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Daniel Patrick Hanlon
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Daniel Hanlon’s Answers

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  • What is the possible reasons for case return from NVC to USCIS?

    Hi, I am a Chinese artist. I applied Eb1A in China, and my I-140 was approved in 2014, and my case was transferred to NVC after approval. I also received fee notice for visa processing, but I have not paid it. Last summer I came to the US with ...

    Daniel’s Answer

    If you have filed for adjustment of status, the NVC would not forward the petition to the Embassy. the I-140 belongs at USCIS under those circumstances. The issue I see is that you arrived as a tourist AFTER obtaining approval of an I-140 with a current priority date, which shows immigrant intent at the time of admission, and then filed for adjustment of status.

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  • Embassy level

    My case is at embassy how can I bring it to uscis?

    Daniel’s Answer

    This would depend on what type of case you are talking about, among many other things.

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  • I need to know that is she a Resident Alien or a Non-Resident Alien or none of these two. Please let me know, Thanks.

    My wife came to United states in 2007 on H4 visa. She converted from H4 to J1 in 2011 and now she is on I-485 pending status since last one year. She has never left US since she came. I need to know that is she a Resident Alien OR a Non-Resident A...

    Daniel’s Answer

    She is not a resident alien until her adjustment of status application is approved.

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  • Is there any possibilities he can apply for his residency if he marries a U.S. citizen?

    My boyfriend was arrested and deported twice to Mexico one for possession of drugs and the other for possession of a weapon. We printed out his criminal record and seems to b that he has no arrest warrants. And yes he did his time and came back to...

    Daniel’s Answer

    If he was deported for life, i.e. for an aggravated felony conviction, there is no chance that he could obtain legal status under current law.

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  • DACA application.

    My husband and I came to the United States several years ago with a tourist visa and was granted six months to stay. When we came, we took our son with us. At the time, he was 5 years old. He is now 10 years old. I know my husband and I are unable...

    Daniel’s Answer

    No. Your son has to be at least 15-years old to avail of DACA benefits, among other requirements.

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  • I485

    Is it possible to file i130 and i485 together?

    Daniel’s Answer

    Yes, if the priority date for the I-130 would be current at the time of filing.

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  • What H-1B roles should I seek for friendly prevailed wage approval?

    Recently, a company has told me that I won't be able to hire me for a sales role because they can't offer the equivalent of prevailed wage for H-1B purposes. Does that mean I should look for jobs under a different job title? I wouldn't want to fac...

    Daniel’s Answer

    Your degree(s), qualifications and the position requirements determine the appropriate wage; not the other way around.

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  • Will filing as single be before my divorce be an issue and do i need to send my tax returns for 5years with my N400 application.

    my wife and i came to the US 5years ago as permanent residents, but we filed our taxes as single for 3years before our divorce was final. now i am applying for naturalization based on the 5year rule.

    Daniel’s Answer

    It could be an issue to the extent is suggests that you were not living in marital unity during any period in which you previously claimed you were.

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  • Can I Travel after the Naturalization interview , but before the Oath Ceremony?

    Hi- Can i Travel abroad after the Naturalization interview is completed , but before the Oath Ceremony takes place?I called the USCIS and spoke to a Level 2 officer , who said that my application is approved but i have to wait for the Oath Ceremon...

    Daniel’s Answer

    Yes, you can, but should make arrangements for someone to advise you if the notice is received in your absence.

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  • Is that going to be a problem during the whole process?

    Hey I am on a B2 status here in US and want to convert my status to H4 on my husbands H1-B. Will I be able to do that while being in US. Or do I have to leave the states and go back to my Home country or to Canada (as I have a W-1 visa from Canada...

    Daniel’s Answer

    You should be able to obtain a change of status to H-4 with the USCIS.

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