Sophie Marie Alcorn’s Answers

Sophie Marie Alcorn

Irvine Immigration Attorney.

Contributor Level 10
  1. Can i use vwp

    Answered over 4 years ago.

    1. Carl Michael Shusterman
    2. Sophie Marie Alcorn
    2 lawyer answers

    The following advice is general and does not create an attorney-client relationship. Based on the facts you gave, you may not return using the Visa Waiver Program. However, you might be eligible for a B2 visa depending on how long you overstayed previously.

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

    Answered over 4 years ago.

    1. David Inpyo Lee
    2. Sophie Marie Alcorn
    2 lawyer answers

    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...

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

    Answered over 4 years ago.

    1. Troy Austin Pickard
    2. Sophie Marie Alcorn
    2 lawyer answers

    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...

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

    Answered over 4 years ago.

    1. David Inpyo Lee
    2. Sophie Marie Alcorn
    2 lawyer answers

    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...

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

    Answered over 4 years ago.

    1. Sophie Marie Alcorn
    2. Richard Irving Fleischer
    2 lawyer answers

    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)...

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

    Answered over 4 years ago.

    1. Sophie Marie Alcorn
    1 lawyer 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...

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

    Answered over 4 years ago.

    1. Luz Eliana Phelps
    2. Sophie Marie Alcorn
    2 lawyer answers

    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.

  8. I have a citizenship interview on next monday but i have a mistermeaner charge, can i still get the citizenship?

    Answered over 4 years ago.

    1. Troy Austin Pickard
    2. Sophie Marie Alcorn
    3. Luz Eliana Phelps
    4. Thuong-Tri Nguyen
    4 lawyer answers

    It depends on your specific misdemeanor conviction. The interviewer will probably request a certified copy of the docket in the case. If you do not have this with you at the interview, the interview may give you more time. It would be best to spend your time finding an attorney to accompany you to the interview on Monday.

  9. US legal age to petition

    Answered over 4 years ago.

    1. David Inpyo Lee
    2. Sophie Marie Alcorn
    2 lawyer answers

    A US citizen must be 21 years old or older in order to petition a parent. The parent will be considered "immediate relatives" and will not be subject to the caps on visa numbers in the State Department's Visa Bulletin. I recommend speaking to an immigration attorney because the parents' eligibility will be affected by other factors, such as being in the US or outside of the US, overstaying a visa in the US, having come here illegally, committing crimes, etc.

  10. Re-entering U.S with valid F-1 VISA and new I-20

    Answered over 4 years ago.

    1. Sophie Marie Alcorn
    1 lawyer answer

    In general, OPT is terminated automatically upon transferring to another school, and F1 students may not enter the US in F status more than 30 days in advance of the program start date. You should talk to an attorney because the details of your situation will affect what you should do. Also, there are specific procedures that an individual needs to follow in order to transfer from one school to another school on F1. Also, the timing of your plans will greatly influence your ability to be...

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