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Javier G Pineda

Javier Pineda’s Answers

2,242 total


  • If sponsor didn't have US passport, what is acceptable rather than that?

    Embassy asked from my Mom's sponsor to send copy of passport, W2 and tax return for 2013. The sponsor says he didn't have passport, What substitution document would be acceptable instead? He believes USC certificate is acceptable. ...

    Javier’s Answer

    Copy of birth certificate with Government issued ID will suffice to show that he is a US citizen. I assume this is for the affidavit of support. Good luck.

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  • Is police report necessary for vawa?

    1. My lawyer said just state background check is fine for my vawa. She didn't include any local police report . Is it going to be ok? 2. She want to send some proofs later but apply now. Can she do that? 3. Can i ask her to show me file before ...

    Javier’s Answer

    You have this conversation with your lawyer. Having your lawyer answer these questions and explain your immigration process is why you hired her. She is in a better position to answer your questions and concerns. Good luck.

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  • My husband 601a was reopen

    Yes he's bin in Mexico for about 2 months for his 701waver but know they have reopen his 601a

    Javier’s Answer

    I will take a crack at this. You filed an I-601A while your husband was in the United States. USCIS denied the I-601A due to their "reason to believe" policy. You decided to proceed to the consulate and submit the I-601 after hi IV interview. USCIS is reviewing their "reason to believe" policy and have reopened your husband's denied I-601A. If you have al ready filed the I-601, then the notice means nothing. I would let USCIS know that your husband is abroad and copy of the receipt notice for the I-601. Hope your waiver application was properly done. Good luck.

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  • I360 approved a year ago and still have no interview to adjust status

    i have an i360 aprproved since april of 2013 which is a year ago..i485 was filed with i130 however we asked them to put it on hold because i had problems with my wife and that i filed for i360..i filed an erequest in july and in october they repli...

    Javier’s Answer

    Schedule an infopass or hire an attorney to have USCIS consolidate your files and take action. You have to make USCIS pay attention to your case otherwise it will just linger. Good luck.

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  • My father petitioned for me in 2005

    I was 16/17 when my father petitioned for my residency. He was a legal resident at the time and shortly after my 18th birthday he became a US citizen. In 2012 he petitioned for my mom and within the year my mother received her residency. According...

    Javier’s Answer

    See an experienced immigration attorney. It appears you can file your application for residency as a child of a US citizen. If you entered lawfully or are other wise eligible under section 245(I), you should have been a permanent resident many years ago.

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  • My USC mother filed I-130 for me when I was married. My husband passed away so I am now "unmarried." Do I need to refile I-130?

    What do I need to do to notify USCIS of my "new marital status" so that my priority will be current?

    Javier’s Answer

    No, you do not need to do that if your case is with USCIS. Just keep an eye on the first preference of the visa bulletin. When it is current and if you are eligible to apply for adjustment of status, go ahead and apply. You must include copy of death certificate. If your case is with the National Visa Center, then it is a good idea to let them know. Sorry about your loss and good luck.

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  • Hi I recently have the I-765 and I will need to renew sometime next year in March. Am I eligible for I-485 form?

    Can you please give me an idea if that can be the next step for me? Thank you Highly Appreciated.

    Javier’s Answer

    Without knowing the reason you received your employment authorization, there is no way to answer your question. Take the time to consult with an experienced immigration attorney.

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  • My spouse is active duty service member currently deployed overseas. He cannot attend I-485 interview. What to do?

    My husband is applying for me through an approved I-131. He is active duty servicemember and is currently overseas and will be for the next year. I just got a I-797 Request for Initial Interview set for May 14th. The notice says he must attend,...

    Javier’s Answer

    In your circumstances, USCIS has the discretion to waive the presence of your husband. The issue on these cases is proving that you have a real relationship and that you are otherwise eligible. Make you sure you have ample evidence of your relationship. It is always a good idea to consult with a local experienced immigration attorney to properly advice you about local USCIS policies.

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  • Does I-360 allow concurrent filing of the I-485?

    Am in USA and married to LPR

    Javier’s Answer

    If you are talking about a self petition under the violence against women act, the answer is yes it is allowed, but not under your circumstances. You could file concurrently if your spouse was a US citizen. Second preference petitions are not current. If eligible you would have to file the I-360 first and if approved, file the I-485. See an experienced immigration attorney.

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  • What can I do to correct wrong info in background experience letter with Attorney?

    I have submitted all the docs for H1B petition, however, just realized that there is a wrong info on my company tenure within Resume. Attorney is requesting experience letter for that company, Can I talk to him to correct the mistake or it is il...

    Javier’s Answer

    Talk to your lawyer. Hopefully it is just a "mistake" or "typo" and not misrepresentation. I would be worried about what your employer will do. If you misrepresented your experience and the company is hiring you based on that experience, nothing good can come of that. Good luck.

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