Igor Serbinin’s Answers

Igor Serbinin

Boulder Immigration Attorney.

Contributor Level 11
  1. IF I'M MARRIED TO AN ILLEGAL SPOUSE WHAT APPLICATION DO I NEED TO SUBMIT TO FIX HIS PAPERS IN THE U.S?

    Answered about 1 year ago.

    1. Igor Serbinin
    2. KiKi Maria Mosley
    3. Stephen D. Berman
    4. Rebekah Bell Rodriguez
    5. Gintare Grigaite
    6. ···
    7 attorney answers

    If you are US citizen you can file Petition USCIS Form 1-130 and Application USCIS Form I-485. Pay fees and submit all supporting documentation that will be listed on the instructions for these two forms. You should consult with immigration attorney prior to submitting anything to determine whether your husband is eligible to adjust status in the United States. There are many reasons that if he is not eligible he can be placed in removal proceedings and you will end up spending a lot more money...

    9 lawyers agreed with this answer

  2. Tax breakdown for a multi member LLC?

    Answered 7 months ago.

    1. Todd N Hallock
    2. Igor Serbinin
    3. Christopher Michael Larson
    4. Evan A Nielsen
    4 attorney answers

    I agreed wit Todd and can add that generally with $75k income it is probable not worth the additional paperwork associated with S Corp reporting requirements. And again, too many factors play into this decision. Get a lawyer to look at it, it is worth coupla hundred bucks.

    10 lawyers agreed with this answer

  3. Is that true that USCIS may command to reopen my case when I apply for the US citizenship 5 years later!?

    Answered 10 months ago.

    1. Igor Serbinin
    2. David Eli Larson
    3. Robert West
    4. Suzan deSeguin-Hons
    4 attorney answers

    Wait 5 years and be good. Aside from the fact that DUI could be an inadmissible offense you need 5 years of showing of Good Moral Character (GMC) in order to be eligible for naturalization. Denver USCIS will not find your GMC based on DUI conviction within 5 years preceding naturalization application. Renewal of expired green card is not application for admission which is the reason probably you were not issued immigration charges by USCIS already. However if you leave the country you can be...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Will applying for medicare/medicaid affect our naturalization process. I am the only source of income and I make $30,000 a year?

    Answered about 1 month ago.

    1. Igor Serbinin
    2. Danny Garmo
    3. James P. Frederick
    3 attorney answers

    No problem, go straight ahead. This will not negatively affect your GMC (good moral character) requirement for naturalization application. Don't forget file for your tax returns though ....

    6 lawyers agreed with this answer

  5. With cannabis on my uk police record will my green card be denied

    Answered 4 months ago.

    1. F. J. Capriotti III
    2. Amber Lynn Blasingame
    3. Samuel Patrick Ouya Maina
    4. Igor Serbinin
    5. Ian Edmund Scott
    6. ···
    6 attorney answers

    Consult with AILA removal specialist prior to applying. Finding of inadmissibility does not require actual conviction. It is a stretch for USCIS to deny your application based on your limited facts but thorough analysis is definitely needed.

    6 lawyers agreed with this answer

  6. I had a second interview yesterday after the IO he dont stamp my passport ????? is normal or something wrog ????

    Answered about 1 year ago.

    1. Paul DeWitt
    2. Igor Serbinin
    3. Robert West
    4. J Charles Ferrari
    5. Alan M Lubiner
    5 attorney answers

    They don't stamp I-551 in your passport unless you ask them via InfoPass appointment in Denver anymore. It is unclear if you pass the interview or not from your facts. Two things can happen: They send you NOID (notice of intent to Deny) then you will have to reply with defenses within 30 days or so ( in this case you need an attorney for sure). Second thing that can happen they can send you a welcome notice of approval of your residency and your "green card". Less likely they can also send you...

    6 lawyers agreed with this answer

  7. Hi. My 601 and 212 waivers just got approved. What are the chances I will be issued a Visa?

    Answered 8 months ago.

    1. Igor Serbinin
    2. Laura L Lichter
    3. Philip Alan Eichorn
    4. Giacomo Jacques Behar
    4 attorney answers

    You should be good to go unless they discover something not disclosed in your application for a waiver or you did something raising another inadmissibility issue in between.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Will my Husband face the 10 year ban? Left before AP was issued. Family member was passing.

    Answered 3 months ago.

    1. Igor Serbinin
    2. Sidhartha Singh
    3. J Charles Ferrari
    4. Stephen D. Berman
    4 attorney answers

    Worst case scenario you will need to file a waiver of unauthorized presence and apply for immigrant visa at US consulate at his country of residence. It will cost you a few thousand dollars and you will be better off if hire an immigration attorney to handle preparation of the waiver.

    Selected as best answer

  9. Lost my approval notice for H1B I797 and i94 (that is attached to the petition) What are my options?

    Answered 8 days ago.

    1. Igor Serbinin
    2. Alexander Joseph Segal
    3. Giacomo Jacques Behar
    4. J Charles Ferrari
    4 attorney answers

    I-94 will not be on duplicate I-797C approval notice for your H1B if you request it through i-824. It makes sense to file I-824 anyways as prove of status. The copy of your I-94 can be requested either through FOIA (freedom or information act) request (which takes a long time) or in any case CBP (customs and border protection at the border) should have an updated record based on your prior approval of H1B. Try to call to USCIS; they have gotten a lot better at answering (correctly) many...

    5 lawyers agreed with this answer

  10. If the petitioner has a medical marijuana card, can that prevent the spouse from getting their green card?

    Answered about 1 month ago.

    1. Igor Serbinin
    2. Christopher Michael Pogue
    3. F. J. Capriotti III
    3 attorney answers

    Petitioner using controlled substance has nothing to do with Applicant's admissibility at this point in the process. If your husband would have marijuana medical card then most likely he would be found inadmissible at adjustment interview. You are still in violation of US federal law concerning controlled substances and it will be up to USCIS adjudicator to consider reporting you to federal law enforcement if you admit using during interview. One thing you can not do at the interview is lie...

    5 lawyers agreed with this answer