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Franklin W. Nelson

Franklin Nelson’s Answers

30 total

  • I-130 denied and having issues with immigration and evidence.

    We are struggling with issues on the filing of our I-130 and really need some advice. The process so far has taken us nearly 2 years and all of our savings are depleted. We have 2 children with a 3rd on the way and any advice would be gratefully r...

    Franklin’s Answer

    Every marriage is different, so every marriage-based case is different. That being said, there are some basic documents that should be submitted in every marriage based case.

    Evidence that any and all prior marriages have been terminated through death, divorce, etc. - If either you or your spouse has ever been married before, you need to prove that those marriages were legally over BEFORE the two of you got married. If you got married before a prior marriage was terminated, your current marriage is not legal.

    Evidence that your current marriage is legal according to the laws of the place where it was performed. In addition to proving both of you were legally single at the time the two of you got married, you have to prove that you followed the proper procedures to legally marry according to the laws of the place where you got married. If you married in the U.S., this is usually proven by submitting an official marriage certificate from the Country Recorder's Office.

    Evidence that the marriage is "bona fide" - i.e., a "real" marriage that was not entered into just to obtain a greencard. This kind of evidence can be lots of things, but if there are children of the marriage, as there appear to be here, providing birth certificates showing that they are children of the marriage (i.e., showing both you and your spouse as the parents) is strong evidence that the marriage is bona fide. Other documents commonly used are lease/rental agreements with both names on them, joint tax returns, utility bills and insurance policies. Again, this is by no means a complete list. As I said at the very beginning, every marriage-based case is different and will be supported by documents specific to that particular case.

    If you still can't figure out what is missing from your application, you should consider having your application reviewed by a qualified immigration attorney. Many attorneys are willing to do this type of review for much less money than they would charge to completely take over the case.

    Good Luck!

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  • My husband's(primary) is approved, but my applciaiton(derivative) is still pending. Dates are current.

    My derivative application is till not approved. Can this happen? i thought that both primary and derivative applciations will be approved at the same time. What other options do i have to get an appropriate status.

    Franklin’s Answer

    You don't mention what kind of application this is, or how long it has been since the principal's application was approved, but it's not uncommon for derivative approvals to come some time after the principal's application has been approved. The delay can be anywhere from a few days to several months, depending on the type of application and the issues involved. If this is a non-immigrant application (e.g., F,B,H,O visa application) then the delay is usually fairly short. If this is an immigrant application, such as an I-485, the delay can be much longer.

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  • Returning to the US after overstaying tourist visa

    I came to the US at the age of 15 with my mother on a tourist visa. We overstayed by almost 10 years. While in the US I graduated from high school and a 4 year college. I can't find any proper job now and life without papers became very difficult ...

    Franklin’s Answer

    Your unlawful presence was tolled until you turned 18. Once you turned 18, U.S. immigration laws hold you legally responsible for your decision to stay in the U.S., so if you have remained in the U.S. for a year or more after your 18th birthday (and it sounds like you have), you are subject to the 10 year re-entry bar. The fact that you were underrage and had no say in your parents' decision to stay does not matter. What matters is your decision to stay even after you turned 18. Personally, I think the law is terrible, but that's what it says.

    If you are subject to the 10-year re-entry bar, it will apply no matter what type of travel document you have. Obtaining a Brittish passport won't help you.

    There is a waiver available (8 U.S.C. §212(d)(3)) but you would have to apply for the waiver every time you wanted to come to visit, and there is no guarantee that it would be granted.

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  • What are the possibilities of my dad getting a visa?

    my dad is 70 years old and he is living in Mexico he lives by himself, and all my brothers are residents in the us can i bring him and how long is the processes.

    Franklin’s Answer

    Only U.S. citizens can petition parents. However, if you're a U.S. citizen, petitioning a parent is relatively easy and can often be done without the help of an attorney.

    Processing for this type of petition is currently taking about 5 months, so once it is filed, you will have to wait about 5 months for the approval. After that, the case will be sent to a consular post in Mexico for further processing and issuance of a visa. I'm not familiar with the processing times for this type of case in Mexico, but typically immigrant visa processing takes anywhere from a few, to several months at the consulate.

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  • Does anyone know if there are any immigration lawyers that are willing to get paid by Monthly installments?

    I need to file my documents for adjustment of status for my spouse. I have done most of the paper work and have all relevant information. I will need a lawyer to revise and then send off to immigration. If the fee isnt too much i dont mind paying ...

    Franklin’s Answer

    As Jeffrey said, many immigration lawyers, perhaps even most immigration lawyers, will quote a flat fee and accept monthly payments after the payment of an initial deposit. Also, there are some lawyers who will offer a discounted fee for simply consulting on a case.

    Since it sounds like you may have already completed most of the work yourself, and just want it reviewed by a lawyer, it sounds like you may just need a consulting attorney. You can save a great deal of money this way.

    The trade-off is, however, that the reduced fee will also likely get you reduced analysis. A consulting attorney will make sure you have all the necessary forms and evidence, and that the application is packaged correctly, addressed to the right place and accompanied by the right filing fee, but they won't necessarily catch, or even look for, issues which exist outside the four corners of the application package. These can include things such as a prior marriage, a criminal history, or perhaps a prior fraudulent visa application. These things won't be apparent simply from looking at the documents you have; an attorney usually has to conduct a rather lengthy interview with the client in order to reveal any potential issues. However, a consulting attorney won't necessarily do that.

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  • I'm nervous, please help!

    I have to fill out I-751 for a green card renewal next month, after having the condtional green card for 2 years.I've got it trhough marriage. I was really late on my car registration this year. It was a money issue,and I took me over 6 months to ...

    Franklin’s Answer

    Don't worry. Being late on your car registration will not be a problem. You have paid it, and that's what counts.

    The I-751 is really about your marriage, so the focus will be on that. If you are no longer married, or are separated, or are going through a divorce, you could have some difficulty, but if your only problem is registering your car late, I wouldn't worry about it.

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  • How to file for legalization for alien husband?

    My husband is an illegal immigrant from Mexico (entered without inspection) and we have been married for 6 months and have a 4 month old daughter. He has no convictions and no prior problems with police. I know I will be hiring a lawyer, however...

    Franklin’s Answer

    Although some people who enter illegally can pay a fine and stay here while their greencard application is being processed, not everyone is eligible for this. To be eligible, your husband must have had a qualifying application or petition filed on his behalf on or before a certain date, and may also have to prove he was physically present here at a certain point in time. The provision of law that governs this is 8 U.S.C. § 245(i), and analyzing eligibility can be complex, so you would need to consult with an an attorney about this issue.

    If your husband cannot apply for his greencard in the U.S., he will have to return to Mexico at some point in time to apply for an immigrant visa, and will probably also have to apply for a waiver because of his unlawful presence in the United States. This would require your husband to remain in Mexico for possibly several months to a year or more.

    The first thing you should do is consult with an attorney to see if your husband might qualify to pay a fine under 245(i). If he does not, you should find a lawyer with experience in handling 212(a)(9)(B) waivers (that's the unlawful presence waiver).

    Good Luck!

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  • How the immigration process works?

    I'm renewing my conditional green card after 2 years. I got it through marriage. I'm sending some documents, like tax return, car insurance together, photos, this type of thing that they ask for. I've noticed that the application I-751 is really s...

    Franklin’s Answer

    I agree with everything Martha said. However, you seem to be worried about whether CIS will conduct any sort of an investigation in addition to reviewing the documents and information you submit.

    Although, as Martha said, they may bring you and your husband in for an interview so they can ask you additional questions about your marriage and about your documents, it is unlikely they will perform any investigation beyond that. USCIS has limited resources and is simply unable to routinely investigate every case. Although field investigations, such as what you describe, do occur, they are rare, and are usually authorized only when something suspicious has surfaced either during a document review or during an interview.

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  • After getting the GC,does the primary applicant needs to stay with his employer (that filed the GC) for a definite period ?

    After receiving the GC, does the primary applicant needs to stick to his employer for a definite period of time? Is it mandatory or there are exceptions apply? Please advise.

    Franklin’s Answer

    Very short answer to this one: No.

    I've had applicants go to their GC interviews in the morning, get approved, then drop their resignation letter that afternoon. It's going to upset the employer, and it's not something I'd recommend, but I'm aware of no statute, regulation, case or memo that says this is not allowed.

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  • H1B - Accounting - Prevailing Wage for USCIS?

    H1B - Accounting - Prevailing Wage for USCIS? Hi: I am in F1 status right now and have been working as an accountant under internship program. My friends have converted their F1 status into H1B this year very easily because the no. of a...

    Franklin’s Answer

    To add to Scott's answer, I've provided below a link to DOL's online wage library. Also, here are the library's wages for "Accountants and Auditors" for the region including Falls Church:

    Area Code: 47894

    Area Title: Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan Division

    OES/SOC Code: 13-2011

    OES/SOC Title: Accountants and Auditors
    Level 1 Wage: $22.77 hour - $47,362 year
    Level 2 Wage: $29.61 hour - $61,589 year
    Level 3 Wage: $36.46 hour - $75,837 year
    Level 4 Wage: $43.30 hour - $90,064 year

    Although the wage library includes some guidance on how to choose wage levels, this can be a complicated process and really should not be attempted without the help of an attorney familiar with this type of case.

    Good Luck!

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