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Rosy H Cho
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Rosy Cho’s Answers

73 total


  • Will applying for medical benefits affect my wife immigration process?

    I'm a US Citizen and my wife is here on condition of a Tourist Visa. We were married recently, here in the US, but now that she is pregnant, I want to fix her immigration status for permanent resident. Because of Obama Care, and income being shy f...

    Rosy’s Answer

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    Receiving "Emergency Medi-Cal" would not render your wife a public charge. Certain pregnancy care can be considered emergency services. You should contact the California Dept. of Health Care Services for information. Their website is t http://www.dhcs.ca.gov/.

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  • REF sent after submitting Re-Registration for Temporary Protected Status Application, How do I respond to it?

    Hello, On February 6, 2015 my mom sent her Re-Registration for TPS app, but she didn't receive her biometrics-appointment, so she made a service request on April 14, and they said the following: on Apr 14 wereceived your Form I-...

    Rosy’s Answer

    Call USCIS Customer Service at 800-375-5283 and explain the situation and ask them to reissue the biometrics notice. If they can not reissue the notice for some reason, try bringing the RFE notice to the ASC and see if they take her biometrics.

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  • F2A Visa became current (PD 9/26/13) this month. Should I do something or wait? I am AOS with I130 approved.

    Hello! My PD is 9/26/2013 and currently AOS pending status with I130 approved. I passed interview on Jan, 2014 but was told to wait for available visa. This month my visa category finally became current, but I haven't got any notification from the...

    Rosy’s Answer

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    As I understand your question, your I-485 has already been filed but at the time of the interview a visa was not available because the category retrogressed. The local USCIS office likely sent the file back to the National Benefits Center (NBC). If you don't hear anything from USCIS within 4 weeks, you should either call the USCIS Customer Service at 800- 375-5283, or better yet, make an Infopass appointment online at https://infopass.uscis.gov// and make an in-person inquiry at your local USCIS office.

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  • Deferred inspection by Immigration on an old felony that was reduced and cleared last month. Help!

    I made a stupid mistake 15 years ago, and was charged with grand theft PC 484/487 (A) and sentenced to 60 days county jail and 3 yrs probation with work furlough recommended on Dec 2000. Seven months later July of 2001, I got my green card. I ha...

    Rosy’s Answer

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    If I understand the facts correctly-- that is, that this is your only arrest/conviction and it was fully disclosed to immigration prior to getting your green card, you should not have a problem. You should bring certified copies of your conviction as well as the court order "clearing" your conviction. If, however, you have any other arrests, this may affect your admissibility. If you do have more than one arrest and/or conviction, I do advise you to consult with an experienced attorney.

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  • Asylee applying for citizenship

    I was granted asylum status in 02/09 and received my green card in 03/11, which is the date shown on green card. I read that there are special stipulations for asylees and I can apply 4 years after getting my GC because I can get up to 1 yr max b...

    Rosy’s Answer

    When an asylee is granted adjustment of status, USCIS automatically records the date of admission as a lawful permanent resident one year before the date of the approval of the application. Your green card therefore should reflect that extra year you gain. If your application for residency was approved in March 2011, your green card should reflect resident status from March 2010. Are you sure that your application was approved in March 2011? Is it possible that your application was approved in March 2012 and your green card accurately reflects 2011 as your date of admission with the one your credit? If USCIS did in fact make you a mistake, you might consider filing a request for a corrected green card (Form I-90). If you can show that the mistake was made by USCIS, you do not have to file the filing fee.

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  • My Sis got caught at the border in 11/03 she got deported for 5 years, Shes married to a resident can he still fix her papers

    My Sister got caught at the border in 11/2003 she waited 5 years before reentering illegally. She's married to a resident. Can he still fix her papers

    Rosy’s Answer

    You are correct that a person who has been removed or deported from the United States is inadmissible for a period of 5 years. However, in your sister's case, because she reentered illegally (that is, without a visa or some other form of permission), she has created another problem for herself. She has triggered what's called a "permanent bar." This means that a person who has been previously deported and enters the United States without inspection cannot legally be admitted to the United States unless that person has spent 10 years outside of the country (and this period outside of the country must be well documented) , AND after those 10 years, receives permission from the Attorney General. This is a complex issue, and it would be in your sister's interests to consult with an experienced immigration attorney.

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  • When are new DACA applicants can start submitting documents? Can we apply for AP as well?will AP have any restrictions?

    I was informed we possible could apply for AP and travel outside the country not necessarily for human reasons,school,or a special ocassion...any information in regards to that?

    Rosy’s Answer

    If you are applying for DACA for the first time under the new expanded DACA program which eliminates certain age requirements, you must wait until February 18, 2015 to file your application. If you meet the DACA requirements as originally announced in June 2012, you do not have to wait to file. If you already have DACA, you can file to renew up to 150 days before the expiration of your current DACA status.

    If and once you have DACA , it is correct that you may apply for advance parole to travel outside the country. You should document the reason -- either for educational, professional, or for humanitarian purposes. Generally, medical documentation showing an illness of a family member will suffice to satisfy the humanitarian category.

    With respect to any restrictions or consequences of traveling, each person's circumstances and immigration history will have to be taken into consideration. You should consult with the immigration attorney before planning any departure.

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  • How long does it take for asylees to receive a green card?

    On November 5, 2013, uscis received this I 485 APPLICATION TO REGISTER PERMANENT RESIDENCE, and until now I didn't receive any notes from uscis . I did E-REQUEST ( Type of service requested) Outside Normal Processing Times, and I received...

    Rosy’s Answer

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    An asylee is eligible for residency (green card) after one year of continuous residence in the U.S. as an asylee. The answer you received by USCIS is odd as an aslyee adjustment applicant need not wait for "visa availability." In other words, there is no longer an annual cap on the number of asylees who can adjust status to lawful permanent resident. If you not receive an answer in the next 3 months, I suggest you call USCIS at 1 (800) 375-5283

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  • I got a 240(c) immigration ruling after i130 got denied me nor my wife received decision from homeland security so we couldnt

    appeal now i am getting removed what should i do

    Rosy’s Answer

    I think you mean a 204(c) finding of marriage fraud. If you believe the ruling was in error because you are in a good faith marriage, you can try to overturn the 204(c) finding. Only USCIS can either issue a new approval or overturn its own decision (possible if you can get them to reissue the 204(c) determination based on your failure to receive the notice. Meanwhile, you will need to get a continuance of your removal proceedings. This is a very complicated matter and I strongly urge you to consult and hire an experienced attorney who specializes in immigration law.

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  • I applied for asylum 5 month ago and i haven,t make my interview yet i want to cancel my application and go out off USA ???

    I want to travel to another country and i don't now what to do with pending asylum application

    Rosy’s Answer

    You can withdraw your application by writing to the Nebraska Service Center. You should include the Alien Registration number that was assigned to you in the Receipt Notice. Make sure to keep a copy of your letter and send it by certified mail or federal express so that you have a record.

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