Barbara Ann Williams’s Answers

Barbara Ann Williams

San Francisco Immigration Attorney.

Contributor Level 9
  1. 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 almost 4 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...

  2. I am holding B2 visa and my husband is working on OPT.He has applied for H1b this april the same is on hold reason not known yet

    Answered over 5 years ago.

    1. Barbara Ann Williams
    1 lawyer answer

    The problem of entering the US on a B-2 is intent. If you can establish that your intention on entering the US under the B-2 is to visit and that you plan to return before your authorized stay expires, then you will be allowed entrance. If your husband is currently an F-1 student (pending the outcome of the H1B visa petition), you should be able to enter the US as a dependent in F-2 status. However, once the H1B petition is approved, you would need to obtain a change of status to H4. It...

  3. Can I sue an immigration attorney for filing the wrong paper work for my immigration case and get my money back?

    Answered over 5 years ago.

    1. Leon Ben Hazany
    2. Barbara Ann Williams
    3. Elaine Carol Schneider
    3 lawyer answers

    Whether you should sue your prior attorney is dependent upon the specific facts. Is this person indeed an attorney? Do you have a written agreement with him or her that outlines their obligation to you? During the consultation with the attorney did you thoroughly discuss your eligibility for the immigration benefits? From your question, it is not clear whether you entered the US legally (with papers) or not. You mentioned your USC husband filed something for you before and that you were...

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

    Answered over 2 years ago.

    1. Eugene J. Glicksman
    2. J Charles Ferrari
    3. Barbara Ann Williams
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  5. 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?

    Answered almost 5 years ago.

    1. Barbara Ann Williams
    1 lawyer 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...

    2 people marked this answer as helpful

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

    Answered over 3 years ago.

    1. Barbara Ann Williams
    2. Ralf D. Wiedemann
    2 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered over 3 years ago.

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

    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...

    1 person marked this answer as helpful

  8. 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.

    Answered almost 4 years ago.

    1. Barbara Ann Williams
    2. Philip Alan Eichorn
    2 lawyer answers

    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...

    1 person marked this answer as helpful

  9. 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?

    Answered almost 4 years ago.

    1. Barbara Ann Williams
    1 lawyer 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...

  10. Will i be called for a second interview?

    Answered almost 4 years ago.

    1. Barbara Ann Williams
    1 lawyer 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.