Skip to main content
Mark Robert Barr

Mark Barr’s Answers

1,453 total


  • Do I qualify for DACA under 2nd preference? I was 19 when I came to the country in 2009 and lost my status in 2010.

    I came with an F-1 visa at 19, got out of status in 2010 for leaving school, denied a green card in 2012 for false claim of citizenship. So what are my chances?

    Mark’s Answer

    If you were 19 when you first began living in the U.S., then you do not qualify for DACA, under the original plan or the expanded scheme.

    See question 
  • If my I-130 petition was filed by my permanent resident mother, does the CSPA hold for me?

    Is there any difference in CSPA if I-130 was filed by a permanent resident parent rather than a US citizen parent?

    Mark’s Answer

    • Selected as best answer

    Yes, there is a difference.

    If your mother was a USC and filed an I-130 for you before you turned 21, then you will forever be considered a child for purposes of seeking residency on the basis of that petition (as long as you remain single).

    If your mother was an LPR and filed an I-130 for you before you turned 21, then you might still be considered a child for purposes of seeking residency on the basis of that petition if:

    * your actual age at the time a visa first became available minus the amount of time the I-130 was pending is less than 21; and

    * you sought to acquire residency within one year of a visa first becoming available.

    See question 
  • Calculating CSPA age for my son.

    My sister filed for a F4 VISA for our family. We got a letter stating our priority date as 07 June 2004. This letter was received on 09 June 2010. We got another letter asking us to start our VISA process on 22nd June 2015. It ha...

    Mark’s Answer

    When was the I-130 approved?

    What country are you from?

    See question 
  • How can I help my parents back to the US?

    My parents lived 25 years in the US before they got sponsored. When they went for the interview they were unable to returned. I was born here and has turned 21, can I sponsor my parents now?

    Mark’s Answer

    Where are your parents now? Are they still in the U.S.? If they have left the U.S., when did they leave? And what status did they have in the U.S. before they left?

    See question 
  • Has my grandson aged out of CSPA? If not, does his age freeze when the Priority Date becomes current and for how long?

    I filed a petition I-30 for my son in India in March of 2004 for him and his family to come to the US. His Priority Date of March 2, 2004 became current on June 10, 2015 for F3 Category for India. My concern is my grandson. According to my calcula...

    Mark’s Answer

    I believe the visa became current on July 1, 2015. The July Visa Bulletin might have been released on June 10, 2015, but the F3 category didn't become current for an India F3 with a PD of 3/2/2004 until we actually got into July.

    See question 
  • I am Syrian National, entered the USA on 2nd of June 2015, and I want to know if I can apply for TPS.

    I came to the United States on 2nd of June; I entered the country using a visitor visa B1/B2. And I currently live in North Caroline. I have obtained the visa from Doha City; the State of Qatar, where I was working. I was informed via email t...

    Mark’s Answer

    If you don't currently have TPS from Syria, then I believe you entered the U.S. too late to qualify for TPS.

    http://www.uscis.gov/news/news-releases/dhs-announces-18-month-redesignation-and-18-month-extension-temporary-protected-status-syria

    See question 
  • What do I need to do before turning 21 in order to use CSPA?

    My I-130 petition is pending with the USCIS. When the petition was filed, I was under 21 years of age and fell into the F2A preference category. Now that I am turning 21 next month, the category applicable would be F2B (with petition still pending...

    Mark’s Answer

    You won't know yet if the CSPA will apply to your case or not.

    Assuming the I-130 is eventually approved, you're going to take your real age on the day that your priority date becomes current, meaning that a visa in that preference category is available to you.

    Then you're going to subtract from your real age the amount of time that the I-130 was pending. This will be your CSPA age.

    If your CSPA age is less than 21, then you have a year in which to pursue residency. If you fail to start the residency application process within a year of a visa first becoming available, then you will lose the protection of CSPA.

    If, on the other hand, your CSPA age is 21 or over, then you won't be covered by the CSPA and you'll need to wait until your priority date in the 2B category becomes current.

    See question 
  • My husband was appved for his I130 but had signed a voluntary departure-didn't go, he then Got a I 294, can he still get papers?

    On his I294 it says 10 year bar, he is now in mexico. We want to know if it is worth getting an atgor ey or is there a form I can fill out myself? His I130 was approved back in 2013 and we never heard anything after that. I go online and search un...

    Mark’s Answer

    If, and when, your husband can come back to the U.S. will depend on a host of factors not revealed in your question, including:

    * his history of entries to and exits from the U.S.;
    * his history of past encounters with immigration officials;
    * the length of time he was in the U.S. previously, and in what status (or lack of status);
    * his criminal history;
    * instances in which he might have misrepresented important facts in order to get certain benefits;
    * his family history.

    The range of possible outcomes vary from a lifetime, unwaivable bar to ever coming back lawfully to the U.S. as an immigrant, to a simple application for an immigrant visa.

    I wouldn't be surprised if his situation fell in between those two extremes, with an ability to come back to the U.S. on the basis of your visa petition, but with the need for a waiver of inadmissibility due to his past unlawful presence and deportation order. However, as mentioned, one would need a LOT more information before his situation could be accurately analyzed.

    I would strongly urge you, at a minimum, to have an in-depth consultation with a reputable immigration attorney in your area. She can explain the full range of options that are available to your husband. At that point, you can make an intelligent and knowing decision about whether you want to retain an attorney to help you in pursuing any of those options.

    Best of luck. I'm sorry your family is facing this tough situation.

    Mark

    See question 
  • Can you adopt a special needs 21yr. old when they will be dependant for life?

    Lesbian couple, Australian with dependant autistic daughter and USA citizen,gay marriage not recognised in Australia.Can bring partner but not daughter to Colorado.Special circumstances?

    Mark’s Answer

    The U.S. citizen will not be able to petition her partner's daughter for U.S. immigration benefits either through marriage (because the child needed to be under 18 at the time the step-relationship was formed), or through adoption (because the adoption needed to take place before the child reached 16).

    Therefore, the path to U.S. residency for the child would have to go through the Australian partner. Doable, but with long waiting periods that would make thinks difficult to manage in light of the child's medical needs.

    Couple would get married in a jurisdiction that recognizes same-sex marriage (like Alabama, or Mississippi!). U.S. citizen would sponsor Australian spouse for residency. Once Australian became a lawful permanent resident she could petition for her adult daughter. However, the daughter would need to wait several years between the filing of her mother's petition and visa availability--currently about 7-8 years.

    So, if the couple wanted the daughter to be in the U.S. while they awaited visa availability, they would need to find a way to bring the daughter to the U.S. in some nonimmigrant category, which could be very difficult in light of her special needs. As one of my colleagues suggested, perhaps humanitarian parole is an option--although that is generally not an acceptable strategy for circumventing normal visa procedures. This is a tough situation.

    See question 
  • How can I appeal for a denial that took place a year ago for my green card? Although i had my interview last October?

    Hi I got married to Canadian that became American last year, i went for my interview on October 2014 one week before my husband's Oath Ceremony and I got the approval for I-797 after waiting over 6 months now, finally they told me we sent you a de...

    Mark’s Answer

    What was the stated reason for the I-485 denial?

    See question