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Barbara Ann Williams

Barbara Williams’s Answers

31 total

  • Can I look for jobs from inside the US after I flew over there for a job interview that I was invited for but did not get?

    I am in the Netherlands right now applying for jobs in the US. I hope to receive one or two invitations and then fly over to the US for those job interviews. In case I will not be hired for any of the jobs I was invited for, I want to continue app...

    Barbara’s Answer

    Attending job interviews is a permissible purpose for a B-2 visitor visa and provides for the option of changing status depending upon the type of employment visa you seek. There are restrictions on various visa categories including filing and start date for the most common employment visa category, the H1B. If you are traveling on the visa waiver, however, which allows you to remain solely for 90 days, then you will definitely need to depart on or before the expiration of your 90 day stay as a change to a different status is not permitted and can bar future US immigration benefits..

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  • I have a green card. If I had a warrant would I have been stopped at the airport by the police? They take fingerprints

    every time we get in. Do they run background checks against FBI?

    Barbara’s Answer

    CBP at the border is not only stopping immigrants with warrants but also US Citizens with outstanding warrants and contacting the enforcement agency which issued the warrant. It is not advisable to travel outside the US if you have outstanding issues particularly of the criminal nature variety. This is a sure way to end up in removal proceedings fighting to keep your green card.

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  • Can he expedite for the Vawa and U-visa. im willing to move to mexico with him...

    My boyfriend was deported to mexico from the United States on May2011. He got a lawyer & has a receipt # for the Vawa and U-visa. They both where received October 2011. It's going to to be almost a year since his deportation but only 5 months sinc...

    Barbara’s Answer

    • Selected as best answer

    I can certainly empathize with what you are going through as your situation must be very difficult. It appears your partner has representation but given privacy issues, you may not be privy to issues or communications going on in the case. It may be more beneficial to have your partner discuss any options for expediting his case with his attorney. If there are issues you feel the attorney is not addressing, it may be helpful to seek out a second opinion, but bear in mind that the attorney would need to see the case file before properly advising you of the options.

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  • Can I apply for my H-1 and her H-4 at the same time?

    I am on OPT(F-1) visa and I am working. My wife is in Canada on student visa. I want to apply for my H-1 in April.

    Barbara’s Answer

    Is your employer or attorney currently preparing the H1B visa on your behalf now? Given the quota on H1Bs, your employer should be taking steps now to get the application and packet ready to file by April 1. Since your spouse is outside the US, she would have to wait until you are in valid H1B status before she will be able to enter. Typically, she won't be able to enter the US until 10 days prior to your start date (Oct. 1). If you haven't already done so, you should consult an experienced immigration attorney to assist in the process of helping her come to the US and making sure your interests are properly represented in the H1B process.

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  • GC through employment and asylum

    Hello! Before I get political asylum in USA I got married, so soon I with my hasband be able to apply for a Green Card. Now Im waiting one year. My husband is H1b visa holder, currently working in USA. He got offer from his company to get GC thr...

    Barbara’s Answer

    Because you are dealing with two very different areas of law, you are best advised to consult with an experienced immigration attorney who can take the time to help review your options under both the asylum and employment based green card aspects. Unfortunately in this unstable economic climate, an RFE for employment based cases is quite common.

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  • Remove the condition residency to permanent timeframe? exact date?

    hi, im very advanced in terms of paperwork esp immigration. my question is my condional residency will expire on march 29, 2013. when is the exact date i can submit the permanent residency application? will it be 90 days before it expires as i hav...

    Barbara’s Answer

    The law requires a person to the I-751 to file within the 90 day period prior to the expiration with a few exceptions. Whether you are okay to travel depends on whether you remain admissible or otherwise impacted your eligiblity for conditional permanent residency. I agree you should consult with an experienced immigration attorney prior to any travel outside the US to avoid problems when trying to seek permission to re-enter.

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  • My husband is petitioning for me. He is filling out form I-130 and form G-325A. For form G-325A, can I add other information?

    By other information, I mean educational background for the five years that I don't have anything to show for employment. I've actually never been employed and know that it's not required but I wonder if they would think I'm lying if I have nothin...

    Barbara’s Answer

    • Selected as best answer

    It would suffice to include information that you have been attending school during the 5 year period. Assuming an interview for the petition or an application for permanent residency, you can certainly clarify for the immigration officer that you are or were a student. There is no requirement that you be employed as an applicant, only that you will not become a public charge, hence the requirement for the sponsor to complete an affidavit of support on your behalf.

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  • Can someon who entered the U.S. illegally but has an approved labor certification change status somehow after reaching priority?

    A friend entered illegally but was hired by a company who paid a lawyer to get a labor certification approved for him. His priority date is still 2-3 years away. But I heard he may never be able to get approval because he came here illegally. D...

    Barbara’s Answer

    He may be able to obtain lawful permanent residency depending upon when he entered the US. A law known as 245i would enable such a person to apply for a green card if a family member a petition or a US employer filed a labor certification for him or her on or before April 30, 2001. There are other factors which may impinge on his eligibility but generally speaking one could under such a scenario obtain permanent residency despite having entered the US illegally.

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  • My wife refuses to come to 1-485 interview.

    My wife has filed and signed all the documents for my adjustment of status(I-485, I-130, I864). We have received the citation for our first interview.She was sick and had to see a doctor. so we called and rescheduled the appointment. We have bee...

    Barbara’s Answer

    If she does not attend, chances are the petition will be denied. This is because the officer will not have the opportunity to interview the Petitioner upon which your underlying green card application is based. If there is are other reasons for her refusal to go to the interview, it may serve as a basis for a self-petition for you if you qualify. However, more information would be needed before anyone can conclusively determine this. You should speak with a qualified immigration attorney in advance of your interview to find out what alternatives are available to you. Nowadays, a denial of the I-130 and I-485 petition will lead to removal proceedings so you need to act quickly.

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  • Ho long should I expect my wife to stay in Mexico while she waits to get her visa?

    I recently filed an I-130 for my wife and it was approved. I am a born US citizen who has never been in trouble with the law. My wife came to the US illegally when she was only 5 years old and has been here for over 20 years. She is a college grad...

    Barbara’s Answer

    It sounds as if she may need a waiver for the unlawful presence which can add a few weeks to several months depending on how well the waiver packet is prepared and if additional information becomes necessary before USCIS can reach a decision. The waiver process is complicated and if not prepared correctly it can lead to considerable delays before her return. Also different consulates process these types of cases differently which could also impact the waiting times. I would strongly suggest you consult an attorney if you have not already done so to assist you in this important process.

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