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Mark J Curley
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Mark Curley’s Answers

51 total


  • Petition for parents and siblings.

    I am US citizen petitioning for my father and mother to come to the US. I have 3 siblings under the age of 21 (one will turn 21 in December). My question is if I have to file separate petitions for my siblings as well, or will they be included in ...

    Mark’s Answer

    You have an interesting scenario which presents a great opportunity to educate the general public about our complex immigration system. The petitions that you have filed for your parents (they should each have their own petition) do not include dependents. So, your three siblings will not be included. Therefore, you have two choices: file separate petitions for each sibling or have one of your parents apply for them after your parents become permanent residents.

    You did not indicate your home country, but there is currently a 12.5 year wait for most countries for a sibling visa. For Mexicans, there is a 17.5 year wait and for Filipinos, there is a 23 year wait. If your parents apply for them, for children of LPR's under 21 years, there is an 18 month wait for most countries, but 2.5 years for Mexico. If your sister turns 21 before she receives a visa (ages-out), a petition filed by your parents will automatically move to the 2B category where there is a 7-20 year wait for a visa. Check the Visa Bulletin link below each month for current waiting periods.

    There is still some hope for your sister. If your father becomes an LPR and applies for your sister before her 21st birthday, she could be covered under the Child Status Protection Act (CSPA). There is a complicated formula, based on the length of time that the I-130 petition is pending and the age of your sister when a visa is first available to her, which will determine if she remains in the under-21 category and receives her visa faster or if she must move to the over-21 category and wait many years.

    If your sister is Mexican, you may want to consider filing two I-130's for her; one filed by you and another filed by your father. Then, whichever priority date is current soonest, she can get her visa. This will be especially helpful if your sister ages-out, because the wait for a sibling visa from Mexico is almost 3 years shorter than the wait for an over-21 child of a LPR visa.

    I hope that this information is helpful to you. I highly suggest that you contact an experienced immigration attorney to advise and assist you. Our office conducts telephone consultations and handles cases for immigrants anywhere in the U.S.

    Good luck,
    Mark

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  • Immigration benefit for uncomplied voluntary departure

    I have voluntary departure last 2012 and been married with my spouse (same sex) last 2013. If ever the immigration reform gets approved will I benefit from the reform? Do I qualify as one of the undocumented as stated in the bill?

    Mark’s Answer

    Following the demise of DOMA, married same sex couples are eligible for immigration benefits. If you were legally married in a state which recognizes same sex marriage, regardless of your state of residence, AND your spouse is a U.S. citizen, you would be eligible for a permanent visa (green card). The heading of your post indicates that you did not leave the U.S. before your voluntary departure expired. In that case, you might be able to get your removal case reopened with an approved I-130. You really need to consult with an experienced immigration attorney about your options.

    Regarding possible executive action or immigration reform, no one can tell you how it will affect you until either the President or Congress acts. We need to know how the law or regulations will be changed. If anyone tries to tell you otherwise, do not believe them.

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  • Baby due in October and with an abusive would been ex husband, etc... but she is an illegal immigrant ask to leave country

    I'm in need of help with getting paternity, custody of child she has for awhile been ask to leave country and is also back with what would of been ex husband due to his, abusive behavior, neglected, his 2 children he abandoned her and kids on ma...

    Mark’s Answer

    I am not clear on the facts of your case, but I would agree with the other attorneys that you need both a good family law attorney and a good immigration attorney. I practice in Omaha. Contact me if you have questions.

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  • Hi,I want to sell my art in etsy.com and saatchionline.com. i guess that wont be above $20000 or 200 items.

    I am on J-2 visa and I dont have any work permit.Can I do that?Is that legal.or can I do it on my husband's name(J-1 visa).I guess there is no need to fill 1099 form ,if we sell less than $20,000.can you clarify my doubts? Thanks.

    Mark’s Answer

    Why not apply for a work permit? Doing so would solve your problem. You are eligible for a work permit as a J-2 dependent.

    You may have issues with selling the art in your husband's name as it might violate his J-1 status.

    You may also want to consult a tax professional since form 1099 is not normally used in this context.

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  • Hi, if I am filling out the i-130 form, do I need to fill out the i-864 form? Are there any other forms I need to fill out?

    I am filling out the i-130 form for my brother in India. Thank you in advance!

    Mark’s Answer

    You do not need to submit a form I-864 with the form I-130, but you will need to complete the affidavit of support at a later date. When a visa is available for your brother, in about 15 years, he will apply for his permanent visa at the U.S. consulate. During that process, you will need to complete a form I-864 and demonstrate proof of your income at that time.

    Remember that only U.S. citizens can file form I-130 for siblings.

    Good luck!
    Mark

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  • I am in H-4. If I enroll to university, will I be eligible for F-1 Visa? Or will I be under F-2?

    I am in H-4. If I enroll to university, will I be eligible for F-1 Visa? Or will I be under F-2?

    Mark’s Answer

    I agree with Mr. Capriotti that you would be in F-1 status, but another consideration in deciding whether to change status is that only F-1 students receive CPT and OPT which would allow you to work and gain some experience both during your education (internships) and after graduation. F-1 students can also work on-campus for up to 20 hours per week.

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  • Can I Apply for the dream act and be eligible if I am still in high school but have not graduated yet but I am in my way to grad

    I am in high school at the moments and want to apply for the dream act. would me not graduating yet affect my eligibility to apply or to be approved?

    Mark’s Answer

    Deferred Action for Childhood Arrivals (DACA) requires that you have graduated from high school, have a GED, or be in school at the time of applying. So, if you are in high school now, that satisfies one of the requirements.

    You must also have entered the U.S. before age 16; been physically present in the U.S. on June 15, 2012; no significant criminal history; under the age of 31 on June 15, 2012; and been residing continually in the U.S. since before June 15, 2007.

    Please contact an experienced attorney to assist you if you have additional questions.

    Good luck,
    Mark

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  • Changing visa from B2 to F2

    Hello, my boyfriend is currently working in the US on OPT. We are planning to get married but we're not sure how it works. Would I have to enter the country with my B2 visa, apply for a marriage license, get married and then apply for a change of ...

    Mark’s Answer

    Congratulations on your engagement! After your wedding, you can apply to change your status to F-2 which will be valid as long as your soon-to-be spouse is in a valid F-1 status. His employer will need to apply on April 1st for his H-1B and, when it is approved, you will need to apply for another change of status to H-4 which will become valid on October 1st when your husband's H-1B status becomes valid. As mentioned by other attorneys, you should probably speak with an experienced immigration attorney about this process. Good luck!

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  • I am currently on H1B and got married (over 6 months ago) in the US. I went by the Social Security Office to change my name.

    I was told to wait 10-12 days I will receive a new card in the mail. Called almost a month after as was told its pending DHS verification then I will get it. I don't know if they are going to send it. I wanted to apply with my new name in my H1B e...

    Mark’s Answer

    Congratulations on your marriage! Since DHS does not have a record of you getting married, I doubt that SS will be able to verify anything through DHS. You do not need a new SS card, however, to use your married name when you apply to extend your H status. Your SS number will always stay the same. Simply send in a copy of your marriage certificate with your I-129 and request your married name on your new I-94 form. Then, go back to SS and request a new card so that you can update your driver's license. Good luck!

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  • U Visa Adjustment - Three years of continuous presence for derivates

    I have been in U visa status for the last three years and I'm eligible to file the I-485. My wife and child came to the US two years ago as derivatives of my U status. Can all three of us file I-485s now, or do my wife and child need to wait until...

    Mark’s Answer

    Each applicant must satisfy the requirement of 3 years of U status before applying for adjustment of status. So, you can apply now and your wife and child can apply after they have been in U status for three years. Good luck!

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