Win Chester Eaton’s Answers

Win Chester Eaton

Bakersfield Immigration Attorney.

Contributor Level 10
  1. How difficult is it to apply for green card or permanent residency for a F-1 visa holder?

    Answered about 2 years ago.

    1. Win Chester Eaton
    2. Elliot M.S. Yi
    3. Jeffrey Adam Devore
    4. Anthony Meleika Aboseif
    4 lawyer answers

    The fastest way for you to adjust status to that of a permanent resident is through marriage to your long term boyfriend. If you marry for all the right reasons, love etc you will likely have a green-card within 5 months of the marriage and filing the petition and applications. You do not need to file for a K-1 visa unless you are out of the U.S. You could be eligible to apply for U.S. citizenship after 3 years of marriage to a U.S. citizen if you are still together and living in marital unity....

    3 lawyers agreed with this answer

  2. Background of sponser household information

    Answered over 1 year ago.

    1. Win Chester Eaton
    2. Wendy Rebecca Barlow
    3. Eugene J. Glicksman
    3 lawyer answers

    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...

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  3. H1B request for extension denied on Oct 30 2012, will I be ineligible to apply for other visa in the future?

    Answered about 2 years ago.

    1. Win Chester Eaton
    2. J Charles Ferrari
    3. Akanksha Kalra
    3 lawyer answers

    First the question of your planned departure from the U.S. for the purpose of marrying your USC boyfriend - It would be a significant mistake to leave the U.S. at this point. If you change your plans and marry your USC boyfriend in the U.S., you are eligible to adjust your status in the U.S. You would not be able to leave the U.S. while the adjustment of status application is pending - if you leave the application is considered abandoned. Under this process you will likely have your employment...

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  4. Hi, i have entered usa on the basis of b1 visa..what all I can do so that I don't have to go back to India.

    Answered almost 2 years ago.

    1. Win Chester Eaton
    2. J Charles Ferrari
    3. Lachezar Vanchev
    3 lawyer answers

    A B1 visa entry means you are a business visitor and authorized to do things related to your business purposes. There may be immigrant options including EB5 investment, EB1 extraordinary ability, EB2 advance degree or national interest waiver, as well as a host of non-immigrant options as well. Select an immigration attorney, preferably a certified immigration specialist to thoroughly explore your opinions.

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  5. Affidavit of Support for Immigrant Petition, need clarifications on who can be liable later on.

    Answered almost 2 years ago.

    1. Win Chester Eaton
    2. William Antoine Hannosh
    3. J Charles Ferrari
    4. Thomas J Dao
    4 lawyer answers

    The petitioner and signer of the I-864 is promising the government that beneficiaries will not become a public charge. Petitioner will be liable for Cash Payments received from the government. Emergency medical is not considered cash payments.

    2 lawyers agreed with this answer

  6. HOW LONG BEFORE WE GET AN ANSWER CONSIDERING INS MADE A MISTAKE

    Answered almost 2 years ago.

    1. Alexander Joseph Segal
    2. Win Chester Eaton
    2 lawyer answers

    Was the N-400 filed with assistance of an attorney? Was the N-400 denied? Was an RFE issued asking for additional information? USCIS often takes several months to adjudicate an N-336. If the N-400 and N-336 were not filed with the help of an attorney, I would suggest you enlist the help of a competent immigration attorney to follow up with USCIS.

    2 lawyers agreed with this answer

  7. False claim was indirectly made on the I-9. Will i be removed and inadmissible. I married a US citizen.

    Answered about 2 years ago.

    1. Win Chester Eaton
    2. Alexander Joseph Segal
    2 lawyer answers

    Now that you are aware of the mistake - take steps to correct it. It sounds as though it was not done to gain an immigration benefit. While a false claim to U.S. Citizenship is a very serious charge and could result in a permanent bar to reentry - from what you are describing - it is likely the mistake can be fixed without consequence. Please contact an experienced immigration attorney for assistance in resolving the matter. As for filing the I-130/I-485 you would be well advised to hire an...

    2 lawyers agreed with this answer

  8. I am a green card holder getting a divorce

    Answered about 2 years ago.

    1. Karen-Lee Pollak
    2. Dean P Murray
    3. Win Chester Eaton
    4. Stephen D. Berman
    5. Geoffrey Alan Hoffman
    5 lawyer answers

    If you do not have insurance then you are likely responsible for your medical bills. As for the I-864 signer liability, emergency medical is not considered "Cash Payment" from the government. The I-864 sponsor will be liable for any future case payments in the form of public assistance from the government regardless of marital status or divorce. Be careful though - don't accept benefits you are not entitled to or you may have problems later when you wnat to become a U.S. Citizen. Consult with...

    2 lawyers agreed with this answer

  9. My husbands' H1B VISA expires in August. We are just applying for his green card. Will a work permit be ok for him?

    Answered about 2 years ago.

    1. Win Chester Eaton
    2. Tripti Sharad Sharma
    3. F. J. Capriotti III
    3 lawyer answers

    You have apparently left out some critical information - does he plan to adjust status based on your marriage because you are a U.S. Citizen????? If so then he will likely complete the process before August if you file now and you employ the advice and assistance of an experienced immigration attorney. If this is the case - he will likely receive an EAD within 90 days of filing the form I-765. If you are not filing for a gtreen card based on your marriage but rather through employment there...

    2 lawyers agreed with this answer

  10. I filled out my mother's n-445 because she does not know how to write English and her signature is different from my writing?

    Answered about 2 years ago.

    1. Win Chester Eaton
    2. Morgan Laine Place
    3. Dean P Murray
    3 lawyer answers

    If you have signed your mother's N-445 "Notice of Naturalization Oath Ceremony"at her instruction and in her presence it may be okay but there could be questions of validity raised at the ceremony. You may want to use a new form and have her sign it in whatever means she normally signs things. If it is an "X" then that is what she should sign. It minimum you may want to tell the agent at the swearing in ceremony that your mother needs to sign the N-445 again. I expect they will accommodate her....

    2 lawyers agreed with this answer