Skip to main content
Barbara V. Melendez

Barbara Melendez’s Answers

6 total

  • Can i File petition for my mother ?

    My father is us citizen... My father and my mother divorced in 2008 and my father had legal custody of mine so I came to usa in 2012 and now i am us citizen.... right now my age is 21 over and My biological mother in india so can i file for her ?

    Barbara’s Answer

    Yes, based on the facts you are describing you are considered an immediate relative ( US citizen son or daughter filing for parent(s)) and can file for an immigrant visa (green card) for your mother to come to the US. Best of luck to you.

    See question 
  • Please Help On question Below. Thanks in Advance.

    I was on F-1 Visa and I graduated last year my visa expires on Nov 29 2015. I have OPT right now. I applied for I 130 through marriage to US citizen on August 20 and Applied for I-485 on September 29. Now My sister is getting married in India an...

    Barbara’s Answer

    I concur with my colleagues...just one more note...IF you choose to apply for advance parole, make sure you follow the guidelines requesting expedited processing of your petition. Include information, invitations etc. of the upcoming ceremony so there sufficient evidence of the need to travel. Do not travel outside the U.S. with out the approved advance parole because your green card application can be considered abandoned and you would have to do consular processing of your immigrant petition.

    See question 
  • I'm looking for a probono Immigration lawyer

    I want to take back Sponsorship

    Barbara’s Answer

    Depending on the type of case you may want to look at the list of pro bono or low bono attorneys available at the Salt Lake Immigration Court located at:
    Executive Office for Immigration Review
    Immigration Court
    2975 South Decker Lake Drive, Suite 200
    West Valley City, UT 84119-6094

    See question 
  • Can my siblings come to the US as residents with my mother? I am US citizen.

    I have 2 siblings 20 and 21 y/o( they are not US citizen nor residents) and they live outside the US. I am US citizen and I wonder that If I bring my mother, should ask for my siblings as my mother's dependents or should I ask for them separately ...

    Barbara’s Answer

    You can bring your mother as an "immediate relative" however, your siblings cannot enter as dependents because they fall under a different category. Siblings are category F4 and are filed for separately. The F4 category is currently taking between 12-23 years for the priority dates to become current and start the process for residency (depending on the country of origin) You may want to consider having your mother file for your siblings after she becomes a resident to reduce the amount of years of waiting for a "green card" to become available.

    See question 
  • I-94 departure date is incorrect. CBP says they can't fix it.

    I posted about this and following the advice I went to the CBP office in SLC. They told me that they couldn't fix the incorrect date (it says I left in jan even when I changed the flight multiple times, missed the last flight) on the I-94 travel h...

    Barbara’s Answer

    I would beg to differ with CBP saying it's not a big deal. Unfortunately, it is my experience that the government can make a big deal out of many things on it's face do not seem to be very important. There are multiple concerns that the officer can raise regarding your "alleged" departure and no entry date. I agree with my colleagues you should seek to have a consult with a qualified attorney as someone to represent you during your I 485 process.

    See question 
  • Marriage as a illegal Immigrant to a U.S. citizen.

    When I was around 6 or 7 I was brought to the United states by my immigrant mother in a unlawful way. I am originally from Mexico, I've been here ever since. Everything I have learned has been tought to me here. My parents never filed any work for...

    Barbara’s Answer

    First, congratulations on your engagement! Yes, I can see why both of you would be confused as to the options. You have a complex case BUT there are options that you may qualify for. While I am not aware of all the facts of your case it appears that you may be eligible for DACA - Deferred Action for Childhood Arrivals. If you are and or have DACA you also become eligible for advance parole
    (permission to travel abroad and return to the US). If you travel abroad with an approved advance parole you may be eligible to adjust your status to legal permanent resident in the US through marriage to a US citizen spouse. In the alternative, you could consider filing after you are married for the I 130 Petition for Alien Relative and seek a Provisional Waiver (I-601A) for your unlawful presence. Again, your case is complex and II would urge you to seek competent counsel to represent you in this process.

    See question