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Win Chester Eaton

Win Eaton’s Answers

111 total


  • How can I get my pending asylum work permit?

    My asylum case was pending for 5 months. I filed form I-765 and my work permit was granted and online it says it was mailed to my home. But it never arrived. The post office says it was delivered but obviously it wasn't. I called USCIS and they sa...

    Win’s Answer

    You could try making an "INFOPASS" appointment with the USCIS office in Portland and ask them to stamp your passport for work authorization. At one time the local field offices were able to solve your problem by making a temporary EAD. They will likely tell you that they do not have the equipment anymore but it is certainly worth a try. In the mean time - show your employer or prospective employer the I-797 approval letter.

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  • Is there any way i can legalize my husband at the age of 18?

    I am 18 right now and i was born in the united states but my husband was not and i had heard through a friend that you can legalize through marriage once i was 18 that i didnt have to wait untill i was 21 to get him his green card. my husband ent...

    Win’s Answer

    With a legal entry - providing he has not left the country, he should be able to adjust status (get a green card without leaving) under INA 245(a). This is possible providing you are validly married and there are no other disqualifying factors. You should contact an immigration attorney to evaluate your situation.

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  • I entered the country at the age of 12 legally with a vistors visa, but end up staying.

    I attended school from 8th grade and graduated high school. And at the moment I'm attending college. I have not committed any crimes. I have only recieved two unlicensed tickets which I have paid for. About 4yrs ago I moved in with my husband, bu...

    Win’s Answer

    Because you entered the U.S. on a visa, if you have not left the country since entry, and you have proof of entry, you meet the other requirements, you are able to adjust your status (get a greencard) in the U.S. under INA 245(a). If you are in the Fresno area - find a competent immigration attorney - preferably a firm with a State Bar of California, Certified Immigration Specialist on staff.
    [removed]

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  • Applying for Green Card (marriage based) with arrest record.

    Hi! I'm applying for Green Card through marriage with my husband, US citizen. Im still on valid visa. Year ago i was arrested for Grand Theft Felony in Florida.I entered NOT GUILTY plea ( NOT(!!) withhold adjudication or nolo contendere) and enter...

    Win’s Answer

    From what you describe, your case was likely processed as a Delayed Entry of Judgement. You should list the event as an arrest not resulting in a conviction. Supply a certified disposition from the court.

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  • Regarding I90 form

    I got green card Category E27 yesterday. I have only one name 'Sangeeta'. I do not have last name. In my I485 receipt it is 'Sangeeta last Name Unknown'. It is correct since I do not have last name. But my green Card has wrong Info. in first ...

    Win’s Answer

    Options:
    You could list both first and last names the same. You could assign yourself a new name and file an official name change through the local court. If you want a different name on your green-card you will be required to pay the DHS filing fee for the form I-90.

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  • I only have a green card, what identification must be used to order my husband's death certificate?

    My husband & I have been separated for years but have been legally married. He died this month in Nevada. I live in Mexico but am currently staying in California. Online it states there are only 2 valid forms if ID: Driver's License or US Passport...

    Win’s Answer

    You should have your marriage certificate & other I.D. to show that you are the spouse. If you don't have the required I.D. have an attorney or funeral director get the document on your behalf. The following individuals are entitled to an AUTHORIZED Certified Copy of the death certificate.
    A child, grandparent, grandchild, sibling, spouse or domestic partner of the registrant.
    An attorney representing the registrant or the registrant's estate, or any person or agency empowered by statute or appointed by a court to act on behalf of the registrant or the registrant's estate. Any funeral director who orders certified copies of a death certificate on behalf of any individual specified above.

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  • Working FT on OPT which is expiring in May'14. My 5 year student visa expired in 2012. Planning to travel outside USA in Nov'13

    I'm in the USA on a 5 year student visa from India, which was expired in Dec'12. I'm working fulltime in the States for the past 2 years on OPT, whose expiry is due May'14. Now I have to visit India in Oct or Nov 2013. How can I travel and come b...

    Win’s Answer

    If USCIS has approved your OPT you will be expected to have your EAD in hand to re-enter the United States, in addition to your Form I-20, valid passport and visa, and a letter of employment if you have one. If you exceed the limits on unemployment while outside the United States, you will not be eligible to re-enter the United States in F-1 status. Consult an immigration attorney who is Certified as an Immigration Specialist and an attorney with F1/OPT issues. Talk with your adviser before making travel arrangements.

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  • Time duration for I485 filling till receipt of green card

    1. How long does it typically take for I485 application from filling date to be approved and receipt of gc ? 2.Does it vary based on nationality ?

    Win’s Answer

    If the I-485 is family based the receipt notice should arrive within weeks. The interview should be scheduled within 4-6 months. We are seeing longer periods for employment based petitions.

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  • I was asked to sponsor an immigrant who was recently married into my family. I need info on my responsibility

    How long will i be responsible for this person after he gets a work visa. am i responsible for any criminal act he/she may commit. once immigrant starts working and paying taxes can i be released from sponsorship

    Win’s Answer

    The I-864 liability is also severed when beneficiary earns 40 quarters in the Social Security system.

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  • I-130 Q. C17 - "list spouse and all children of your relative" if my relative's wife is 7 moths pregnant what should I write?

    US Citizen filing for my brother abroad, brother is over 21 and married and have a daughter and a boy on the way.

    Win’s Answer

    As stated only children born and alive on the day the I-130 is filed should be listed.

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