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KiKi Maria Mosley
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KiKi Mosley’s Answers

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  • I130 signature

    Hello can someone let me know whether I should use blue ink pen when signing the i130? I have read many opinions and people seem to think that signing in blue will avoid confusion of a document being a photocopy vs an original. I guess some people...

    KiKi’s Answer

    I would use blue ink. I recommend it after getting an RFE on a client's file two years ago when the signature was original, but in black ink.

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  • Can a F2 wife stay outside of US ?

    For how long can a wife with a F2 visa stay outside of US?

    KiKi’s Answer

    Your wife is not required to remain in the United States as an F-2. She does not have a residency requirement with her status. Best of luck.

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  • Applying OPT

    I am planning to apply for my OPT 07/30/2015 my current university I-20 expire on 10/18/2015 I am wondering ,is this correct time to apply OPT? also which one is best paper based application or e file application

    KiKi’s Answer

    My colleague, Attorney Behar, is absolutely correct. Your DSO has access to all your files that control the timing of applications and how to apply. We have no way of knowing the details of your SEVIS account. Your DSO not only has access, but controls it.

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  • How can I prove proof of Legal for U.S. Passport?

    I am supposed to traveling next week, My passport is on hold because I need proof of entry, My family came to the U.S. in 1973, I was 2 yrs. Old at that time, I have an Alien number but lost the Green Card and Passport years ago, My mom became a C...

    KiKi’s Answer

    Unfortunately, it is highly unlikely that there is a solution that will allow you to travel internationally next week. You full alien file (A-file) is obtainable through a FOIA request as detailed by my colleague. Automatic acquisition of US citizenship laws are dependent upon the year one or both of your parents became citizens themselves. It would be worth your time and money to consult with an immigration attorney so that they can get this moving for you and you can understand what you might need to do to understand where you stand and how to get the necessary documentation to obtain your US passport, if possible. Best of luck.

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  • Can I update my Asylum declaration as it was written 2 years ago?

    I have received my interview date now after 2 years. Can I update my asylum declaration as some things have changed in 2 years time and also some of the details why I fear procession and some basic details about the case are missing. Many thanks.

    KiKi’s Answer

    • Selected as best answer

    Absolutely and you should. At the beginning of your interview you will have the option to provide any additional supporting documents and/or change anything in your application. Your changes should be reasonable (for example you should not completely change a story about how something that occurred in the past happened) however, especially given the length of time it takes just to get the interview, it is normal and expected that there will be updates and changes. Before you sign your application in the presence of the officer they will review all changes/additions and number them to confirm that they are as you have indicated and that you are signing off that they are correct and final. Best of luck.

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  • When should I start filling?

    I'm a US citizen and I'm getting married to an American, by God's grace next year august. I need my brother to walk me down the aisle... Don't wanna apply too late for visitors visa, but my friend told me it's too early to apply now. So my questio...

    KiKi’s Answer

    When to apply is going to depend upon the country where the visa will be issued. Where is your brother coming from?

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  • I would like to know as a Bahamian businessman desiring to live in the united states but not work is there any legal way.

    my children can attend school one of my daugthers are American

    KiKi’s Answer

    If your daughter who is a US citizen is 21 years of age or older she can petition for you to come to the United States on an Immigrant Visa. If that is not an option you may have an investment-based option. Seek a consultation with an immigration attorney that is experienced specifically in employment-based visas. Best of luck.

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  • Can I marry my fiance whom is in jail for a drug charge before he is sentenced?

    My fiance and I have been together for 4 years and have two kids together. He was arrested for a dui and released in bond and finished his probation the first time. The second time he was arrested in georgia for speeding and they deported him. The...

    KiKi’s Answer

    Yes, you can marry him while he is detained. Will is result in him avoiding deportation? Given your explanation of his immigration history, likely not. However, it is common for people to misunderstand the exact immigration history a loved one has. If you are interested in pursuing this you would need to take all of his certified court dispositions as well as copies of his immigration documents (current and historical) to an immigration attorney who has EXTENSIVE experience in criminal immigration matters. Best of luck to you.

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  • If I fall out of status before marriage to a US citizen, will that affect my chances of getting a green card?

    I am at the tail-end of OPT on an F-1 visa and my grace period to leave may end before I am able to get married to my long-term boyfriend and file for adjustment of status. Will this affect my chances of getting the green card if so? I entered leg...

    KiKi’s Answer

    The fact that you may have a gap in legal immigration status will not, in and of itself, affect your chances of approval for lawful permanent residence (a green card) based upon a marriage in good faith to a United States citizen. Your goal should be to keep that gap in legal status as short as possible. I agree with my colleague that during that time (gap in status) you could be subject to removal proceedings; although it is unlikely. You should at least consult with an immigration attorney (in more depth than we can handle in this forum) to understand the laws with regard to your issue(s) and potential issues with international travel, etc. Best of luck!

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  • WILL THIS AFFECT MY GREEN CARD

    Please I just got employment in New Jersey but I live in New York with my wife.i used my old New Jersey address to fill the application not my current address with my wife in ny.This is because the employer will have not hired me due to the distan...

    KiKi’s Answer

    I would disclose the reasons for the discrepancy if it were to come up in correspondence or an interview setting with my own clients. Then when you are able to update your address with your employer, do so as soon as possible. Best of luck!

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