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Wendy Renee Whitt

Wendy Whitt’s Answers

703 total


  • Can i apply with a I-130 form for husband change of immigration status

    husband was sent to correctional institute for not reporting to parole officer after being detained for i think 4 DUI, and one possession and back in 2002 he then was sent to immigration because his visa was expired there he signed his deportation...

    Wendy’s Answer

    I agree with Ms. Vaisman's excellent advice. The I-130 is not the real problem. Your husband's immigration record is. Seek help from an attorney.

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  • Non Availability of birth certificate for Green Card processing

    I am from India, I don’t have birth certificate. But I have other birth proof also my Municipal Corporation provided a non-availability of birth certificate. Can I apply Green Card with Birth proof( My secondary admit card) and Non availability of...

    Wendy’s Answer

    India non availability cases are fact-specific, sometimes complex. Take your documents and schedule a consultation with an immigration attorney to find out if they meet the requirement.

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  • After being deported, can a husband come to the US with a permit from a US citizen ?

    In texas My brother in-law husband of a US citizen and with 3 us citizens kids, oldest 13, was arrested for trying to get a Licence with a fake Social security he had court went to jail then release and then to appear in court, he did not show-up ...

    Wendy’s Answer

    He's not going to receive a visitor visa under those circumstances. Make an appointment with an immigration attorney to find out if your circumstances qualify for a hardship waiver. I will warn you that it is difficult, lengthy and expensive process. You won't be able to do it on your own and may need to borrow money from family/friends and have joint sponsors for the fees and support evidence. Good luck!

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  • Can I get a work permit if my brother claims me?

    My brother is a permanent resident waiting to become a US citizen soon. If we file a petition for me can I get a work permit immediately or how long would I have to wait? Also, would I be able to renew that permit?

    Wendy’s Answer

    He can file a petition when he receives his naturalization certificate. You won't get a work permit though. You won't receive any status at all based on the petition.

    Due to backlogs, it will be 10-25 years before you could apply for an adjustment of status. If you are here unlawfully or have overstayed your visa, you are going to have a hard time.

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  • Does anyone have any insight to the release of a USCIS memo today that will allow H1Bs to be processed without certified LCAs?

    I have read many different boards that say the USCIS will be making an announcement by the "end of the week". Does anyone know if this is actually true? or is it simply speculation?

    Wendy’s Answer

    USCIS has said it will make an a decision soon. Stay in touch with your company's immigration attorney and follow his or her advice on this.

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  • Failed to attend oath ceremony

    Good morning. My friend had to attend the oath ceremony after she passed the citizenship exam and interview. She did not go because she was afraid she might lose her job. What is the best way for her to have the oath ceremony rescheduled for her? ...

    Wendy’s Answer

    Your friend needs to reschedule her oath ceremony.

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  • Can I include my daughter(13 Yrs) application for Citizenship along with ours

    We got our GC on Apr 21 2009. My daughter moved to India on 17 Jul 2013 to continue her study there. My wife and I continue to be in US now and apply for citizenship in Apr 2014. Question is a. does my daughter need to be there in US to ...

    Wendy’s Answer

    My colleagues have given excellent advice. Here's my two cents:

    1 - Never, ever, ever ask for legal advice from USCIS. Seriously. Don't. Lives have been ruined this way.
    2 - Don't share such specific case facts and your email on a public website. Instead, schedule a consultation with an attorney in private.

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  • Question on I-130

    Does the USCIS search the vital record to see if the petitioner had previous marriages or not, even if the petitioner claims the he had no previous marriages. Thanks Please note that petitioner is filing for his spouse

    Wendy’s Answer

    That's the wrong question to ask. Here is the right question and answer:

    Q: Must I list all previous marriages on my I-130?
    A: Yes

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  • Do I need any transit visa If I drive to Alaska by car(through Canada from Seattle)?

    I'm not a U.S citizen or a permanent resident, but I have legal documents(EAD, US's driver license and SSN) and still waiting for the decision of the BIA(the IJ had granted me asylum but the government filed appeal). All I want is to travel throu...

    Wendy’s Answer

    It appears you don't have any documents that would allow you to re-enter the U.S. It's best to postpone sightseeing until after you win your case and get the appropriate documents.

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  • Can I apply for asylum if I want to change my religion in an Islamic country where my life could be in danger ???

    because in Islam people who change their religion should be killed

    Wendy’s Answer

    Religious persecution cases are already difficult. Adding voluntary change of religion while inside the U.S. is going to make it even harder. See an asylum attorney in your area.

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