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Randall Lloyd Caudle

Randall Caudle’s Answers

2 total

  • I have a question on form I-751 reguarding if I check yes or no?

    I am in the process of filing an I-751 for myself. 7. Have you ever been arrested, detained, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations), or committed any crime which you...

    Randall’s Answer

    I-751s can be a lot more complicated than they appear.

    If you are no longer with your U.S. Citizen spouse, there are major complications to the I-751, including possibly getting denied and given a Notice to appear in immigration court removal proceedings.

    You should answer "Yes" to the arrest... question and explain in an addendum. You will need county court records showing the final disposition of the case.

    FBI records (which are checked by USCIS) do not always have final disposition (or outcome). FBI records do have all arrests. You can order your own FBI records for a nominal charge and the FBI only takes approximately 6 weeks to get your records back to you.

    An I-751 can be approved in approx. 4 months without interview, can be sent to local office for interview, or can be denied and NTA'd (NTA means you get a Notice to Appear in immigration court removal proceedings).

    You should consult an attorney with experience in I-751s.

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  • My American husband filed I-130 for me. My biom appointment will take place soon. We will get divorced. Can I continue?

    My husband and I filed my I-130 (+ I-864 + I-131) in September. I have several letters and photos with our families to show that it was a good faith marriage (which is was). However, shortly after the marriage I found out that my husband had cheat...

    Randall’s Answer

    Dear Ms. Foreign National on H-1B -

    You can continue with your pending marriage to U.S. Citizen green card case. If you appear on your own at the USCIS interview, the USCIS local officer will very likely deny your I-485 adjustment of status green card application. You should not lie to USCIS and you should not commit fraud.

    If you are still working for the petitioning employer on your H-1B, you will still be in valid non-immigrant status, even if your green card application is denied.

    If you and your husband are willing to try and make the marriage work, you have enough documentation and photos showing that it is a good faith marriage, and your husband goes to interview with you, you can still get approved for U.S. Legal Permanent Residence and your green card.

    Good luck and I wish you all the best in your future!

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