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Richard Bennett Bracken
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Richard Bracken’s Answers

22 total

  • Is it true that the removal of conditions of green card is done automatically by the USCIS

    by sending the notice to the last known address. Assuming that my divorced husband did not update his address (which I suspect he did not) and I have reported him to immigration for fraud by also pointing out to his unupdated address after we divo...

    Richard’s Answer

    I have seen a few reminder notices that USCIS has sent to some of my clients regarding removal of conditions, but its infrequent enough that I'm always surprised by it. Having said that, removal of conditions on resident cards do not automatically occur but must be affirmatively filed for.

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  • Request for original divorce document from USCIS?

    what is the process to request for original divorce document form USCIS? How long it takes?

    Richard’s Answer

    You can request original documents provided to USCIS. I have included a link below to the pertinent form. Be sure to thoroughly review the instructions. Also, my experience with getting originals back from USCIS is an extremely long wait (months/year). You may be able to get a certified divorce document from the pertinent family court not only faster, but at much less expense.

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  • I justgot My EAD :) how do I get the ssn?

    Please help!

    Richard’s Answer

    Congratulations! Social Security Numbers are provided by the Social Security Administration. I have included a link below that should help you with the next step. Best of luck.

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  • What if I file I765 twice?

    I filed an I765 for post completion OPT. But mistakenly typed (a)(3)(b) instead of (c)(3)(b) in the Who may file form I765 column. I received a decision of denial stating that (a)(3)(b) is for refugee and I was admitted as F1 student. Can I file t...

    Richard’s Answer

    You can re-file the I-765. USCIS will then adjudicate the second application to determine eligibility. Having said that, an immigration attorney ought to be consulted to confirm your eligibility and the correct code section in order to ensure a better outcome.

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  • I129F

    My petition for a fiancé visa was delivered to Dallas lockbox facility 10 days ago, today I received an update that they changed my alien registration number! What does that mean ?

    Richard’s Answer

    This isn't a sign that things are going south on you. USCIS is just keeping you in the loop on their processing of your application. If you get a "Request for Evidence" (RFE) in the future there's something missing on your part that you should be discussed with an immigration attorney, in person.

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  • How long should the DACA process take?

    My husband applied back in Sep 30, 2012. He then had his bio-metrics done within 2 weeks. However, it has now been a little over 7 months and nothing. He calls at least once a month to follow up and they always say the same thing, that it is still...

    Richard’s Answer

    I wouldn't be alarmed. My office has cases filed before and after your September 30th date that haven't been adjudicated yet. The approvals that are rolling in are all over the map on time. I grant you that it is frustrating but you are within norms. I wouldn't be worried.

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  • My Husbd was caugth crossing the bordr back in 1997, thats the only thing in his record, do we qualify for the new waiver I-601A

    He was caugth 4 times back in 1997

    Richard’s Answer

    Individuals subject to the mandatory ten (10) year bar for immigration violations after April 1, 1997, for illegally re-entering or attempting to re-enter the U.S. without inspection, do not appear to qualify for the I-601A provisional waiver. You need to speak with an experienced immigration attorney to solidify your eligibility. The pertinent INA section is 212(a)(9)(C)(i).

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  • What kind document should I file with the N400

    I was arrested in Nov. 2008, and the case was dismissed during hearing. I have request court records expunged 2 years ago. and I don't have any records except I got from the count and police department show no records to me. What kind document s...

    Richard’s Answer

    It is important that the court dispositions be "certified" by the court clerk's office. If the case is no longer on file you will need a certified letter indicating that there was "no record found".

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  • Form 325

    My girlfriend stayed with me for several months on a tourist visa. Would that be considered as a place of residence for the I-325 form? We are applying for a K-1 visa

    Richard’s Answer

    Also, the I-129f form for the K-1 visa requires the companion submission of the I-325A, not the I-325. Submitting the wrong I-325 form may delay your case.

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  • How long after receive I-751 receipt notice, will I receive a mail to capture my fingerprint?

    i received I-751 receipt notice on 3/25/13, but i haven't received a ASC appointment notice to capture my fingerprint. today is 5/7/13 it has been over a month,is it normal? How long after receive I-751 receipt notice, will I receive a mai...

    Richard’s Answer

    • Selected as best answer

    I wouldn't be alarmed because you've received the receipt notice, so the case is moving. Normally a month isn't very long to wait in the world of USCIS anyways. It will probably come any day. Nevertheless, I just checked three active I-751 applications at random out of curiosity for you. All three biometrics appointments were made within two weeks of receiving the receipt notice. (They are all California cases, which can make a difference.) I'd probably give it a few more weeks and then make an infopass appointment if it hasn't arrived.

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