Barbara Ann Williams’s Answers

Barbara Ann Williams

San Francisco Immigration Attorney.

Contributor Level 9
  1. How do we apply for residency for an illegal immigrant marrying a US citizen?

    Answered over 4 years ago.

    1. Barbara Ann Williams
    2. Deniz Sevim Arik
    3. Michael D. Baker
    4. Shah Iqbal Nawaaz Peerally
    5. Andrew Wilson
    6. ···
    6 lawyer answers

    Under current US Immigration Law, you are left with few options if you are indeed undocumented and came without papers (EWI). While ordinarily marrying a US Citizen would put you ahead in line for a green card, you will likely be unable to apply for a green card administratively without leaving the US and processing at a consulate abroad. However, voluntarily departing the US even to consular process will pose huge problems for you as under 212(a)(9)(B)(ii) of the Immigration Act, you will...

    23 lawyers agreed with this answer

    10 people marked this answer as helpful

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

    Answered over 2 years ago.

    1. Barbara Ann Williams
    2. J Charles Ferrari
    3. Curtis Frederic Pierce
    3 lawyer answers

    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...

    Selected as best answer

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

    Answered over 2 years ago.

    1. Eric M. Mark
    2. Yolanda Navarrete
    3. J Charles Ferrari
    4. Barbara Ann Williams
    5. Alexander M. Ivakhnenko
    5 lawyer answers

    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.

    9 lawyers agreed with this answer

  4. 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?

    Answered over 2 years ago.

    1. Barbara Ann Williams
    2. F. J. Capriotti III
    3. Paul DeWitt
    4. Neil Ian Fleischer
    4 lawyer answers

    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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  5. GC through employment and asylum

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. Barbara Ann Williams
    3. Eugene J. Glicksman
    4. Wendy Renee Whitt
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

  6. 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?

    Answered about 1 year ago.

    1. J Charles Ferrari
    2. Barbara Ann Williams
    3. Daniel Patrick Hanlon
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 2 years ago.

    1. Neil Ian Fleischer
    2. Jeffrey Adam Devore
    3. F. J. Capriotti III
    4. Marc Richmond Amos
    5. Deborah Lynne Karapetian
    6. ···
    6 lawyer answers

    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.

    3 lawyers agreed with this answer

  8. Remove the condition residency to permanent timeframe? exact date?

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. Luis Alberto Guerra
    3. Barbara Ann Williams
    3 lawyer answers

    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.

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

    Answered over 3 years ago.

    1. J Charles Ferrari
    2. Barbara Ann Williams
    2 lawyer answers

    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...

  10. How can i(citizen) bring my brother who is unmarried to USA,he is 30 year old.His visit visa was rejected couple of times..

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. Barbara Ann Williams
    3. Lynne Rogers Feldman
    4 lawyer answers

    US Citizen siblings can petition for their brothers or sisters by filing form I-130 and having the individual consular process when a visa becomes available. As for his prior visa applications - - I assume these are non-immigrant visa/tourist visa applications - - it may be that he failed to adequately demonstrate that he has significant ties to his home country (family, career or job, school, real property) to warrant his return. Also, other family members who have received visas but may...