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Barbara Ann Williams

Barbara Williams’s Answers

31 total

  • (i-918 application, U-1) Is that immigrant visa or non-immigrant visa?

    Is (i-918 application, U-1) that immigrant visa or non-immigrant visa?

    Barbara’s Answer

    It is a non-immigrant (temporary status) visa but if one holds U status for at least 3 years, they may apply for lawful permanent residency (green card). The applicant must have been a victim of a crime enumerated under the regulations and obtain a certification from
    a federal, state, or local law enforcement official certifying the following:

    ■The alien has been a victim of qualifying criminal activity;
    ■The alien possesses information about the qualifying criminal activity; and
    ■The alien has been, is being or is likely to be helpful to the investigation and/or prosecution of that qualifying criminal activity.

    For more information, go to our

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  • Is it possible for an immigrant to come back as a permanent resident (green card) in 6 months?What does he need to do in Mexico?

    The immigrant's case is the following, he is married to a US Citizen, has 2 children under the age of 2, been together for 3 years and married for 1 year. He was granted voluntary departure so he left. I filed the petition, and USCI told me he wil...

    Barbara’s Answer

    Because he was formally in removal proceedings, he will need to have his immigrant visa application processed by the US consulate in his home country. Once the I-130 Petitino has been approved, the Petitioner will be provided instructions by the National Visa Center on the steps required for consular processing. He will likely also require a hardship waiver to overcome any bars against re-entry including for any overstays or entries without inspection. If he's previously entered without inspection, overstayed, departed and then re-entered illegally, he may be permanently barred from re-entering even with an approved I-130 Visa Petition.

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  • Will i be called for a second interview?

    i got my permanent resident card through marriage . will i have to go for the secong interview after 2 years because i heard that sometimes you just need to send your documents without any inteview, is that correct?

    Barbara’s Answer

    The answer is: It depends. A small percentage of jointly filed applications are selected for audit and will require a 2nd interview. Others may be able to stand on their own with sufficient documentation. The key is to document the bona fides of your marriage heavily with evidence spanning the length of the marriage.

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  • 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..

    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..

    Barbara’s Answer

    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 have overstayed can also impact his applications making it harder, if not impossible to overcome. In this case, filing the family petition becomes critical and because there are long waits in this category, the sooner it is done, the faster he can get in line to obtain an immigrant visa.

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  • 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..

    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..

    Barbara’s Answer

    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 have overstayed can also impact his applications making it harder, if not impossible to overcome. In this case, filing the family petition becomes critical and because there are long waits in this category, the sooner it is done, the faster he can get in line to obtain an immigrant visa.

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  • I came to the USA on the Visa Waiver Programme. I married a US Citizen and we have filed the I-130, which has been approved.

    We have had a baby together, but our marriage is in trouble and he has told me to get out of his house. He also says that he will fight me for 100% custody of our baby, so that I will have to return to my home country without my baby. I have acc...

    Barbara’s Answer

    Often well-meaning people can turn ugly and use one's immigration status (or lack thereof) against the person and threaten deportation as may be in your case. This can constitute abuse. If you are in an abusive situation, you may be able to petition for a green card as a battered spouse on your own by demonstrating either emotional or physical abuse. We handle both emotional and physical abuse cases and we strongly suggest you discuss this with an immigration attorney and options for remaining in this country legally. I would also advise that you speak immediately with a family law attorney to clarify your rights concerning your child.

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  • I need to renew my b1/b2 visa, i got my visa when i was 12, what will i need now that i am a adult?

    My mother applied for my visa when I was 12 and I got a 10yr visa. Now i need to renew my visa in 2011 but I have no idea how to do this now that I am a adult, I have been to the US about 3 times but always with my mother. Are there other requirem...

    Barbara’s Answer

    When applying for a tourist visa (B1/B2), and most other temporary visas, you will need to show non-immigrant intent. This means that at the end of your vacation to the US, you will return home and have no intentions of living in the US. This is done by demonstrating you have strong family and community ties to your home country. If you are currently attending college, have a job, own property, have family members and other significant ties to your home country, coupled with evidence that you've always returned on time after each US visit without violating the terms of your prior visa, then chances are your visa application can be approved.

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  • How can i gey my husband home they denied his wavier

    can you help me i need my husband home they say i need 2 fill out 1290b what can i do

    Barbara’s Answer

    What type of waiver did he file? What is the basis of the waiver? Where did he file the waiver? Form I-290 B is form to have the decision reconsidered or appealed. Depending upon the strength of your evidence, it may be better and faster to re-file your waiver application. We have successfully filed waivers before where the application was previously denied by helping clients bolster their evidence and gather the appropriate documentation to ensure a much stronger, solid case.

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  • My wife is supposed to present herself to ICE ext week and she is here illegally. will she be arrested

    my wife is supposed to present herself to ICE ext week and she is he re

    Barbara’s Answer

    It sounds like this may very well be the case. I would strongly advise you retain an attorney immediately who can counsel you properly beforehand. There may be remedies available to her that may not be taken into consideration by ICE without immigration advocacy.

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  • Will anyone take our case?

    My husband is under removal proceedings, Awaiting EOIR. He has an appointment with immigration in 2 weeks, I am trying to file his I-130 and our G-325A 's before this day, both of which i have filled out but am not completely confident I have done...

    Barbara’s Answer

    You should be able to obtain a list of low cost or free legal assistance either through the Immigration Courts or through the local Bar Association in your state. As your spouse is currently in immigration proceedings, if he does not have an attorney for his hearing, he will be assigned a pro bono attorney just for that day to help him make his appearance. The judge should give him time to file whatever documents you need to file to help his case. If you are a US citizen, you should appear in court with him and advise the judge what you are filing on your husband's behalf. Speak with a lawyer about the specific facts of this case and both of your immigration histories before the court appearance however, to make sure you do not miss anything.

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