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Wendy Renee Whitt

Wendy Whitt’s Answers

703 total


  • 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.

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  • 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.

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  • 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.

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  • I need a immigration lawyer to help me and explain the process that it takes to get my wife her green card.

    Her mother brought her over to the U.S. when she was about 9. She had the differed action but it expires at the end of May. Instead of renewing it I'll rather give her a green card. And is there a way that she won't have to go back to Mexico to be...

    Wendy’s Answer

    You should renew the DACA even if you intend to apply for a green card for your wife. It's going to take a lot longer than you expect, and she will have to return to Mexico to receive the immigrant visa.

    She'll need a waiver, and you should not attempt to file it on your own. Seek out an immigration attorney who can help you through the process start to finish.

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  • Can I hire Filipino physical therapists and/or nurses from the Philippines to work in the United States? Is HB-1 or EB-3 proper?

    I want to help other Filipinos come to work in the US health care industry. I'm trying to find a way to help PTs and RNs with immigrating and getting jobs in the USA. I've done a lot of research, but I can't figure out the best route for them to g...

    Wendy’s Answer

    I agree with my colleagues that the EB-3 is often the best option for nurses. If you are seeking to employee these individuals, you should hire an immigration attorney to help you file these petitions. They are not simple.

    If you are looking for immigration options outside of the H-1B program, I've written a free guide at http://www.whittfirm.com/no-h1b-visa/.

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  • I-485 held for review

    after I-485 interview uscis said they conducting security check how long does this takes ....

    Wendy’s Answer

    I agree with my colleagues. It's impossible to tell how long the review will take. It depends on the reason for the review and which agencies are responsible for gathering the information. Here in Dallas, I-485 reviews for those with criminal history usually take 120-180 days. If its a background/security review (for example citizens of Iraq and Iran, a member of a foreign military unit, etc) you might face a much longer wait.

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  • Studying on H-4 with F-1 COS in process?

    My wife is on a H-4 dependent visa and will be starting her Graduate studies on H-4. However, she would like to work in the future and hence will change her status to F-1. Will she be able to apply for a COS to F-1 simultaneously while studyin...

    Wendy’s Answer

    I agree with Mr. Lazzara. The F-1 visa may not be the best option for your wife if her goal is to work in the United States. The new rule for dependent spouses of H-1B visa holders could be the better strategy. See http://www.whittfirm.com/work-permits-for-h1b-spouses/.

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  • Littering in immigration status

    I am an international student holding F-1 visa right now. I was questioned by a police officer at the airport and charged for concealed weapon prohibited. My criminal defense lawyer give me an option to amend this charge to littering and want me t...

    Wendy’s Answer

    You should talk to an immigration attorney about your long term plans for living and working in the United States to make sure your plea doesn't prevent you from achieving your goals.

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  • Can I trade in share market if I do no have a work authorization in US?

    I'm an E3D (dependent) visa holder. I moved to US 3 weeks ago. I'd like to open a trading account and trade in stocks if I'm authorized to. Any help or guidance is highly appreciated!

    Wendy’s Answer

    This day trading question comes up a lot. If these are personal investments, it should not be a problem. If you are making a job out of it, that's not authorized. You are going to want to talk to an accountant come tax time.

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  • Re entry to US on b1 b2 visa with I 130 pending

    Is it safe to re enter US on b1 b2 visa with I130 pending? I entered US in october 2014 and going back in april 2015. Purpose of visiting was to attend nursing conferences and present research abstract. I 130 was filed in february 2014, Spouse...

    Wendy’s Answer

    It's always difficult to judge a person's chances of being allowed to visit while their I-130 is pending. If you have short, infrequent trips to the U.S., a job in your home country, and haven't overstayed or filed a lot of extension requests, you may be able to return for a visit without trouble.

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