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Win Chester Eaton

Win Eaton’s Answers

111 total


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

    My spouse is planning to petition his parents to join him here in CA as immigrants. Now, I understand he needs to sign an affidavit of support for both his parents. Since he make decent income, he can just do the affidavit himself. Now, if it turn...

    Win’s Answer

    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.

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  • My husband is under an immigration bond do I need to get a immigration lawyer to put a bond on the immigration hold.

    Or after he is done with all his charges and wait the 48 hours and ice does not pick him up do they have to let him out.

    Win’s Answer

    An immigration bond means he is required to go to immigration court or depart the US. You need an experienced immigration attorney NOW. Do not start down this road alone.

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  • 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.

    I m 24 years n my Name is jasleen and I have done BDS that is bachelors in dental surgery from India..I want to know all options available on b1 visa as I have got the visa on the basis of a certificate program that I am going to attend in August ...

    Win’s Answer

    • Selected as best answer

    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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  • Pending case

    I contacted the immigration about my pending I 485, amd they said it's pending adjudication, I do not know what that means.

    Win’s Answer

    How long ago was the I-485 filed? Basically it means they have not processed the I-485 yet. Most USCIS offices are taking about 4 months to process an adjustment of status.

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  • So my husband's i601 was approved, now we received a letter indicating that he does not need other appointment

    they asked for new physical, passport and to send through cargo expreso in guatemala, how long for him to receive his visa to return to u.s.? thank you in advance

    Win’s Answer

    Congratulations - you are almost there. They will generally send the passport back with the new visa within a few weeks. Make sure the address you give them for return of your passport is correct.

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

    USCIS OFFICE IN SANBEREDINO CALIFORNIA MADE A MISTAKE ON MY MOTHERS N-400 AND MISSED ONE OF HER ENTERY DATES TO US.WE FILED N336 IN FEBRUARY 2013.

    Win’s Answer

    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.

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  • Change in online status updates

    The review of your I129, PETITION FOR A NONIMMIGRANT WORKER was completed. I have submitted my RFE response and after 20 days my status changed as completed. What does it mean? Now a days many are getting similar updates ( mostly after RFE respons...

    Win’s Answer

    • Selected as best answer

    You will have to wait until the letter arrives to see for certain what has been decided. Do not assume the worst. Each case is different. Because one case is denied on similar facts does not mean that your case will be denied. Your decision letter should arrive very soon.

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  • Can I withdraw my I-864 as joint-sponsor for a concurrently filed I-130 & I-485 before the finger print appointment?

    Applications has been send and received. Finger print appointment has not been set up yet. Can I write to the immigration and withdraw my affidavit of support. I signed as a joint-sponsor for my sister assuming her husband would also send in hi...

    Win’s Answer

    You may withdraw your I-864 by contacting USCIS and notifying them of your withdrawal in writing. It would advisable to contact an immigration attorney for assistance with the process. For general information you could call USCIS at the following number: 1 (800) 375-5283

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  • Can I use Medicaid for pre-natal and delivery purpose as an LPR without becoming a public charge?

    I am an LPR married to a USC. My husband got laid off after I got pregnant. I have also lost my job. I heard about emergency medicaid available to LPRs without the fear of becoming public charge. I also dont want to impose any financial respon...

    Win’s Answer

    Delivery of the baby under Medicaid would likely be considered emergency medical and would not trigger I-864 liability. Prenatal care however would likely trigger liability if paid for by a government program such as Medicaid.

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  • I enter US last Oct 2, 2012 and ill be back in the Phils on March 31, 2013. Can I enter again after a month or after 2 months

    i have multiple entry, 10 years, B1/B2 visa and im traveling since 1995, i enter october to december 2011 when my sister died in texas, then enter again October 2, 2012 to March 31, 2013 in California, Iam 56 years old and have part-time wor...

    Win’s Answer

    The number one question the CBP officer wants to know is whether you have ANY IMMIGRANT INTENT. Is it certain that you will leave the country before your authorized stay expires. No violations of your visitor status in the past is a good factor that will be considered. The stronger the evidence of your substantial ties to your home country the better. Hard to say if you will be allowed enter on denied.

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