Malathi Benjamin’s Answers

Malathi Benjamin

Pasadena Immigration Attorney.

Contributor Level 12
  1. Is it okay to file Green Card application not exactly a year after my asylum is granted?

    Answered over 1 year ago.

    1. Malathi Benjamin
    2. Kevin Michael Crabtree
    3. Sergey Vladimirovich Makarov
    4. F. J. Capriotti III
    4 lawyer answers

    You can file any time after the 1 year period. You don't have to file as soon as the 1 year is over. It's just that you can't file during that 1 year period. Don't worry about filing now. You aren't late!

    8 lawyers agreed with this answer

  2. Can solicitation of lewdness affect visa(immigration)?

    Answered over 1 year ago.

    1. Amir A. Ladan
    2. Christine Swenson
    3. Malathi Benjamin
    4. Nick Jay Dorsten
    5. Jonathan Hackworth
    5 lawyer answers

    You should definitely consult with an experienced immigration attorney who has knowledge of how criminal convictions impact immigration status. At best you may be given peace of mind. At worst you may find it is an issue and there may be measures you can take to remedy it.

    9 lawyers agreed with this answer

  3. Can a sponsor cancel F41 and F43 visas?

    Answered over 1 year ago.

    1. Malathi Benjamin
    2. Alexander Joseph Segal
    3. John Grayson Davidson
    3 lawyer answers

    A petition can be revoked until you get your green cards and after that only if there is evidence of fraud in the process. I wouldn't worry too much about this. Your aunt is financially responsible but that is a contract with the government and it doesn't give her power over your status. Sad from a family perspective but I don't see anything to worry about immigration wise.

    7 lawyers agreed with this answer

  4. REMOVAL OF CONDITIONS JOINT PETITION

    Answered over 1 year ago.

    1. Malathi Benjamin
    2. Giacomo Jacques Behar
    3. Irene Vaisman
    4. J Charles Ferrari
    5. Alexander Joseph Segal
    5 lawyer answers

    No you don't have to use that envelope! They always send one and it is almost never big enough for the documents they ask for. Forget the envelope and send your response package in a manner that you can track. Make sure it reaches before the due date. Good luck.

    7 lawyers agreed with this answer

  5. What's the quickest way me (Indian) and my girl (American) can be married and be able to be together? K-1 visa or Adjustment?

    Answered over 1 year ago.

    1. Malathi Benjamin
    2. Gunda Johanna Brost
    3. Sergey Vladimirovich Makarov
    4. F. J. Capriotti III
    4 lawyer answers

    There is no guarantee for the time frame. Your options are the K-1 as my colleague indicated, or the K-3 if you marry first. If you are properly represented by a competent immigration attorney experienced with these filings at least you will minimize any delays because the filing is not done right. Beyond that it is in the hands of the government.

    Selected as best answer

  6. Is my application denied?

    Answered about 1 year ago.

    1. Malathi Benjamin
    2. Paul M. Ruby
    3. Kevin Lawrence Dixler
    3 lawyer answers

    If your case is denied the notice will clearly state that it was denied. The notice you got suggests that you don't qualify for the benefit sought but as you said this is another RFE and the USCIS appears to be giving you an opportunity to rebut their presumptions. As you have legal representation your attorney should be able to advise you on this more specifically.

    Selected as best answer

  7. Can't find my birth certificate and I'm afraid the one I ordered won't get here in time for immigration meeting. What do I do??

    Answered over 1 year ago.

    1. Gunda Johanna Brost
    2. Giacomo Jacques Behar
    3. Sergey Vladimirovich Makarov
    4. Malathi Benjamin
    5. F. J. Capriotti III
    5 lawyer answers

    In my experience birth certificates are required independent of being evidence of citizenship and the passport may not compensate for the fact that you don't have it. Go to the interview any way and if the officer really wants to see the original he/she will give you time to submit it. It ill delay the decision however.

    7 lawyers agreed with this answer

  8. What are the requirements for filing an asylum?

    Answered over 1 year ago.

    1. Malathi Benjamin
    2. John Grayson Davidson
    3. Giacomo Jacques Behar
    4. William R. Borene
    4 lawyer answers

    You should consult with an immigration attorney experienced with asylum cases to see if you qualify. You will have to show that you either suffered past persecution and/or that you have a well founded fear of future persecution. There are other requirements too that will have to be proved.

    7 lawyers agreed with this answer

  9. HIDE CRIMNAL RECORD FROM IMMIGRATION OFFICER .PLS NEED HELP

    Answered over 1 year ago.

    1. Malathi Benjamin
    2. Jesus Antonio Cachaya
    3. Jeffrey Adam Devore
    4. Shahzad Ahmed
    5. John Grayson Davidson
    6. ···
    6 lawyer answers

    You definitely need to consult with an experienced immigration attorney. This is a very serious matter.

    7 lawyers agreed with this answer

  10. Hi, Is it possible to file Perm labor after the expiration of prevailing wage determination.

    Answered over 1 year ago.

    1. Malathi Benjamin
    2. J Charles Ferrari
    3. Tsirina Goroshit
    3 lawyer answers

    Yes, this should be alright as you have conducted recruitment activity during the validity period of the prevailing wage determination.

    Selected as best answer