Skip to main content
Wendy Renee Whitt

Wendy Whitt’s Answers

730 total


  • I-130 approved, 864 paid for, unable to pay for IV application and continue with DS260

    On the NVC website I was able to pay the fee to file the affidavit of support but it will not allow me to pay for the immigrant visa application. How to pay for the IV? Also my wife (the applicant) is in her home country and I am not sure...

    Wendy’s Answer

    The NVC fee system has had a lot of issues this week, and you may need to email them for technical support on the immigrant visa fee.

    Filing the right documents in the right place is more complex. You should work with an attorney experienced in consular processing to avoid lengthy delays and worry.

    See question 
  • Do the U visa certifying agency has right to withdraw sup. B because the victim is a target of ongoing criminal investigation?

    I have received my U Visa NOID, It was really astonishing that the VSC stating the reason as withdrawal of supplement B by certifying agency (Police Department) ! The most surprising part is that the Police department gave simply the reas...

    Wendy’s Answer

    You need to talk to your immigration attorney. Perhaps he or she can work with the police officer to get the decision to withdraw overturned. You may also need a criminal attorney if there really is an investigation pending.

    See question 
  • H1B Cancelled by Employer. What options left for me to stay in USA?

    My employer filed H1 last year and it was approved on Sep 2014. Till then i was searching jobs. But due to C2C options, Location constrains, Employer request to sign Bond for 2yrs, I couldn't responded to them properly. They asked me to go to come...

    Wendy’s Answer

    You have some alternatives, here are 10: http://www.whittfirm.com/h1b-problem/. Since you are not in status, you need to explore your options and talk to an attorney right away.

    See question 
  • My son applied for 'Status adjustment' i.e. I-485 for me and my wife(his mother) last June'2014. Our Priority date is 06/10/2014

    we did receive our Advance Parole and EAD as also 'Potential Interview waiver' letters on 09/25/2014 for both of us. Now it is more than 11 months but 'Green card' not received. Telephonic query from USCIS today i.e. on 05/14/2015 revealed that ca...

    Wendy’s Answer

    Many of these cases are taking more than 12 months, so there's probably not a problem with your case. However, depending on when you did your medical exam, it may expire before your case is adjudicated (the medical exams expire after a year). This will result in a request for evidence once USCIS catches it, and may unfortunately result in further delays.

    See question 
  • Can i get sponsored for a green card by my american future wife while on a tourist visa ?

    My girlfriend lives in California, she is an american born citizen and we want to get married this summer in Las Vegas, i am french and i will be there on a tourist visa. My question is : can she sponsor me to get my green card while i'm ther...

    Wendy’s Answer

    I'm so glad you asked this question here before making definite plans. You are about to make a serious mistake because you are planning immigration fraud. I've written an article about this very issue at http://www.whittfirm.com/dallas-immigration-lawyer-can-my-fiancee-marry-me-on-a-tourist-visa/.

    See question 
  • My husband does not make the minimum income required to sponsor my Green Card. But his brother is willing to sponsor me.

    I filed all my green card paperwork. I got a letter back from the government saying my husband does not make enough currently to support me. They are suggesting I get a Joint Sponsor. My husbands brother is willing to sponsor my visa. His br...

    Wendy’s Answer

    The I-864A is the wrong form for the Joint Sponsor. Your Joint Sponsor is going to need an entire Affidavit of Support package of his own, including all necessary financial evidence. Get an attorney to complete this for you, it's going to save you a lot of time and worry.

    See question 
  • My brother was in the US under refugee status from 08-09.he left the US without applying for re-entry visa. how he can get visa

    my brother is a citizen of Iraq and have a residency in Jorden, he have been in the US under refugee status from Aug 08- March 09, he have SSN but he left the US without applying for re-entry visa. Now he wants to come back to the US and settle do...

    Wendy’s Answer

    I work with a lot of Iraqi refugees, and I've seen this happen often. There's little that can be done. Your brother had refugee status and abandoned it. He's been gone too long to qualify for a travel document to return.

    He's not eligible to apply to the U.S. as a refugee again. His only hope is family sponsorship. You could sponsor him (if you are a U.S. citizen) but it will take a good 10-20 years before he receives a visa. Consult with an immigration attorney to find out if there are any other options for him.

    See question 
  • After the embassy revokes an approved petition, what can we do

    My wife filed a petition for me to join her in the Us. After my first interview I was told I needed to do a DNA test to prove am the father of our son. I attended another interview after the DNA results were received but was told I wasn't the fath...

    Wendy’s Answer

    I agree with my fellow Texan Mr. Morrie Nourian. You've got much bigger problems than the DNA test. The U.S. government suspects you of fraud, and this result will have a life-long impact.

    You need to start working with an attorney on this ASAP before things get worse.

    See question 
  • Sponsoring parents for green card

    I am a US citizen who wants to bring over my mother and father. I understand we can apply for them while they're still outside the US by consular process or adjust status if they are already here. My father was thinking to come first to try and g...

    Wendy’s Answer

    I'm glad you asked this question here before you did anything. If your father enters the U.S. on a tourist visa with the intention of skipping consular processing, it's considered immigration fraud. These are the type of mistakes that complicate the green card process and lead to heartbreak.

    See question 
  • How do I change from a B2 visa to a M1 visa?

    I just got to the US. I am support to be here for 6 months, but I want to stay and go school. I am thinking about the M1 visa. How do I get this? Thanks

    Wendy’s Answer

    I think you may be asking the wrong question. The question you should be asking is "Should I Apply to Change My Status to M1 to study in the US?" And that question is a lot harder to answer without knowing about your situation and your academic goals. I know it seems like it would be easier to stay in the U.S. to change status, but that isn't the best strategy for a lot of prospective students. Talk to an attorney before you file anything.

    See question