from the 7th Circuit Court of Appeals that upheld a denial where the couple had 2 children, due to discrepancies in their testimony about their relationship and various periods of separation that made the then-INS suspicious about their marriage. If you are...
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Attorney answers:
Can I apply for new I131 outside US?
You need a replacement of the advance parole document to board an airplane. The I-131 instructions are clear that an applicant for adjustment of status must be in the U.S. at the time of application. If you apply, I would disclose the situation and explain you are outside the U.S. and seek a replacement of the lost document. You can also go to the U.S. embassy to see if it will issue a travel letter in lieu of the advance parole document. Scott D. Pollock Scott D. Pollock & Associates,...
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Attorney answers:
Submitting an I-485. I already have an approved I 360. Can I do premium processing? If so who signs the I907, me or employer?
There is no premium processing for an I-485. You should include the I-797C approval notice for the I-360 along with all other required documents for the adjustment. You must file the I-485 while you are still in status or no later than 180 days after, and you should not work without authorization or after the R-1 expires. For more details on the law and procedure, you should consult with an immigration attorney who has experience with religious worker cases. Scott D. Pollock www.lawfirm1.com
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Attorney answers:
Are my chances for getting an NIW significantly reduced if I have a criminal record (misdeaminors and DUI's)?
It depends on the nature of the convictions and also whether the U.S. government thinks that you may have a health-related ground of inadmissibility, which includes substance abuse issues that cause a danger to yourself or others. You should consult with an experienced immigration attorney to discuss the details of what you are trying to accomplish. Scott D. Pollock www.lawfirm1.com
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Am I able to get a J2 visa if I still not fulfill 212(e) section ?
Yes, you have a chance. Section 212(e) prohibits issuance of an H or L nonimmigrant visa or lawful resident status until the 2 year home return is completed. You may be readmitted in any other nonimmigrant visa category, assuming you qualify for the category, notwithstanding 212(e). Scott D. Pollock Scott D. Pollock & Associates, P.C. 105 W. Madison, Suite 2200 Chicago, IL 60602 (312) 444-1940 fax: (312) 444-1950 e-mail: spollock@lawfirm1.com internet: www.lawfirm1.com...
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I-864 :sponsor income questions.
Cash payments and tips must be reported and an employer is legally required to issue a W-2. The USCIS will probably require a W-2 in addition to the tax returns. Scott d. Pollock www.lawfirm1.com
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3
Attorney answers:
Does USCIS use a "priority date" when issuing NTAs? Got denied for 751 in Sept. 2010 and been waiting for the NTA since then.
Normally, the USCIS has "prosecutorial discretion" to issue or not issue an NTA. But in the case of an I-751 denial, the federal regulations state that the USCIS "shall" (meaning must) begin a removal proceeding. Thus, in cases where we think the decision was a bad decision, we are able to force the USCIS to issue an NTA so that our client can have his or her day in court. The USCIS in Chicago is notorious for bad decisions on I-751's. Often these are reversed by an immigration judge in...
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