Annie Banerjee's Answers

Annie Banerjee
Sugar Land Immigration Attorney.
Contributor Level 8

3

Attorney answers:

  1. Annie Banerjee
  2. Eli Zev Ilionsky
  3. Danielle L C Beach

Will I face deportation and be denied adjustment if we file for divorce after 2 years of marriage

Asked by a user in Houston, TX - over 3 years ago.

Depends on whether you entered the marriage for immigration benefits or was it a real marriage. Why did your husband leave you? Need more facts to answer whether you will be granted the Removal of Condition

3 people marked this answer as helpful

2

Attorney answers:

  1. Elaine Martin
  2. Annie Banerjee

H1B validity question

Asked by a user in Houston, TX - about 3 years ago.

Your H-1b status expired the day you quit your job. You can reinstate that status with a new employer. However if you don't have a new H-1B approval, please get a visitor's visa, if you want to enter the US to look for a new job.

2 people marked this answer as helpful

1

Attorney answers:

  1. Annie Banerjee

Urgent - H1B to H4 & H4 back to H1B

Asked by a user in Houston, TX - over 3 years ago.

She will get the full 6 yrs on H-1B, (not counting the H-4 period). She will not need to go to the CAP again, and as soon as she find an H-1B employer, she can convert back to the H-1B status. She just has to wait until the H-1B is approved before she starts work.

2 people marked this answer as helpful

2

Attorney answers:

  1. Annie Banerjee
  2. Karin Wolman

Form I-864, affidavit of support, only have 1 year tax returns

Asked by a user in Houston, TX - over 3 years ago.

One year is enough as long as the petitioner is still employed and his/her income for last year was above the poverty limit.

2 people marked this answer as helpful

3

Attorney answers:

  1. Annie Banerjee
  2. Thuong-Tri Nguyen
  3. Michael Harold Sharon

Resident absence from USA more than 5 month

Asked by a user in Houston, TX - over 3 years ago.

There is a presumption that you are abandoning your permanent residency if you are absent for more than 6 months and definitely if its more than 1 year. File a returning resident permit before you leave, (form I-131). This will also require a fingerprinting, so its probably better to do this at least 3-4 months BEFORE you leave.

2 people marked this answer as helpful

3

Attorney answers:

  1. Annie Banerjee
  2. Thuong-Tri Nguyen
  3. Philip Alan Eichorn

US Citizenship

Asked by a user in Houston, TX - over 3 years ago.

I agree with all the above answers. Also remember if you cannot file and get citizenship from your mother through N-600, you may still be able to file an N-400 and get citizenship though your residency status.

1 person marked this answer as helpful

1

Attorney answers:

  1. Annie Banerjee

Deporting immigrants who falsify documents/information.

Asked by a user in Houston, TX - over 3 years ago.

In order to get his Permanent Visa, he had to have gone to a doctor, certified by the CIS, and gotten a health report. Obviously the doctor cleared him. Simply because you do not approve of his lifestyle does not mean he has AIDS, etc. One cannot lie about their health condition, a doctor checks them.

1 person marked this answer as helpful

4

Attorney answers:

  1. Annie Banerjee
  2. Nikiki Tavia Bogle
  3. Kevin Lawrence Dixler
  4. Amy L Becerra

Is it possible to withdraw immigration petition after divorce with immigrant

Asked by a user in Houston, TX - over 3 years ago.

Write to both the USCIS office in Chicago (National Benefits Center), and the Houston District Office. But you do need your I-130 receipt notice, otherwise the USCIS will not be able to match up your case with the file. So ask your lawyer for a copy of your petition, since it is your petition, you have a right to that petition. So write a letter to your lawyer asking for the file, and you should be able to get it.

3

Attorney answers:

  1. Annie Banerjee
  2. Thuong-Tri Nguyen
  3. Michael Harold Sharon

IMGRATION

Asked by a user in Houston, TX - over 3 years ago.

Agree. Need more information.

2

Attorney answers:

  1. Annie Banerjee
  2. Stuart Jonas Reich

I-130 Approved Petition issue

Asked by a user in Houston, TX - over 3 years ago.

No, you don't need to file another. There may be several reasons why this is taking a long time. For instance visa numbers may not be available. You will need more facts.