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Samuel Patrick Ouya Maina

Samuel Maina’s Answers

2,994 total


  • Does USCIS request additional evidence at any point of the immigration process?

    I sent out my I-130 I-485 and I-765. I got my biometrics done on April 2. I havent receive any RFE yet. i was wondering if this means that everything is going ok so far?

    Samuel’s Answer

    It is impossible to say since it has been only a few days since the BioMetrics were done. CIS can send an RFE at any point during the process - even after you have been interviewed.

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  • Where should i apply my immigration application ?

    i have strong case for wave or vawa? husband has been abuse me since i came here and get arrested , i have doctor reports police reports and RO, I lived in Oakland, but going to move to LA, my green card will expired at end of sept, so can i file ...

    Samuel’s Answer

    If you have been abused it would appear you have a case - but you should speak with an attorney in detail before filing anything. You can file no matter where you live - the applications are all filed in one office, so your place of residence is not an issue.

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  • Green card for my girlfriend who is currently on a tourist visa

    I am holding a green card. I want to marry a girl who is currently on a tourist visa(b1/b2). She cam here 15 days back and we were introduced to each other by a common friend.Now I see that f2a visa category is current in the August Visa bulletin...

    Samuel’s Answer

    I agree with my colleagues. It is possible but there are many potential problems.

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  • How long does it take to receive USCIS receipt?

    I currently have valid H1B visa and my new sponsor is applying for a new H1B for me. All documents got delivered to California center on July 29, 2013 and the receipt hasn't issued yet. How many days should I wait?

    Samuel’s Answer

    At least 3 weeks for any USCIS receipt

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  • I have recently filed to renew my green card i was wondering if they can deny my application since i was a studying abroad

    I have recently applied to renew under the change in biographic information since my picture in the card is from when i was 12. I basically stayed 5 years in the United Statesafter receiving green card and then I had gone abroad in a non american ...

    Samuel’s Answer

    On your facts it does not seem likely you would be denied, but as my colleague suggests, for any extended stays abroad a reentry permit might be a safe way to go.

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  • My friend was a victim of attempted arm robbery , his assailant was arrested .and charges filed can he get a visa /green card

    He was walking home when a African American man pulled out a knife .and proceeded to put knife against victims ribs and demand money. Assailant was caught by officers and arrested.

    Samuel’s Answer

    Your friend should speak with an attorney about the possibility of filing for a "U" Visa.

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  • Can I get married in a state that has gay marriage but live in one that doesnt and then sponsor my husband for a green card?

    we want to get married in NY but live in south carolina, can i still get a green card for him?

    Samuel’s Answer

    There is no problem getting married and filing the petition. However, CIS has made comment that they may consider "the law of the state of residence in addition to the law of the state of celebration of the marriage" when adjudicating the petition, and that if necessary they will issue guidance in the future. My opinion is that it would be very difficult to deny such a case solely on residence issues IF a heterosexual couple would otherwise be approved under the same circumstances.

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  • If I get married ( gay couples ) can I filled up the peticion for his green card ?

    I heard that Supreme Court struck down the DOMA so can get my partner his green card without problem I meant like a hetero peticion , same process ? About my partner ... He came to USA with a student visa ( j1) It's expired already... Thanks for y...

    Samuel’s Answer

    Yes, assuming you marry your partner you may petition for him. if you are a US citizen the fact that he overstayed his visa should not be a problem.

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  • How much is an income requirements?

    I'm applying for a green card from Russia and I am not sure what amount of income should he have to be able to ask for me.

    Samuel’s Answer

    It depends on the sponsor's household size. You can see the requirements here:

    http://www.uscis.gov/files/form/i-864p.pdf

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  • What is the reason the company does not want to hire someone with EAD while have the green card interview scheduled?

    I came on a K1 visa, and just got my EAD card. However, for one company I contacted, the HR said they would only interview me when I have my green card. I think I will get the green card for sure, and isn't the purpose of the EAD card is for peop...

    Samuel’s Answer

    You may not get the green card and the employer will have to start the search/hire process again.

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