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Samuel Marsh’s Answers

23 total

  • What must I do to get a green card?

    What must I do to get a green card?

    Samuel’s Answer

    There are several different avenues you may take to become a lawful permanent resident. You may gain green card status through: A family member, an employer, the diversity visa lottery, claiming asylum, and being a refugee. I advise you to consult with an experienced immigration attorney.

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  • What kind of petition do I need to file to have my family members in Mexico to join me here in the U.S?

    I have 3 family members in Tijuana who want to immigrate to the U.S. What can I do?

    Samuel’s Answer

    If you are a U.S. citizen, you can file an immediate relative petition for your spouse, your parents or your unmarried minor children. If you are a U.S. citizen seeking to bring over an adult child, a lawful permanent resident seeking to bring over a family member, or an employer seeking to bring over an employee, you must file a "preference petition."

    Either way, I suggest you consult with an experienced immigration attorney.

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  • Can my spouse and child accompany me to the U.S.?

    If I have been granted a temporary work visa, may my spouse and child accompany me to the U.S.?

    Samuel’s Answer

    The dependent spouse and minor children of an applicant who has received a temporary work visa may be eligible to join the temporary worker in the U.S. However, the spouse and children will need to apply and be approved for the appropriate type of nonimmigrant visa in order to travel to the U.S. Under most circumstances, the spouse and children will not be allowed to work while in the U.S. Please schedule a consultation with an experienced and licensed immigration attorney who can fully review the circumstances of your case.

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  • Removable Offenses

    What are some offenses for which I maybe removed from the United States?

    Samuel’s Answer

    Well assuming you mean "deportable" offenses, there are offenses committed by a non-citizen which may force him or her to leave the U.S. and return to his or her home country. Some deportable offenses include using fraudulent documents to enter the U.S., providing material misrepresentations (like marriage fraud) to receive a visa, committing certain types of crimes (like most drug crimes, aggravated felonies, domestic violence and child abuse, many gun offenses and more), posing a threat to national security, engaging in terrorist activity, helping others enter the country illegally, overstaying a visa and voting illegally. For a complete list, see 8 U.S.C.A. § 1227. or consult with an experienced & licensed immigration attorney.

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  • What is the "Diversity Lottery?"

    What is the "Diversity Lottery?"

    Samuel’s Answer

    Well, the diversity lottery is a Department of State program which issues up to 55,000 diversity visas (DVs) each year to foreign nationals from regions and countries with low immigration rates to the U.S.
    Foreign nationals who meet the criteria for the lottery are placed into a pool and randomly selected by a computer program for the available visas every year. Only people from countries that sent less than 50,000 immigrants to the U.S. over the past five years are eligible for the lottery.

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  • Humanitarian Asylum Seeker

    Is there a limit on the number of people officially designated as refugees and asylum seekers on humanitarian grounds each year?

    Samuel’s Answer

    Actually, the president sets an annual limit on the number of refugees (coming from outside the U.S.), but not on the number of asylum seekers (already in the U.S.).

    The president works with Congress to determine the number of refugees that should be admitted to the U.S. for resettlement.

    To qualify as a refugee or asylee, an individual must have a "well-founded fear of persecution" at home for his or her religion, race or national origin, politics, or social-group membership.

    Please contact an experienced and licensed immigration attorney for further assistance.

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  • Does a Canadian need a Visa?

    I have a brother in Canada who wants to come to the U.S......Does he need a Visa?

    Samuel’s Answer

    No, unless applying for E-1 Treaty Trader or E-2 Treaty Investor classification. However, it is important that the proper non-immigrant classification be requested and conferred at the time of entry to the U.S. I recommend you seek guidance from an experienced attorney.

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  • American born mother and daughter born in Mexico

    My mother is an american born in US and I, her daughter was born in Mexico. Am I an American citizen or what papers do I need and what do I need to do? Do I need a green card or what should I do? I have 4 sons that were born in US ages 22,20,15,12...

    Samuel’s Answer

    Contact USCIS customer service or a lawyer. This is what they say: Whether someone born outside the United States to a U.S. citizen parent or parents is a U.S. citizen depends on the law in effect when the person was born. These laws have changed over the years, but usually require a combination of at least one parent being a U.S. citizen when the child was born and having lived in the U.S. or its possessions for a period of time. Additionally, children born outside the United States may become citizens after birth based on their parent’s citizenship or naturalization.

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  • GC through Mother?

    My parents got GC and I could not get it since I was 21. I am now in the US on H-1B. My mom applied for me when she was a permanent resident under the unmarried son/daughter category. In 2009 I got a letter from USCIS that my visa is available sin...

    Samuel’s Answer

    As far as I know your PD cannot be reused because you lost it through becoming ineligible for the visa category.

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  • LPR PETITION FOR SON

    My mother just got recently approved to migrate to the US as LPR. I am a USC. Now I was wondering how soon my mom can submit a petition for my brother who is unmarried and over 21. I am assuming it would be faster for my LPR mother to petition my ...

    Samuel’s Answer

    It will be faster for her to petition and she can do so as soon as she wants. I would suggest she should apply when she moves to USA. If you wish, you can also start a petition for your brother. He can wait in more than one category.

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