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Samuel Patrick Ouya Maina

Samuel Maina’s Answers

2,994 total


  • BIA sustained appeal my asylum application and remanded it to IJ 30 day has passed and DHS didn't appeal. Got a notice from the

    Court to appear for a master calendar hearing so my guess is the IJ going to approved my application for asylum. What do your think?

    Samuel’s Answer

    Perhaps. It depends on the wording of the BIA order. Make sure to keep your Biometrics current so in case the IJ is ready to grant, you will not be set to another master for fingerprinting to clear.

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  • If i apply for the dream act and then get married in the process, to someone outside the u.s, would i still qualify?

    meaning, am not married at the present time, and i qualify for the dream act which i already apply for in may-6-2013, but i want to get married in December -21-2013, with someone outside of the u.s, who has never been in the u.s, if i do get marri...

    Samuel’s Answer

    I assume you mean DACA . Being approved for DACA does not confer on you the right to petition for a relative to enter the US.

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  • DV-2014 - What steps I have to take in order to proceed without leaving US?

    I was selected in DV-2014. I am currently in United States legally. Me and our 2 minor children are dependant of my husband’s E2 investor visa which will expire in Dec 2014. What steps I have to take in order to proceed without leaving US?

    Samuel’s Answer

    I agree with attorney Capriotti. Meet with an attorney

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  • Possible divorce / provisional green card question?

    My husband (uk) and I have been having many issues. He received his conditional green card (2 years) and im now wondering if he used me. In case we get a divorce how can I cancel or revoke his green card? hes verbally abusive and i dont think were...

    Samuel’s Answer

    Sorry to hear that. If he already got the conditional card, chances are a divorce will not stop him from getting the permanent one. All he has to prove is that he entered into the marriage in good faith. The fact that the marriage subsequently broke down will not by itself cause him to be denied residence. If you have proof that he used you you can submit that to USCIS and see if they take any action.

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  • What s next? If ice doesn't let him paid for a bail?

    ice dont let my brother to paid for a bail and he wiil have a hearing court soon, He just been transfer from a criminal jail he been there for 6 month. What's going to happen on he's next court hearing? Ice still have him on detencion.

    Samuel’s Answer

    The best thing you can do is hire an immigration attorney for your brother

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  • My friend's H1B has been revoked. Can a new company apply H1B for him now so he can continue to work with the new company?

    My friend's H1B was revoked by the company he was working. He has attended few job interviews after that and every recruiter feels that he might be restricted by the H1B quota. When he explains he will not, then they discourage him saying they c...

    Samuel’s Answer

    I suggest a consultation with an attorney.

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  • Do I have to declare my spouse annulment in my I-485 employment-based Green Card application?

    I am waiting to file I-485 employment-based green card application. My spouse has an annulment in our home country before. My question is do I have to declare it? My spouse does not have the annulment document with her though.

    Samuel’s Answer

    Where in the 485 does it ask about spouse's prior marriages?

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  • F1 visa. What applications that I need to submit beside I-765 ?-when I can be able to quit school after i marriage ?

    I am an international student here on an f1 visa. In June I plan to marry my American girlfriend, whom I have lived with since 2010. the next semester will start in 20 august and i don't know if i will be able to pay my school tuition next semest...

    Samuel’s Answer

    1. Once you have work authorization
    2. Whenever you want, assuming the green card is ultimately approved
    3. Too many to list here. You can find them on the USCIS website. Better yet, consult with an attorney.

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  • Please i need your advise. My husband received a NOID letter

    Please i need your advise. I got married in 2011 and my husband filed for FI-130. we went for interview and they were a few discrepancies, the USIS went to my previous home asking neighbors questions and also to my current home but i was at work. ...

    Samuel’s Answer

    You need to determine whether you and your husband will get back together again. Also sit down with an attorney you feel comfortable with and explain all of this to them. Refusing to reply will most definitely lead to a denial and possible fraud finding as the NOID indicates.

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  • Is it recommended to file an I-130 when married to an undocumented person?

    I was told that filing an I-130 is recommended even when you're married to an undocumented person. Is that correct? Why would it be beneficial? Isn't there a huge risk of deportation because all personal information is now known by the USCIS?

    Samuel’s Answer

    Before you file you should consult in detail with an an immigration attorney. There may be relief available but without knowing more information, one cannot make a general pronouncement that you file for an undocumented person in all cases.

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