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Malathi Benjamin
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Malathi Benjamin’s Answers

205 total


  • In Part 1 of the N-400? I can only check 1 box.

    In Part 1 of the N400 there are two choices that apply to my situation. Part 1 says check here if I have been a permanent resident for at least 5 years Part 2 says if I've been a resident for the past 3 years and married to a citizen ect.... ...

    Malathi’s Answer

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    If you check the married to a US citizen box you will have to provide evidence that you and your spouse are still living together. There is more documentation to be submitted with this route. As you have been a permanent resident for at least 5 years I would check that box.

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  • Foreign husband has CR-1 interview

    Husband has his interview tomorrow. He crossed the border illegally 10 years ago and stayed in the US till 4 years ago. Though when he left he didn't have problems with deportation and left back to his home country. We have a son of 10 months ol...

    Malathi’s Answer

    Based solely on what you say it looks as if your husband is facing a 10 year bar on re-entry for being unlawfully present in the USA for 1 year or more. This has nothing to do with deportation. I am not sure if he applied for a waiver and if that too is on the table. If he didn't, he will need one and considering he is being interviewed tomorrow why don't you wait and see? If he is denied he will need a waiver (assuming he qualifies) and you should consult with a qualified immigration attorney to advise on and handle that.

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  • What documents do I need to bring to the Embassy for stamping first time H1B visa in Bogota, Colombia (home town)

    I am in H1B since October 1st 2014 (before, I had F1 and was in OPT). I have been in the US since 2010 with F2 for 1 year, and F1 for 3 years in which I worked. I will be visiting my country for the holidays and need to get the H1B stamped, but do...

    Malathi’s Answer

    Take your H-1B approval notice (though the consulates no longer rely on that and have another system they check to make sure your H-1B has been approved). Also a copy of the H-1B filing, the certified LCA, the originals of all the credentials you submitted in support of the H-1B petition. To be on the safe side, have all your I-20s and EADs with you as well. Make sure your passport is valid for at least 6 months beyond the expiration date of the H-1B. Good luck.

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  • Criminal record and applying to become a us citizen

    Ive been a permanent resident for the past 8 years, I'm trying to see if i can apply to become a us citizen. I have been arrested and charged with assault 3rd degree class a for problems with my ex wife, never hit her or hurt her in any ayes, also...

    Malathi’s Answer

    You are facing more than the possibility of a denial of your application for naturalization. You may also be facing the possibility of deportation. You must take your entire criminal record to an immigration attorney who can review it for you and advise you as to what, if anything, you should do.

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  • My H1b receipt is not released yet from USCIS and my current H1b has expired. Being in VA, can some one tell me how to renew DL

    My H1b receipt is not released yet from USCIS and my current H1b has expired. Being in VA, can some one tell me how to renew my driving license since DMV requires H1b receipt notice at the minimum in the state of Virginia. Please advise!

    Malathi’s Answer

    If you can find the receipt number which will be stamped on the filing fee check perhaps you can check online and print that as evidence of the receipt of the petition.

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  • H1B transfer

    I have switched an employer last month and transferred h1b Visa. Now i have got better opportunity with new employer. I am willing to transfer to new Employer. is this very short period of time to transfer h1b?

    Malathi’s Answer

    I don't see any reason why you cannot do this as long as you have maintained status throughout. This is something you must confirm with an immigration attorney who will analyze the facts involved. A pending H-1B petition in itself doesn't give you status so there may be a period when you are legally here but are not 'in status" such that you can make changes without having to leave the USA and re-enter.

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  • I have my high school diploma but i was deported can i apply for a student visa so i can study in the united states

    its was a Misdemeanor

    Malathi’s Answer

    You have two issues to consider - your criminal record and also the fact that you were deported. You may qualify for a non-immigrant waiver which you will have to apply for at the same time that you apply for a student visa. I presume you are presently out of the USA? Please review your case and the documents with a qualified immigration attorney who will be able to guide you more specifically than a general forum such as this can.

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  • Naturalization and Speeding Tickets?

    Am I supposed to mention speeding tickets on N 400 Citizenship Application? What about parking tickets? I have a few speeding tickets, parking tickets and red light enforcement violations. Should I mention these on N 400? I have about 15 total ...

    Malathi’s Answer

    Usually these are not an issue and don't have to be mentioned. However, if they were serious enough for you to be charged with reckless driving or some such offense that is a different matter entirely. Review your tickets with an immigration attorney to be sure. Failure to mention them when you should could be regarded as misrepresentation and that is serious.

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  • Urgent!

    I sent I-751 package with the best of evidence ranging from...birth certificate of our daughter...pics,joint financial details,tax statements,deed of house we bought together,joint car insurance, beneficiary for life insurance etc etc...but I forg...

    Malathi’s Answer

    I think your sentence got garbled, but just wait to hear from the USCIS now. If they want more evidence they will ask for it.

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  • Can I fix my parents immigration status even if I'm married

    I'm a US citizen and I'm 21 already. Is getting married a problem if I want to fix my parents immigration status?

    Malathi’s Answer

    Being married is not an issue if you want to file for your parents - other than with regard to your ability to support them now that you have another family member. You say you want to "fix" your parents' status suggesting they may be undocumented. Please consult with a qualified immigration attorney (myself or someone else) to make sure that you can do so. Just being 21 and a U.S. citizen doesn't mean that you can.

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