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Jennifer Doerrie

Jennifer Doerrie’s Answers

625 total


  • VAWA i-360 pending for 2 years!!! What to do? VSC simply ignore all my requests to adjusticate the case.

    Inquired Ombudsman, Congressman's office. NOTHING helps. Please suggest.

    Jennifer’s Answer

    • Selected as best answer

    Hello,

    Many things can delay cases beyond standard processing times, including complications with biometrics/background checks, verification of the abuser's status/possible loss of status, and even such frustrating things as files getting lost or misplaced. Also, I've had instances where I was told something was pending, only to later learn that information was incorrect.

    You do not mention whether you have worked with or contacted an experienced immigration attorney at any point in this process, but since you indicate you are making inquiries yourself, you may wish to consider getting an experienced attorney involved who can make those inquiries for you and discuss with an officer at VSC the possible reason(s) for the delay. Also, have you or your attorney filed a G-639 Freedom of Information Act request (FOIA) for a full copy of your immigration file? If not, filing the FOIA through an attorney or at least having a consultation to have an attorney review the results may provide some additional insight into what has happened with the case and what is needed to reach a resolution.

    Best wishes,
    Jennifer

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  • Filing denied me a visitor' visa, how do I proceed?

    When I went to US embassy November 2013 the immigration officer told me I was on filing with my mom being done by her brother. I was never aware of it and now 2014 August my uncle is saying I am no longer on filing because I pass the age of 21. Ho...

    Jennifer’s Answer

    Hello,

    Unfortunately, this is a common problem, as applicants for non-immigrant visas like the tourist/visitor visa must show that they do NOT have permanent intent to immigrate. Any old I-130, even one about which you were not aware and were included only as a derivative, is considered to be evidence of a permanent intent to immigrate.

    Your uncle is correct that you would have automatically "aged out" of a claim of derivative status on your mother's I-130 petition upon turning 21 years of age or soon thereafter under a complex set of rules called the Child Status Protection Act. Thus, you could try making the argument to the embassy that you have aged out, as well as showing strong ties to your home country (such as bank accounts, property ownership, immediate family such as spouse or children residing there, long-term employment, continuing education, etc.) that would make it more likely than not you would return to that country after a brief visit to the United States. You also will need to explain the purpose and limited duration of your visit, as well as demonstrate how any expenses (both known and unforeseen) will be paid during your time in the United States.

    Ultimately, though, the decision will depend on whether you are able to convince the official reviewing your application that you have (1) legitimate non-immigrant intent and a valid reason to make the visit; (2) strong enough ties to your own country to help guarantee your return there upon the conclusion of the visit; and (3) proof of room and board and financial support for the duration of the visit.

    Since the sufficiency of evidence often is a rather subjective determination, there is still a risk that the visitor visa application will continue to be denied, even if considerable evidence is presented. Should that occur, the options are to give up, to apply again with additional documentation/ evidence, or to apply for a different kind of visa. Of course, you may wish to have a licensed, experienced immigration attorney review the documentation/evidence you submit to see if the attorney can find areas of concern or offer suggestions regarding more effective presentation to the embassy.

    Best wishes,
    Jennifer

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  • Immigration

    can I apply for D.A.P.A.? 4 Us citizen kids 2 in college 1 in high school 1 in junior high they need me I did get a dui on 1998 Oregon state in Umatilla county I didn't hurt anyone or anything no minors in the car, no jail time, i did pay ever...

    Jennifer’s Answer

    Hello,

    Based on the new enforcement priority memorandum, a DUI conviction is considered a significant misdemeanor and is classified as part of the second tier priority for removal. Thus, I stronly urge you NOT to apply for deferred action without first consulting an experienced immigration attorney about the risks of doing so in your situation, and perhaps a criminal law attorney as well about whether there is any possiblity of post-conviction relief that would be recognized for immigration purposes.

    Best wishes,
    Jennifer

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  • Biometric schedule for I-751 application

    I came to know that biometrics is almost mandatory for I-751. Is there a 87 days window for the appointment? The biometrics notice comes with a 87-days window, and I can ask for 1 time for re-scheduling, which again is valid for 87 days window. ...

    Jennifer’s Answer

    Hello,

    Although USCIS generally will continue to process a case if an applicant shows up for biometrics a few days or even sometimes a few weeks after the interview, that is extremely risky. They sometimes make decisions quickly (much less than 87 days) after a biometrics appointment is missed determining that the case has been abandoned, and reopening or re-filing the applications can be time-consuming and expensive. With an I-751, a finding of abaondonment also risks a possible referral to Immigration Court. Thus, if you cannot make your biometrics appointment either on the day it is scheduled, or almost immediately thereafter, I strongly recommend sending in the appointment notice with your request and valid reason for rescheduling.

    Best wishes,
    Jennifer

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  • I am on a tourist visa. my boyfriend is american. I am pregnant, what choices do I have to stay longer besides marriage?

    my visa allows me to stay legal until april 26th.

    Jennifer’s Answer

    Hello,

    I would encourage you to consult privately with an experienced immigration attorney about your options, as it is not possible to determine which possible option(s) might work best for you without considerable additional information. It is important to be aware that some options have deadlines, so it is best not to wait too long to schedule the consultation. You can find attorneys in your area here on Avvo, at www.aila.org or www.immigrationlawhelp.org.

    Best wishes,
    Jennifer

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  • Can h1b worker who has children( U.S. citizen ) benefit from new executive order(DAPA) ?

    I came to usa in January 2009. Currently maintaining H1B status. I have 2 children who are U.S. citizens. I traveled out of country for 28 days in 2011. Will I be eligible to apply under presidents new executive order for a work permit? If I...

    Jennifer’s Answer

    Hello,

    My colleague is correct that deferred action requires being in the U.S. without other lawful immigration status. It also is temporary (3 years) and may be taken away at any time (including possibly during the 3 year validity period). Thus, if you have lawful status and are able to maintain it, there does not appear to be any benefit to going out of status just to apply for deferred action. If there is some concern or problem regarding continuing your H-1B, however, I would encourage you to consult with a licensed, experienced immigration attorney about other options and consequences.

    Best wishes,
    Jennifer

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  • I-485 approved, welcome letter received.

    I received the welcome letter for an approved i-485 petition, 10 year green card should come within 3 weeks in states. I was wondering at the bottom of the welcome letter it states: NOTICE: Although this application/ petition has bee...

    Jennifer’s Answer

    Hello,

    The government can always verify information at any time. Only they can speak to why the notice is on some forms and not others (lack of space, simple omission, some other reason ...). My guess is that it may have something to do with the fact that conditional residency involves a "reverification" process of sorts at the end of the two year conditional period when the conditional resident has to apply to remove the condition. Since the permanent green card does not have that requirement, the government thought the warning to be more critical on those notices, perhaps.

    Best wishes,
    Jennifer

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  • Do I have a any chance???

    Hi. I'm 33yrs old I came to US when I was 19 yrs old (2002). I'm mother. Of children. 11, yrs old and 18months baby... but in 2008 I got convicted foe a mistuminer (identity theft) I never went to jail.. but I got 3yrs provation and community ser...

    Jennifer’s Answer

    Hello,

    USCIS is still clarifying what crimes will be problematic in the application process. I would encourage you to get the court disposition (certified copy of the judgment and sentence) from the court clerk if you do not already have a copy. Also, it will be important to obtain the dispositions if you have any other arrests or convictions besides this one. Once you have the disposition, I recommend consulting with an experienced immigration attorney about whether the misdemeanor appears to be "significant" or not and whether the significant misdemeanor bar also is going to be applied to the deferred action for parents process.

    Best wishes,
    Jennifer

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  • Immigration : Can my husband apply for the new bill that Obama passed on nov. 19 2014 ?

    I am a us citizen and been married 2 yrs with my husband that is here illegal and we have a 2 year old son. He's been here 12 years and and in 2010 he got a DUI and he payed off his tickets & finished his probation and has not gotten in trouble e...

    Jennifer’s Answer

    Hello,

    The answer to your question will depend on how USCIS handles DUI convictions with the deferred action for parents (DAP) program. With the DACA program that has been in place since 2012, a DUI was considered a serious misdemeanor, which is a disqualifying factor, unless an applicant can show compelling circumstances for still granting deferred action in spite of the conviction. From the information released so far, it appears DAP will have similar requirements, but we are waiting on further instructions, memos, and frequently asked questions, so there almost certainly will be more information about criminal convictions released over the next few months.

    Have you started the process of applying for your husband based on your marriage? Deferred action is only temporary and is subject to revocation at any time, but if he is not otherwise inadmissible, your husband possibly may qualify for residency as the spouse of a U.S. citizen (even with a DUI conviction), although he will require a waiver for unlawful presence. If you have not consulted a licensed, experienced immigration lawyer about whether your husband is eligible to seek residency, I strongly encourage you to do so. You can find immigration attorneys here on Avvo, at www.aila.org or www.immigrationlawhelp.org.

    Best wishes,
    Jennifer

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  • Related to marriage based form I-131

    I am trying to apply for the marriage based green card and I have questions regarding I-131 forms. I am currently having a H1B visa holder but I'd like to apply I-131 forms and I read the advance parole document and but which document I should pre...

    Jennifer’s Answer

    Hello,

    Your question is somewhat confusing. It appears you are asking what else in addition to the I-131 form itself you need to submit with the form. If your H-1B status is still valid and you are still working for your sponsoring employer, you possibly may not require the I-131 at all. Of course, you can still submit it anyway, but you may wish to speak to an immigration attorney about whether it is really necessary for you to do so.

    If you submit the I-131 at the same time that you submit the rest of the adjustment packet, you just need additional photos. However, if it is submitted separately, then in addition to the photos and filing fees you need (1) a copy of your valid photo ID document (such as the biographic page of your passport), (2) a copy of your I-485 receipt from USCIS, (3) a copy of your current H-1B status document - visa/I-94 or I-797 form.

    Best wishes,
    Jennifer

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