Kamlesan Naidoo’s Answers

Kamlesan Naidoo

Richardson Immigration Attorney.

Contributor Level 10
  1. I just became a U.S citizen. How can I sponser my wife?

    Answered 9 months ago.

    1. Kamlesan Naidoo
    2. Meghan Anne Abigail
    3. Susannah E. Nichols
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    She would be eligible as an immediate relative. The fact that she made a legal entry will make a huge difference in that she will likely be able to obtain residency in the US without having to leave and visit a consulate. That being said, you need to consult an attorney and have them exam the entire history of her stay in the US to ensure there is no issue. I am in Richardson.

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  2. IMMIGRATION. How can I get legal status in America without having to marry someone?

    Answered over 1 year ago.

    1. Parva Fattahi
    2. Kamlesan Naidoo
    3. Eric Edward Rothstein
    4. Samuel Patrick Ouya Maina
    4 lawyer answers

    Consult with an immigration attorney to see what your options are. You might not be able to do anything at this moment but will be informed of any possible future options and the process.

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  3. Green card...marriage...

    Answered almost 2 years ago.

    1. Kamlesan Naidoo
    2. Alena Shautsova
    3. Obadan Unuigbojie Iziokhai
    4. Giacomo Jacques Behar
    5. Irene Vaisman
    6. ···
    6 lawyer answers

    The Officers are well aware of the various customs of different cultures, especially arranged marriages. They have handled enough of these cases to be able to weed out fraudulent marriages. If you have a well prepared case (documentation) and if your interview does not turn up anything suspicious that could lead the officer to believe that the marriage was not entered into in good faith, you should have no issues. Good luck.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Applying for US citizenship based on 5 year rule.

    Answered almost 2 years ago.

    1. Christian Schmidt
    2. Alena Shautsova
    3. Kamlesan Naidoo
    4. Maria Isabel Cueva
    4 lawyer answers

    I am assuming that since you are filing for naturalization that you have already obtained full permanent residency and have passed the Conditional Residency stage. The legitimacy of your marriage should not be an issue but be sure to include copies of your tax returns. It would serve dual purposes as evidence of having maintained residence (one of the factors at least) and jointly filed tax returns (legitimately married). The officer at your interview may bring this up but if you married in...

    7 lawyers agreed with this answer

  5. Green card based on Marriage

    Answered about 2 years ago.

    1. Kamlesan Naidoo
    2. Alice Antonovsky
    3. Jorma Cavaleri
    3 lawyer answers

    Consummation of the marriage is one factor that may be considered. It in and of itself would not be the determining factor. The immigration officer will examine the details of your case and make a decision on the totality of the facts. As long as he/she determines that the marriage was entered into in good faith, you should be able to prevail. Keep in mind though that each case is different so I would strongly advise you to consult with an immigration attorney and have them go over your case.

    7 lawyers agreed with this answer

  6. Can we bring wife on B2

    Answered almost 2 years ago.

    1. Kamlesan Naidoo
    2. Giacomo Jacques Behar
    3. Isaul Verdin
    3 lawyer answers

    This would be extremely risky as her intent entering the country as a visitor could be questioned. Even if you did try your suggested plan, you would still need to be able to establish that you maintained your H1 status and might not be able to do so if your lack of pay stubs are due to lack of employment. Also, keep in mind that your spouse would have to obtain a B2 visa which maybe hard since she would have to convince a consulate officer that her intent is to return to her home country....

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  7. Do I still need to do the waiver for the i-30 application if im protected by the deferred action law.

    Answered over 1 year ago.

    1. Kamlesan Naidoo
    2. John Ting
    3. Brian Rhodes
    4. J Charles Ferrari
    5. Jorge Luis Delgado
    6. ···
    6 lawyer answers

    Your DACA is only valid for a 2 year period, is not a visa and does not confer any status to you. If you obtain a provisional waiver and all goes well, you will receive residency, an actual resolution to your current situation. I would consult with your attorney handling your provisional waiver/relative petition. Hopefully you are using an attorney as it is a complicated process.

    5 lawyers agreed with this answer

  8. Overstay on j 1 visa for 2month, then have leave us. Can 1 reapplied for j 1 or will they know I overstay even not return i94.

    Answered over 1 year ago.

    1. Wendy Rebecca Barlow
    2. Kamlesan Naidoo
    3. Alexander Joseph Segal
    4. Madhu Kalra
    5. Brian Christopher Schmitt
    5 lawyer answers

    You did not overstay long enough to face any reentry bar. Staying out 2 years has probably also satisfied your home country residency requirement, if it applied. Most consulate officers will likely not have an issue with your case. They may inquire though as to your reasons for overstaying and use that to determine whether to issue you the visa you are applying for.

    6 lawyers agreed with this answer

  9. Can I lose my green card if I get a divorce after 7 months of marriage?

    Answered over 1 year ago.

    1. Rehim Babaoglu
    2. Parva Fattahi
    3. Kamlesan Naidoo
    4. Samuel Patrick Ouya Maina
    5. Jose Antonio Moreno
    6. ···
    7 lawyer answers

    Sorry to hear about your situation. As long as your marriage was entered into in good faith and as long as your divorce is finalized prior to your I-751 being decided, you very likely can have the conditional status removed and obtain full fledged residency. Depending on the level of abuse, you could also possibly have the makings of a VAWA (Violence Against Women Act) case. You may need to consult both an immigration and family law attorney to assist you.

    6 lawyers agreed with this answer

  10. Extension of B-2 visa

    Answered almost 2 years ago.

    1. Giacomo Jacques Behar
    2. Kamlesan Naidoo
    3. Stephen D. Berman
    4. F. J. Capriotti III
    4 lawyer answers

    If you can document medical necessity and/or that the treatment she is receiving is not available in her home country, then you could file for an extension. You will need documents from the hospital, doctors, etc. verifying and confirming her treatment. Ultimately, it is still in the hands of the Officer deciding the case as to whether they are satisfied that she has maintained nonimmigrant intent. You should contact an immigration attorney to assist you. Good luck and I hope she has a fast...

    6 lawyers agreed with this answer