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Franklin Tzeng

Franklin Tzeng’s Answers

69 total


  • I lost my Green Card, can I still apply for citizenship neutralization? And am I eligible for Fee Waiver?

    I remember that my Green Card will be expired in 10 months. Can I apply for citizenship without paying $450 to replace my Green Card? And about the Fee Waiver, can I fill it out both for Replacing Green Card and Neutralization? I am a full-time co...

    Franklin’s Answer

    Good morning. I generally agree with my colleagues. I drafted a detailed response to this question a few days ago. Feel free to contact me if you'd like a forwarded copy.

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  • Special situation - Give up green card or not? Apply for citizenship?

    Over 15 years ago, I got green card after I finished the path H1, Labor Cert. Problem is that I had been laid off by the firm that sponsored me for Labor Cert when I attended Green Card interview and I was still granted the Green Card. That cr...

    Franklin’s Answer

    You are describing some fairly private issues. I'd highly encourage you consult with an immigration attorney before you make any decisions. Feel free to contact me anytime, if you need additional assistance.

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  • Can I use my brother as the primary sponsor in support for my petition for my wife and mother eventhough im the petitioner?

    Im a US citizen and filed a petition for my wife and my mother residing in the philippines. The I-130 was approved already and im in the process of submiting Affidavit of support to finance my petition. Can I use my brother to be the primary spons...

    Franklin’s Answer

    Hello,

    Yes, you can, but he would be considered a "joint" sponsor, not the "primary" sponsor. He would fill out an I-864, and you, as the petitioner, would fill one out as well.

    Feel free to email me if you have additional questions or concerns.

    Franklin Tzeng, Esq.

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  • Wat if my student visa gets approved after the scheduled class start date on my 1-20

    I came to US on a tourist visa and applied for change of status to F1. my toursist visa stay will expire on sep 7. my classes will start on aug 29 and there is a big chance that my visa will be approved/denied after. My school told me that if i dn...

    Franklin’s Answer

    Hello,

    You are free to stay in the U.S. as long as your AOS petition is pending. However, if you leave the country during this period, then you may not re-enter on your expired visa. Moreover, if your student visa application is rejected, then you will have been out of status during the pending period.

    Feel free to email me if you'd like additional assistance.

    Franklin Tzeng, Esq.

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  • Can I use my brother as the primary sponsor in support for my petition for my wife and mother eventhough im the petitioner?

    Im a US citizen and filed a petition for my wife and my mother residing in the philippines.The I-130 was already approved and Im in the process of submitting the Affidavit of support to finance my petition. but since Im working in a private in whi...

    Franklin’s Answer

    Hello,

    Yes, you can. He would fill out an I-864, and you, as the petitioner, would fill one out as well.

    Feel free to email me if you have additional questions or concerns.

    Franklin Tzeng, Esq.

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  • What can be done in order to reinstate my brothers alien residency after being taken away? He has lived here over 35yrs

    My brother was raised from the age of 3 as an american citizen. He has made some wrong choices for which he has been incarcerated for. Ever since he was a juvenile. He has managed to keep geeting arrested. Its become a routine in a way. He has 6 c...

    Franklin’s Answer

    Hello,

    Most likely, your brother will never be able to regain permanent residency. I'd highly recommend that you retain an immigration attorney to review his entire criminal history, and see what options are open to him. Asylum may be available, if he will eventually be killed in Tijuana. However, to be frank, your brother's situation does not look good.

    Feel free to email me if you have additional questions or concerns.

    Franklin Tzeng, Esq.

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  • If i am convicted of a misdemeanor for shoplifting can i be denied my green card? Even if i didn't have a record prior to that?

    I wasn't born in the U.S and don't have a green card i am an immigrant who was caught shoplifting I have no prior record never been in trouble before will this affect my chances of changing my citizen status?

    Franklin’s Answer

    Hello,

    Yes, all convictions, however minor, may negatively affect your green card application, even if you have never been arrested before. I'd recommend consulting with an immigration attorney as you prepare your AOS petition.

    Feel free to email me if you have additional questions or concerns.

    Franklin Tzeng, Esq.

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  • My father worked for US army in Frankfurt, self employed for over 10 years in 80s, can I get a green card - Im over 18

    My father never bothered - I have studied in US for over 5 years and got my degree there. I would like to return to live there as UK not home now as I lived away for so long and not used it - studied in High School in US and then Degree there. Bee...

    Franklin’s Answer

    Hello,

    Your father cannot petition on your behalf since he doesn't have a green card. However, you are free to petition on your own. I'd recommend talking with an immigration attorney about your various options in returning to the U.S., perhaps through a student visa or another relative.

    Feel free to email me if you have additional questions or concerns.

    Franklin Tzeng, Esq.

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  • Do I need to leave the country when I marry my fiancé (US Citizen)?

    I came to the US on a visa when I was 7 yes old. It is now expired. I have my high school degree, bachelor degree and clean record. We are getting married through church as well. How long will the process take? Do I have to leave the country? We a...

    Franklin’s Answer

    Hello,

    The answer to your question is no, you do not need to leave the country, as long as you entered the country legally, and simply overstayed your visit. However, your application will come under greater scrutiny. I'd highly recommend retaining a licensed attorney to work with you on your petition.

    Processing times for your local service center can be found on the USCIS website. In your case, look for the I-130 and I-485 processing times.

    Feel free to email me if you have additional questions or concerns.

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  • What to do now that I realize my wife married me for green card?

    I got married overseas and lived with my wife for one month in 2008. She finally got her visa after lots of troubles getting visa. She arrived in the USA for the first time on May 1, 2011 and as soon as her green card and social security card ar...

    Franklin’s Answer

    Hello,

    If you find that the differences between you and your wife are reconcilable, then you are free to file for a divorce. Your wife's green card is conditional. I'd recommend consulting with a family law attorney to evaluate your financial situation before you proceed as well.

    Feel free to email me if you have additional questions or concerns.

    Franklin Tzeng, Esq.

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