Samuel Patrick Ouya Maina’s Answers

Samuel Patrick Ouya Maina

San Francisco Immigration Attorney.

Contributor Level 19
  1. My husband overstayed on tourist visa. then he tried to do paper marriage which didn't work so he got divorced

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Alena Shautsova
    3. Samuel Patrick Ouya Maina
    4. Tsirina Goroshit
    4 lawyer answers

    Definitely you should file for a FOIA to get his records. He can use a validly issued Social Security Number for tax purposes. When you say a court hearing, are you referring to immigration court? Or do you mean an interview for his green card before USCIS? If it is immigration court, he may have an order of removal against him. Consult with an attorney before you do anything.

    Selected as best answer

  2. My i-485 is pending due to DUI convictions. I have to go to my country because of serious family emergency.

    Answered over 1 year ago.

    1. Samuel Patrick Ouya Maina
    2. F. J. Capriotti III
    3. Veronica Tunitsky
    3 lawyer answers

    It is risky to leave under these circumstances. Citizenship and Immigration Services can give Advance Parole and Customs and Border Protection can still deny you entry into the US. You may also be subject to a different bar on entry if you have been in this country for a certain period of time in an unlawful status. I would not advise you to leave while your case is pending.

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  3. My friend's H1B has been revoked.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?

    Answered over 1 year ago.

    1. Samuel Patrick Ouya Maina
    2. Madhu Kalra
    3. Alexander Joseph Segal
    4. F. J. Capriotti III
    4 lawyer answers

    I suggest a consultation with an attorney.

    6 lawyers agreed with this answer

  4. If my wife decides to file for divorce in India, what process does she have to go through to serve me internationally in USA?

    Answered over 1 year ago.

    1. Donald Frederick Conviser
    2. Giacomo Jacques Behar
    3. Samuel Patrick Ouya Maina
    4. Gregory Paul Benton
    5. Matthew Thomas Majeski
    5 lawyer answers

    I agree with my colleagues

    6 lawyers agreed with this answer

  5. Can sponsoring someone to come on a tourist visa guarantee approval?

    Answered over 1 year ago.

    1. Samuel Patrick Ouya Maina
    2. Alexander Joseph Segal
    3. J. Thomas Smith Ph.D.
    3 lawyer answers

    There is no guarantee for visa issuance. You can act as financial sponsors but the bigger issue may be proving that your sister will depart the US after her temporary stay - she must show that she has substantial ties in her homeland or country of residence.

    6 lawyers agreed with this answer

  6. Illegal immigrant is married to a U.S. citizen, he wants a divorce but his wife doesn't, what is the best thing to do?

    Answered over 1 year ago.

    1. Samuel Patrick Ouya Maina
    2. Giacomo Jacques Behar
    3. F. J. Capriotti III
    4. Meighan Colleen Lenihan Vargas
    4 lawyer answers

    Sounds like SHE is abusing him - at least psychologically. Have him meet with an attorney to review his immigration options

    6 lawyers agreed with this answer

  7. How long does my mom need to live in the USA if she is sponsoring me for a family based visa?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Samuel Patrick Ouya Maina
    3. Andrew Marino Bramante
    4. Alexander Joseph Segal
    4 lawyer answers

    Find a joint sponsor.

    6 lawyers agreed with this answer

  8. I-140 transferred to another office(California Service Center)

    Answered over 1 year ago.

    1. J Charles Ferrari
    2. Alexander Joseph Segal
    3. Samuel Patrick Ouya Maina
    4. Tripti Sharad Sharma
    5. John M Connell
    5 lawyer answers

    This is a normal practice fro USCIS

    6 lawyers agreed with this answer

  9. What is the wait for the immigration court hearing after the removal proceedings in northern California

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Samuel Patrick Ouya Maina
    3. Alexander Joseph Segal
    4. J. Thomas Smith Ph.D.
    4 lawyer answers

    Depending on the Judge, you could have an Individual Hearing anywhere from 3 months to two or more years after the Master Hearing.

    6 lawyers agreed with this answer

  10. WHAT FORMS DO I NEED TO START THE PROCESS TO GET MY ILLEGAL HUSBAND HIS RESIDENCY?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Christy Han Mohan
    3. Alexander Joseph Segal
    4. Samuel Patrick Ouya Maina
    4 lawyer answers

    Start by filing an I130. If he is 245i eligible he may apply to adjust his status here in the US, if not he would have to consular process but may be eligible for the I601a waiver. He may also be eligible for DACA. You may want to consult with an attorney before moving forward.

    6 lawyers agreed with this answer