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Win Chester Eaton

Win Eaton’s Answers

111 total


  • May I file COS from B2 to H1 while B2 EXT is pending? If fiIing valid B2 with B2 EXT Receipt, may INS approve or go out visa?

    My current B2 status expires April 10, 2014. I filed B2 extension for 6 month in February 2014 and received receipt. B2 extension is still pending. Employer will file H1B petition on April 1, 2014 with premium processing and it wil...

    Win’s Answer

    I am not sure I understand the question but in general you must be in consistent, legitimate status through 10/1/2014 to qualify for a change of status to H1B in the U.S. If there is a break - regardless how short, you need to go to the consulate abroad to validate your H1B and then return. USCIS does not issue visa's. Only the U.S. Dept of State issues visa's. USCIS will grant, change, or adjust status.

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  • I want to marry my boyfriend who is from El Salvador and was deported once would I be able to help him get legalized?

    he is salvadorean and was arrested for drunk driving but was already parked in his drive way. he was told it was a misdemeanor. would there be a chance for us to get married and help him get documented

    Win’s Answer

    I agree with the other answers but I STRONGLY advise that you seek the assistance and advice of a local immigration attorney in Bakersfield, preferably someone who is State Bar of California Certified as a Specialist in Immigration & Nationality law.

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  • If your visa was revoked without criminal issue..and you must to return back to the state emergency can you still travel with it

    if your visa was revoked without criminal issue..and you must to return back to the state emergency can you still travel with the same visa ..because you were been told apply for another visa which you notice with the visa the cbp officers are req...

    Win’s Answer

    You should contact a competent immigration attorney before doing anything else. You may have options but it is very likely that CBP determined that you violated the terms of you Non-Immigrant visa and that is why it was revoked. If there is truly a compelling emergency situation you may qualify for a Humanitarian Parole. Please be aware - Humanitarian Parole is seldom granted.

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  • DS-260

    I am a us citizen and I filed I-130 for my husband. It has been approved. I have paid the $88 for AOS and have send the paper work for affidavit of support. I have already done the DS-261. I just recently payed the iv of $230 and it said 'Each app...

    Win’s Answer

    Please check with a competent immigration attorney before you do anything else. The $88 is not for AOS - if you are working through the NVC you are in the process of "Consular Processing" - and NOT - AOS "Adjustment of Status". Did your spouse enter the U.S. through the line - "Inspected and Admitted"or was it an "Entry Without Inspection"? As for the DS-260 - Once filed online you will send the evidence packet to the NVC via U.S. Mail. The next step is vital - your spouse will likely need to file the I-601A provisional waiver and show Extreme & Unusual hardship to you. Talk with an attorney....

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  • Does my friend on OPT extension need to report her employment status when not on project on client site?

    She is working with a consultancy company and only gets paid when on projects. However, her health benefits are paid for regardless of her being on project or not.

    Win’s Answer

    Maybe and maybe not - Is there a continuing employment relationship? Depends on the duration between assignments and other factors. She should talk with her adviser.....

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  • Do I need to go to my home country to get my U non immigrant status?

    I have filed the Petition for U Non immigrant Status and a supplement to include my wife, since we both do not have legal status. I just received a Request for Evidence for my application and would like some clarification if possible. It says t...

    Win’s Answer

    The best advise for you is to contact a competent immigration attorney. You do not want to leave the U.S. If you filed the 918 in the U.S. with the VSC and they have issued an RFE - it is very important that you contact an attorney ASAP - well before the RFE due date.

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  • Is there a chance that my F1 visa will be rejected as my visa interview is scheduled before my divorce finalizing date?

    Hi I was married to a H1-b visa holder 2 years back and i started my ms on H-4 a year back. now we have filled for a divorce due some marital issues and are legally separated for past four months. I am currently in India and my husband is in US an...

    Win’s Answer

    For issuance of an F1 student visa, the three most important factors are 1. NO Immigrant Intent, 2. Financial support, and the 3. Relevance, purpose, and details of the educational program. Consult with an immigration attorney and talk with the foreign student adviser at the school that signed your I-20.

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  • Background of sponser household information

    I have a joint sponser in my case at nvc. After couple times send and receive the document relative about affidavit of support , they sent same answer(Your household sponser is not correct !) I ask from my sponser and he told me I never sign an...

    Win’s Answer

    • Selected as best answer

    It certainly sounds like you need a new sponsor. Be aware that you are asking a lot of the person willing to sign and file the I-864. That individual will be on the hook for all cash payments that you might receive in the future from the government. That includes any form of government welfare including food stamps. It does not include emergency medical care. The I-864 signer will continue to be liable until one of 4 things happens in the future... 1. You become a U.S. Citizen, 2. You leave the U.S. and permanently abandon your LPR status, 3. You work and pay into the Social Security system for 10 years (40 quarters), Or 4. you die. Marriage or divorce does not several the sponsor's liability.

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  • Can I request to schedule my asylum interview when I visit the Asylum Office for inquiry about my asylum case status?

    I am going to visit the Anaheim Asylum office tomorrow to check my asylum case status. They say that they give an inquiry form, where you can check the box "I want to schedule an interview" and the officer can schedule you for an interview? Is it ...

    Win’s Answer

    Yes, you are permitted to file the request. I would encourage you to consult with an immigration attorney first and plan to have the attorney attend the interview with you.

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  • USCIS Mailing address

    What address should I send I-129F form and all supporting documents to? My home address is in San Leandro, California

    Win’s Answer

    Where to File

    File Form I-129F at the USCIS Dallas Lockbox facility:
    For U.S. Postal Service (USPS):

    USCIS
    P.O. Box 660151
    Dallas, TX 75266

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