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Sebastian Jose Simon

Sebastian Simon’s Answers

26 total

  • If a B 2 visa filed 6 months extension and approved. And then unfortunately overstayed visa after 6 months...

    Does that have any consequence on eligibility or qualification on application on adjustment of status? Because it violates the 6 months status. Does that considered a criminal record that would affect qualification on adjustment status?

    Sebastian’s Answer

    I agree. It does have an effect on a possible application for adjustment status. However, you may still be able to adjust if you are the immediate relative of a United States citizen.

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  • How many months will take to get my EAD after 150 days pending asylum case?

    I have applied for asylum and still my case is pending at the USCIS LA office without any decision. I applied for EAD after completion of 150 days but I've been waiting for 5 weeks and no news about my EAD. This really sucks and very difficul...

    Sebastian’s Answer

    It varies but it's usually around 3 months.

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  • What is the 10 year cancellation i have been usa in 13 years i have 3 kids usa citizen can i apply 10years cancellation

    hi i have been usa 13 years i have 3 children who are usa citizen they are 6,4years and 9 months , my 2 old kids they go speech thearapy i am wondering can i apply 10 years cancellation? what is 10 year cancellation?

    Sebastian’s Answer

    This is not something you can request affirmatively. You would have to be in removal proceedings in order to apply for cancellation of removal. And even then, you will have to meet other requirements in order to be granted that kind of relief.

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  • I have b1b2 tourist visa.is it right i have to wait 2 months before getting married my american fiance? why?

    i used to visit my fiance in US every 3 months since a year ago and each visit i stay 1 month in US this time we planned to get married why to wait 2 months our friends advise us n tell that may be i deport if i marry before 2 months cause i'm on ...

    Sebastian’s Answer

    A tourist visa is a nonimmigrant visa that allows you to come to the US to visit and then return to your country. If you came on a tourist visa knowing that you were going to marry an American citizen and then apply for a green card that would be a violation of US immigration laws. However, if you came to the US to visit and later on your plans changed, then you might be able to argue that you did not violate any immigration laws since your original intent was to visit the US temporarily. It all depends on the specific facts of your case (what your intent was).

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  • My spouse is in the U.S Illegally, he entered the us at the age of 2, he's now 26, he has an approved I-130 petition from 1998.

    His step dad filed that petition but passed away. Since it's been so long should I file a new one, he has no family in his home country, so we're definitely seeking legal advice/ help. We have an 8 year old son. What do I do? I'm so scared and fru...

    Sebastian’s Answer

    • Selected as best answer

    I appears that he should be able to adjust status under section 245i of the INA, since he is the beneficiary of a petition filed before April 30, 2001. All this assuming that you are a United States citizen and that he is otherwise eligible to become a permanent resident (For example, if he has committed a crime that might or might not affect his eligibility for adjustment of status).

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  • Can my wife apply for my residency?

    I entered the united states legally 20 years ago and i am still undocumented. my brother as already applied for my legalization but there have not been enough slots available for me. my wife is only 18 can she apply for me?

    Sebastian’s Answer

    If you came to the US legally and you're married to a US citizen, you should be able to apply to become a lawful permanent resident, assuming that you meet all legal requirements. If you left the country and came back illegally, some bars might apply. The same if you have a criminal history.
    You should talk to an immigration attorney.

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  • Can i fix my second husband legal residence if he's still living in mexico after my first marriage failed?

    i divorced my first husband (brazil) before i could finish helping him become a permanent resident. we did everything but the last step for him to get his residency. now my current boyfriend lives in mexico. we want to get married and i want to br...

    Sebastian’s Answer

    If the reason your first husband didn't get a green was just because you divorced him, generally that shouldn't affect this new application for your current boyfriend.

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  • My husband is from Mexico and his visa has expired, what do we need to do? I am an American citizen bein that I was born in Va.

    My husband is from Mexico and his visa has expired, what do we need to do? I am an American citizen bein that I was born in Va.

    Sebastian’s Answer

    If you're an American citizen, you can file a petition for him. Generally, when someone comes to the US with a visa, that person can adjust here in the US if petitioned by a USC spouse. If he meets other legal requirements, he might be able to become an LPR in the US.

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  • Overstayed visa

    I am 20 years old and going to get married on november to my boyfriend whos visa expired this month. I have many question.here is his case he worked here in the united states and never did his taxes because he was scared his visa might be revoked....

    Sebastian’s Answer

    Are you a US citizen? If so, based on the facts you described, he won't have to leave the US even though his visa expired. You're supposed to make enough money to support him based on the poverty guidelines. If you don't, you'll have to get a joint sponsor. As I always suggest, talk to an immigration lawyer.

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  • Immigration

    im 16 years old and i have been here in the stated since 1997 my father has been a resident since 1987 but cant become a citizen because he has some other legal problems but is there anything i can do why should i be punished for what someone els...

    Sebastian’s Answer

    Has your dad or anybody else ever filed a petition on your behalf?

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