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Sophie Marie Alcorn

Sophie Alcorn’s Answers

55 total

  • Sponsoring overseas based Immediate Family Members?

    This could be a silly question but I need some serious help. I am a naturalized US Citizen living here since 15 years. My immdediate family members Mother (70yr old), Married Sisters, Brother are living in a country that is in a total mess from...

    Sophie’s Answer

    Based on the information you gave, you should start the processing by petitioning for each of these relatives ASAP. Your sister and brother will not technically be able to "apply for an immigrant visa" until the priority date of their I-130 is current, based on the date you file and the country they are from.

    Since your mom is considered an immediate relative, she is exempt from the quota system and will be able to apply for an immigrant visa as soon as the I-130 is approved.

    You can see the State Department's Visa Bulletin at the link below. It answers the question, "on what date were I-130s filed for people who are currently becoming lawful permanent residents?" It pertains to sisters and brothers (family-sponsored fourth preference).

    You should contact an experienced immigration attorney to prepare these forms accurately and completely to minimize delays in the process.

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  • What are the consequenses on a marrige fraud?

    what are the consequenses in doing a immagration marrige fraud?

    Sophie’s Answer

    In addition to the answers by the other contributors, another possible consequence is that it would probably be extremely difficult or impossible for the US citizen to sponsor a future spouse through marriage or for the alien to ever get a green card through another marriage, even if those marriages are good-faith.

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  • If my j1 visa is expired but my tourist visa is currently on the process can i still fly to other states?

    if my j1 visa is expired but my tourist visa is currently on the process can i still fly to other states?

    Sophie’s Answer

    The following advice is general and does not create an attorney-client relationship.

    There is a difference between having a visa stamped in your passport and being in lawful status in the U.S. Your question does not have enough information to give you a full answer, so you should speak to an experienced immigration attorney regarding your specific situation.

    In general, a "visa" is something issued by a foreign embassy or consulate that allows somebody to enter the United States in a particular status. When you come in, an I-94 card is stapled in your passport that includes the date to which your status is valid. Somebody overstays by remaining in the US past the date on that card. The time period that the visa is valid is irrelevant to the legality of your stay inside the US. It only controls your date of entry.

    To go from valid J-1 status to valid B-2 (visitor status) without leaving the US would require getting a change of status, which would result in a new I-94 card (it would also require not being subject to the 2-year foreign residency requirement). If this is what you are waiting for, then you are in lawful status and can remain within the US while you are awaiting a decision. You can travel within the US as long as you have a valid ID. However, you should consult with an attorney to make sure about your status.

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  • If my child is born here, can I apply for citizenship since I'm his caregiver? The father is a US citizen.

    If my child is born here, can I apply for citizenship since I'm his caregiver? The father is a US citizen.

    Sophie’s Answer

    The following advice is general and does not create an attorney-client relationship.

    No, just being the mother of a US citizen does _not_ give somebody an automatic right to citizenship.

    A US citizen child can help a parent become a citizen if the child turns 21 and sponsors the parent for a green card and the parent waits 5 years to apply for citizenship.

    A person without status cannot become a citizen right away just by giving birth to a baby in the United States.

    If you marry the father because you have a good-faith relationship with him, there is a possibility that you might be eligible for a green card. You should consult an experienced immigration attorney regarding your specific immigration situation.

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  • Company renegading on a green card promise!

    I am an H1-B card holder and my 6 years expire in 6/2011. My current company (Construction) petitioned my 3yr extension and also promised to process my green card application after 1 year of successful performance. I also had 2 other offers that w...

    Sophie’s Answer

    The following advice is general and does not create an attorney-client relationship. A company is not legally obligated under immigration law to sponsor somebody for a green card just because they have been working on H1B. If you have an employment contract that contained a provision regarding green card sponsorship, then you might have a basis to sue, but you would need to contact a contract or employment law attorney.

    In general, if a PERM (labor certification) is filed before the end of year 5 in H1B status, then the employee can get 1-year H1B extensions while the green card process is ongoing. You should consult an experienced immigration attorney to better understand your specific legal situation.

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  • If my H1B renewal gets rejected, can I marry my US citizen fiance and continue working at my job?

    Will I need to go back to India and refile for citizenship or a work permit?

    Sophie’s Answer

    The following information is of a general nature; you should seek legal advice from an experienced immigration attorney.

    Spouses of US citizens who entered the US legally can apply for "adjustment of status," which is the process of changing from a nonimmigrant status (such as H1B) to immigrant status (a green card). It is not necessary to depart for consular processing, though that would be an option if you would for some reason prefer it.

    If you file for adjustment, you can simultaneously apply for an Employment Authorization Document to allow you to work while you are awaiting the interview and decision regarding your permanent residence.

    You can't become a citizen until you've been a lawful permanent resident for 5 years, unless you are married to a US citizen, in which case it only takes three years.

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  • My dad has a greencard, password, social security, california id why did ice come and arrest him and they didn't have a warrant

    my dad has everything & police ice still arrested my dad

    Sophie’s Answer

    The following advice is general - you should seek legal advice from an experienced immigration attorney.

    Your dad should have been presented with a warrant. If he wasn't, he might have a reason to challenge his arrest. You can find out where he is detained using the new ICE Detainee Locator System (link below). Your dad can demand to have a bond determination by ICE, and he has the right to have bond "redetermined" in court by an immigration judge. He can also fight removal (deportation) if that is what he is facing. He will need to get the "Notice to Appear," which is the charging document for immigration court. Then I recommend you talk to an attorney to figure out why he was arrested, what the charges were, how likely it is that he would be removed, and if he can fight to keep his green card.

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  • Should I appeal a work permit denial due to aging out? Please help, I beg you! I just graduated from university with no future:(

    I'm 22, entered the country legally from Mexico (i have the visa with my picture), parents legal residents, I-130 pending. Parents fixed under Family Unity Program/1987 Amnesty. I entered country at 6mths. old and never been back. Parents become c...

    Sophie’s Answer

    The process is very complicated and you should seek legal advice from an experienced immigration attorney. The following advice is general and should not be relied on for any specific legal situation:

    Right now, the California Service Center is adjudicating I-130s that were filed by permanent residents for an unmarried son or daughter over 21 on May 02, 2004. That means that there is approximately a 6 year wait for these petitions to be adjudicated. If the I-130 is approved, then you'd still have to wait for a visa to be available. As of August 2010, individuals who had I-130s filed for them in June of 1992 in the F2B category (adult unmarried sons/daughters of permanent residents) are finally able to get green cards. That's a long wait.

    When your parents become citizens, you will still probably need to wait for a green card, because the current Visa Bulletin shows that the F1 category (adult unmarried sons/daughters of citizens) currently has a priority date of November 1992.

    The important piece of information that your work permit question turns on is under what basis you got an original work permit, if any. There are only specific reasons that somebody can get a work permit - the person must fall into a particular category that is listed on the work permit instructions (such as I-485, Application for Permanent Residence, pending). If you don't fall into one of those categories, then an appeal of a work permit denial will be fruitless.

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  • How to find the proof of legal entrance to U.S.?

    In order for for my mom to get the Green Card, she just needs to provide that she has came into the U.S. legally, which she did. But her passport was stolen along with her bag. We tried to fill out the I-102 and was rejected. Now we filled a FOIA,...

    Sophie’s Answer

    Important questions are:
    - Why was the I-102 rejected?
    - Has your mom gotten a replacement passport yet?
    - In general, FOIA requests do take a very long time. What agency did you send it to - US Customs and Border Protection?

    You should talk to an experienced attorney regarding these details, and he or she may be able to advise you regarding how to proceed.

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