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Win Chester Eaton

Win Eaton’s Answers

111 total


  • Is it possible to obtain a waiver from USCIS regarding the domicile requirement of a petitioner who's physically unable to do so

    I have an approved F3 family petition of my father, a US (naturalized) WWII Filipino veteran.Priority date became current last July 2010. We paid all fees and completed our medical exam and were interviewed at the US embassy.Our case was pending s...

    Win’s Answer

    • Selected as best answer

    Your father must be "domiciled" in the U.S. when you immigrate under F3. If Petitioner dies there is a process called humanitarian reinstatement but it requires a new petitioner. Contact an experienced immigration attorney to explore all options.

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  • I am on L1 A visa and I want to know how can I get green card if my company does not file for me?

    I am on L1A visa and I want to know how can I file for green card as my company is not filing yet. Is there any another way to file for green card on L1A. If our baby is born In America and can I file for green card and show that I have t...

    Win’s Answer

    Research the requirements under EB1 as a self petitioner to see if you might qualify. Another way might be under EB5 as an investor. Contact an experienced immigration attorney to explore other options.

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  • When does the proof of relationship need to be submitted for a K-1 Fiance visa?

    I am finding conflicting information on who exactly is responsible for submitting the relationship evidence. We each have evidence, is it all submitted at once with the petition, or all at the once at the fiance interview. OR can the US citizen ...

    Win’s Answer

    There is a lot of bad advice on the internet. Be careful. To avoid getting conflicting advise I would suggest you hire a competent attorney and follow that advise.

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  • Applying H1b while on L1

    Hi ,I am on L1A visa right now and my Visa expires in october 2013 ( 3 year) One of my colleagues L1 extension was denied and i feel the same with me too .I want to apply for H1B for fiscal year 2014 starting on April 1 2013 ,but i dont want ...

    Win’s Answer

    I agree with the previous answer and I would add that you are still subject to the 6 year max for H1B and the time spent in L1 status is counted against the H1B max. Your employer may file for a form I-129 for the L1 extension and file a separate I-129 for H1B status. these are questions that would best be submitted to the immigration attorney who filed the original petition or the attorney working on your case for the employer.

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

    In 1993 the area human resource mgr. Took a quick look at ssn and checked off us citizen and I've been employed /paying taxesfor 20yrs. I'm married to a us citizen. Do I file i485/130? Never left the us. I was fingerprinted for the job. No crimin...

    Win’s Answer

    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 immigration attorney before filing any form with USCIS.

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  • My sister F3 visa was not issued last Aug 24, 2010 due to domicile requirement not met. My father,the petitioner has an intent

    of going back to US but medically not advised to travel long haul flights because of his heart problems.Now he is 92 yrs old, bedridden, deaf and blind.My US citizen brother in NY as a co sponsor of the petition had given my sister an affidavit o...

    Win’s Answer

    Your father is required to reside in the U.S. for your sister to immigrate under the F3 category. Should Petitioner pass away, there is a process called humanitarian reinstatement but it requires a new petitioner. Please contact an experienced immigration attorney as soon as possible.

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  • What we should do if after 3o days we haven't received any receipt for our i-751 packet from USCIS

    We sent our i-751 packet to USCIS California Service Center P.O. Box 10751 LAGUNA NIGUEL, CA 92607 by USPS Mail Express on Feb 13th. and the post office's electronic delivery confirmation says the i-751 packet was delivered on 02/14/2013 at 11:...

    Win’s Answer

    This is unusual but mistakes happen. The normal process is for the CSC to send you a letter within two weeks of filing the I-751 stating that your conditional resident status has been extended for 1 year. In your case - the next step is to contact the USCIS for a status update using their central number 1 (800) 375-5283. You will need personal information to verify your identity. It would be best to contact an immigration attorney to assist you in completing the I-751 process.

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  • My I20 was terminated today due to forging my advisor signature to take a certain class. Can i enter USA again for new school

    Hello,Today my i20 was terminated and I left the country, I live in Canada. I was caught due to forging my advisor signature to register for a class. I am dismissed from school and visa is terminated. I do have a stellar GPA. If i transfer to a ne...

    Win’s Answer

    The prior offense is not a bar to future applications. You have some favorable factors - you left immediately upon instruction and advise of the school, you have a good GPA. If you are able to show remorse and regret and a new school signs your I-20 it is possible that you could be readmitted. Your past offense will certainly be a factor. It is important that you cooperate with the former school in trying to mitigate the damage associated with the expulsion. You should contact an experienced immigration attorney before filing a new application or contacting the former school.

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  • I need advice on filing an Supplement A to form .I-485 in answer to a request for evidence from USCIS

    USCIS has requested additional evidence in regards to my wife's application for "legal status. She is Romanian and traveled here without a visa in 2007 and we were married shortly after. Although she did not have a Visa, she entered through a le...

    Win’s Answer

    I suspect the USCIS "Request for Additional Evidence" is looking for evidence to substantiate her entry. Was she issued an I-94 card? I doubt the "A" supplement is relevant because she entered after December 2000. If she was inspected and admitted at the border and you can prove it, there may be a chance of adjusting her status. This is certainly not the type of case you want to pursue without the advise and counsel of a competent immigration. Contact an immigration attorney as soon as possible - and certainly well before the RFE is due.

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  • My friend needs his record expunged in order to complete his US Citizenship, however he has a felony which involves breaking

    a restraing order and the official charge is 'contempt of court'. I was told that since this is a civil matter it will be extremely difficult if not impossible to expunge or seal this record. I was told by another lawyer that this is not a typic...

    Win’s Answer

    There is not enough information in your question to provide an adequate answer. How long ago did the criminal matter occur? Was it within the past 5 years? Was there an underlying criminal matter to the civil contempt charge? You should contact a competent immigration attorney before filing the form N-400.

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