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Jennifer Lynn Bennett

Jennifer Bennett’s Answers

138 total


  • When you apply for advance parole under DACA, Do you have to prove somehow why you want the visa to travel?

    For instance if its work related does your company have to provide something additional in order for you to get granted the permission to travel outside the U.S.

    Jennifer’s Answer

    For the best chance of approval of your request for permission to travel, you should certainly document the reason for your request for travel. The better documented your request is, the greater chance you will likely be granted advance parole. However, you really should consult with an experienced immigration lawyer to be certain that it is safe for your personally to travel and ensure that there are no risks at stake. Just because you have received DACA approval does not automatically mean that you are free to travel without any potential risk and/or long-term effects of your travel abroad at this time.

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  • Selected for DV-2015, right now on OPT expiring Mar 2015, and would like to get married within a year. My Visa Number is 72xx.

    Hi, I have been selected for DV 2015 (whose Visa Issuance will be from Oct 1, 2014 through Sept 30, 2015). 1) Does this mean that I SHOULD ONLY fill out the DS-260 from Oct 1 or I should do it as soon as May 19th? 2) When Visa Cut-off Number becom...

    Jennifer’s Answer

    As my colleagues have stated, your questions are far too detailed and specific for a forum such as this. The best way for you to proceed will depend on your life, your goals, and your personal timeline. Further, your questions may require a lawyer to do a bit of legal research to properly advise you in such a manner that you do not wind up forfeiting benefits by taking the wrong action at the wrong time.You have many different aspects of immigration law at play in your scenario above. Good legal advice will be worthwhile to you, as failure to obtain may be more costly in the long run than if you had not sought it out. I highly recommend consulting with an experienced immigration lawyer. Best of luck to you!

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  • I applied h1b visa in premium processing .Till what date i can expect to be informed my petition is picked in lottery or not ?

    What could be the last date that i should wait to know my petition was picked or not.

    Jennifer’s Answer

    The lottery has already occurred and applicant's began to receive notices by mail last week. I suggest speaking with the employer who has petitioned for you and/or your lawyer, if you have one to see if they have received notification yet. If you have not heard anything within the next couple of weeks, you may want to ask your employer to assist you or work together with you to call an inquire about the status of your application. If you do not have your own lawyer to assist you with this process, you want to retain one. Best of luck!

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  • Othe than these forms I-485 and I-765? Which forms need to be filled for AOS?

    what are the other forms we need to fill for AOS on K-1 Visa Status. can please tell me list of the all form which we need to fill out? Thanks

    Jennifer’s Answer

    The I-485, I-864, and G-325 forms are required; the I-765 (for work authorization) and I-131 (for travel authorization) are optional. However, as my colleagues have pointed out, the process is about more than filling out and submitting forms. The cost of hiring a good immigration lawyer to help you identify any potential red flags, pitfalls or issues that may arise up front and to help you successfully navigate those issues is far cheaper than hiring one later if you make a mistake. It can be a tedious and daunting process. Good luck.

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  • F2A being current & filed I-485

    F2A category was current on the month of August and I've filed all the required documents for my I-485 process on August 3rd, 2013. I've received the receipt notice from USCIS on August 9th and still in a process. I was checking the visa bulletin ...

    Jennifer’s Answer

    Your question is a very complex one and each case is unique. I highly encourage you to consult with an experienced immigration attorney who can inquire about more particular details of your particular situation and give you the best advice for you personally. The best decision may differ from person to person based on number of other factors. That being said, I always encourage my clients to continue to maintain status--there are potential consequences that could result for failure to do so, particularly in the event that the green card processing does not go as smoothly as anticipated. You should never, ever work without proper employment authorization. Your application will not be approved until the priority date is current again--however, just as the priority date went backward, it always advance forward out of order also (we call that "retrogress" in the legal world), so it is important to keep your eye on the priority dates every single month. Best of luck to you!

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  • Applying for EB-5 when in usa on daca

    I am in usa and currently on daca. Is there any way i can transfer my status to eb5 and obtain green card? I came here on visitors visa and overstayed. Funding could be arranged legally and would not be problem. Also both my parents are here on GC...

    Jennifer’s Answer

    I agree with all of my colleagues who have posted. There is alot at stake here--you would certainly trigger the 3/10 year bar when leaving the country to obtain your visa at the Consulate abroad. A hardship waiver would be required to reenter the U.S. and waive the bar. As another colleague has pointed out, you do have LPR parents, who may be considered qualifying relatives for purposes of a waiver, but in addition to qualifying relatives, the standard of hardship you must prove to be successful in obtaining a waiver is very high. Your case is a very complex case. I strongly suggest that you consult with a knowledgeable an experienced immigration attorney, who can help you to navigate your situation successfully.

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  • I-360 approved( march 2013) and i485 pending ( since April, 2011)? What should I do now?

    In my i485( filed in 2011), my husband was making the petition only for me due to abuse I separated from him and file i360 that was approved. Now that my i485 is pending should I use that i485 or do I need to file a new one because now my daught...

    Jennifer’s Answer

    Yes, you should file a new Form I-485. Also, you may file a Fee Waiver application at the same time. Processing times vary, but the fee waiver application may processed before the I-485. Once you have filed your I-485 application, you may check the status of your application on the USCIS website. Good luck.

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  • Is this legal? Does this conform with the law?

    On my H1B extension (4th ext., w/ approved I-140), HR will ask me to sign an agreement that I have to repay their expenses if I leave in less than two years. They have not done this w/ my previous extensions.

    Jennifer’s Answer

    As Attorney Behar has suggested, this does not sound legal to me from an immigration standpoint. However, you may also want to consult with an experienced employment law attorney--preferably an employment attorney who is very familiar with immigration issues also. Also, may depend on exactly what "expenses" they are referring to--an employment attorney can help you determine what expenses may and may not be acceptable, if any.

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  • Can i return to the us after ported

    Conspiresy felony

    Jennifer’s Answer

    This may be obvious, but when you say "ported" I am assuming you mean "deported"? Speak with an experienced immigration attorney who can take a close look at specific facts relevant to your situation. Will depend on many things, and, also, most likely a waiver will be required as another colleague has suggested. Good luck.

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  • In a month i have to go to court over custody and child support and im looking for a lawyer but not sure if i really need one..

    here the details..dna test taken day baby was born and came back his he wants visitation and is agreeing to pay child support from his work. daughter is 3 months old. he has a 3 year old as well he has been in her life since day she was born so sa...

    Jennifer’s Answer

    Based on your post alone, it sounds like there are enough issues involved that it would far more than beneficial for you to obtain an attorney to assist you. At very minimum, I encourage you to at least consult with an attorney before deciding whether to hire one or not. The court process can very difficult for a "pro se" individual (in other words, without a lawyer). Keep in mind that child custody, visitation, and child support are 3 separate issues that will need to be addressed in your case. Does your child's father want custody or merely visitation? I fear you may be mixing up the two concepts. A court is very unlikely to restrict a parent from having visitation--courts want to encourage both parents to be able to visit the child and have a relationship with the child. Also, as my colleagues have explained, mediation will be required in your case if there is a dispute over child custody and visitation--it is mandatory and required by an IL Supreme Court Rule. However, mediation is just one step in the process--the court process requires multiple procedural and legal steps and an experienced family law attorney can help you obtain the most effective and efficient results. I wish you good luck in the process.

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