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Otis Carl Landerholm
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Otis Landerholm’s Answers

251 total


  • Visa or Greencard?

    My questions is: What is the form necessary to bring parents to the USA if they are living overseas, do they get a Visa (How Long) or a green card?

    Otis’s Answer

    If you are a US citizen, then the form you might be thinking of is the I-130 petition for alien relative. Citizen's can file I-130s to petition for their parents' green cards. This is not an easy process, and I recommend you find a lawyer to help.

    If you are not a US citizen, your parents should examine their options for visas to come. There are many different types of visas, tourist visas, student visas, investor visas, employment visas. They should talk with an attorney they trust to see if they're eligible for any of them.

    Good luck,

    Otis C. Landerholm, Esq.
    www.LanderholmLawOffice.com

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  • Did I overstay? Could I successfully reapply for a new F-1 visa? If so, will I be denied at the port of entry?

    Hi, I was studying in the US on a F-1 visa, but due to some circumstances my I-20 was terminated and I fell out of status. However, I continued to stay for 5 months and then simply left for my home country. During this time, I did not receive any ...

    Otis’s Answer

    I agree with my colleagues. Good luck.

    Otis C. Landerholm, Esq.
    www.LanderholmLawOffice.com

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  • Question 1: Do I need a letter of employer because I didn't work the last month? Question 2: birth certificates and scrow?

    I am a u.s citizen and my wife has visa B2. I send the I-130 2 years ago,when I was permanent resident. now,I have my I-485 package ready to send,but I have to send the last 4 check stubs,but what happens if I didn't work the last month? I have to...

    Otis’s Answer

    Hello. The law requires that you show you have enough income to support yourself, your spouse and any dependents at 125% of the federal poverty guidelines. If you didn't work last month, and if you have a reasonable explanation for why you didn't (e.g. you're in transition between one job and another), than it might not be an issue as long as you can show that you still will meet the income requirements. If you have trouble showing the income, you can use your assets or a joint sponsor to help.
    If you have further questions about this, I highly recommend speaking with an attorney.
    Good luck.

    Otis C. Landerholm, Esq.
    www.LanderholmLawOffice.com

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  • Can US Citizen living abroad sponsor brother's citizensip?

    I am a US Citizen and planning to settle out of USA. I would like to sponsor my brother for US citizenship. Will I be able to sponsor him if I am living out of the country? My brother is currently on H1 visa working for a US firm.

    Otis’s Answer

    My colleagues are correct. You can file a petition for your brother and it doesn't matter where you are currently living. It'll just take a very very long time. Also, be forewarned that the proposed Senate immigration bill, if passed, might do away with the ability to petition for siblings - so it might be worth submitting sooner rather than later.
    Good luck.

    Otis C. Landerholm, Esq.
    www.LanderholmLawOffice.com

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  • I'm more than 5 years in the country, graduated community college, now working on OPT. My status will expire in several months.

    What are my other options? To extend, to change status? What would be my way to the permanent residency?

    Otis’s Answer

    Asylum, U-visa.
    Consult with an immigration lawyer near you, and see if you're eligible for anything.
    Good luck,

    Otis C. Landerholm, Esq.
    www.LanderholmLawOffice.com

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  • Dear Lawyers.

    I'm an out of status student since 03.08.2013 and DHS took my passport when I wasn't at home i wanted reinstate my status but DSO said it is useless. dear lawyers please answer how can remain in US legally. are there any other options? my visa w...

    Otis’s Answer

    You are likely out of status. At this point you should consult with an attorney quickly to see if you might be eligible for Asylum, to see if you might be eligible for a U-visa, VAWA or some other form of immigration relief. If not, you might need to go home, or risk being deportable.
    Good luck,

    Otis C. Landerholm, Esq.
    www.LanderholmLawOffice.com

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  • What is the difference in average processing time b/w Fiancé Visa and Spouse Green Card?

    I am hoping to marry my American girlfriend and come live in the US (I am currently an EU citizen and resident). We are considering to either first get married and apply for a Green Card for me later, or to apply for a Finacé Visa and then get mar...

    Otis’s Answer

    Hello. I agree that the difference in processing times is minimal enough to not matter too much. Although, theoretically, a K-visa (fiancee visa) should be processed more quickly through the consulate than a green card (but then there's still an additional step of applying for the green card once the beneficiary is in the US). However, another thing to keep in mind: there are subtle evidentiary considerations worth thinking about. When you directly apply for a green card, you should submit evidence that you are a legitimately married couple. For younger couples it is sometimes difficult to provide evidence of this. It is therefore sometimes easier to show the evidence required for a K-visa (that you intend to marry and are legally able to get married). This could make the K-visa slightly easier for some couples to get approved.

    If you have more questions, feel free to call my office.

    Otis C. Landerholm, Esq.
    www.LanderholmLawOffice.com

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  • If asylum denied during F1 and have used work permit.

    I'm currently full time student in F1. I gave my fingerprints for asylum and Its been 150 days I have been waiting for my asylum interview. If I file work permit after 180days and continue being full time student and incase in future if my case g...

    Otis’s Answer

    I agree with my colleagues.

    Otis C. Landerholm, Esq.
    www.LanderholmLawOffice.com

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  • Received USCIS website notification that my I131 travel authorization was approved, can I travel now?

    I am waiting for my I485. I just received notification from the USCIS website that on June 8, 2013, we mailed you a notice that we have approved this I131. I want to leave the country as soon as I can - I am Canadian - can I leave now and have ...

    Otis’s Answer

    I agree. Wait until you have the document, and make copies of it (even scan a copy of it to your email account) just to be safe.

    Good luck,

    Otis C. Landerholm, Esq.
    www.LanderholmLawOffice.com

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  • I485 marriage interview and decision?

    My wife and I had an interview on the 13th of May. After the interview, officer took the I94 but she did not stamp the passport. She said that my case was in review and if they needed anything else I'll get a notice in mail and if in 120 days no d...

    Otis’s Answer

    Congratulations! You've been approved!

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