Rosy H Cho’s Answers

Rosy H Cho

San Francisco Immigration Attorney.

Contributor Level 9
  1. Length of time for joint sponsor to be working in USA to qualifty

    Answered 5 months ago.

    1. Rosy H Cho
    2. Irene Vaisman
    3. Carlos Andres Lopez
    4. Husna F. Alikhan
    5. Robert Louis Brown
    5 lawyer answers

    When you say “been here 2 years” I’m assuming you mean the co-sponsor has been here two years as a lawful permanent resident. There is no requirement that the sponsor or cosponsor must have a minimum number of years as a lawful permanent resident. Rather, the requirement is that they demonstrate that they have the minimum required income in the past year. While the government may look unfavorably at a lack of income in the years prior, the test is one of “totality of the circumstances” in...

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  2. What is going to happened to my N-400 application after my interview?

    Answered over 1 year ago.

    1. Rosy H Cho
    2. Haroen Calehr
    3. J Charles Ferrari
    3 lawyer answers

    What you describe is not unusual, especially if your file is think and you have a long immigration history. If after review, everything looks okay and the supervisor signs off on it, you should receive an approval notice in the next 4 to 8 weeks. For now, the best advice I can give you is to put it out of your mind and wait for the decision.

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  3. IMMIGRATION AND DIVORCE

    Answered 5 months ago.

    1. Rosy H Cho
    2. Stephen D. Berman
    3. Jason David Roth
    4. Flavio Van Boekel
    5. Ichechi Nkesi Alikor
    5 lawyer answers

    I’m assuming that you arrived in the United States with an immigrant visa and received conditional residency. There is no “right” length of time to wait prior to getting a divorce. If your marriage was in good faith but ends in divorce prior to your being able to “remove the conditions on your residency” (that is-- get your tenure green card), it is possible to file for your tenure residency alone with one of three available waivers of the joint filing requirement. This is not a simple area...

    6 lawyers agreed with this answer

  4. Do I qualify to file Provisional Waiver while having misrepresentation when filed for visa application?

    Answered over 1 year ago.

    1. Rosy H Cho
    2. Haroen Calehr
    3. Sarah E. Blackwell
    3 lawyer answers

    I'm afraid you do not qualify for the provisional waiver. At least until further notice, the provisional waiver is for those who only need a waiver solely for unlawful presence, It can not waive inadmissibility based on crimes or fraud/ misrepresentation.

    4 lawyers agreed with this answer

  5. Hi, I need file my I-90 (renewal, no conditions) and have a dismissed case for CA 242PC/M arrest. Will there be issues?

    Answered almost 2 years ago.

    1. Rosy H Cho
    2. Tai Christopher Bogan
    3. Philip Alan Eichorn
    3 lawyer answers

    PC 242 is simple battery and does not affect your ability to renew your green card. It sounds like your case was dismissed following some diversion program. If it was pre-plea diversion (a guilty or no contest plea was never enterer), it will not be considered a conviction for immigration purposes. If a plea was entered before dismissal then it is considered a conviction for immigration purposes, but the conviction does not make you inadmissible or deportable.

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  6. Will my dad be able to get papers if he has been deported before?

    Answered almost 2 years ago.

    1. Rosy H Cho
    2. Kyndra L. Mulder
    3. Mary Carmen Remigio Madrid-Crost
    4. Javier E Morales
    4 lawyer answers

    It sounds like you don't have all the facts about your father's past history. I suggest you find out as much as possible about his past arrests and convictions. They may be all DUI's but they could be more which would make his reentry more difficult. The fact that he was deported -- following what sounds like a grant of cancellation--makes me think his arrests were more serious. He will also have to get permission to reenter after a removal and need to qualify for a waiver of his unlawful...

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  7. Ii failed to file my 1-751 were still living together we have problem with our finances before but we are still living together

    Answered almost 2 years ago.

    1. Rosy H Cho
    2. Veronica Tunitsky
    3. Chong Hae Ye
    3 lawyer answers

    File the I-751 as soon as possible with the USCIS with an explanation of the late filing and evidence of bona fide marriage. Don't panic if you get a notice to appear in immigration court. Let the immigration judge know that the I-751 has been filed. The judge will continue your case until you get a decision on your I-751. If it is approved, the judge will terminate your case. If it is not approved, the judge has the authority to review the decision and grant the I-751 in court. The judge...

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  8. I have an arrest record in the state of new jersey for domestic violence and would like know how this would impact the greencard

    Answered over 2 years ago.

    1. Rosy H Cho
    2. Ilona Dzhamgarova
    3. Ahmad Mohamad Yakzan
    3 lawyer answers

    If the charges were dismissed, you do not have a conviction and it should not affect your eligibility for immigration benefits; however, you do need to disclose all arrests on any forms submitted to the Immigration Service. You should also be prepared to submit original or certified copies of your court records including the charging document and disposition/dismissal. An expungement is not appropriate because you do not have a conviction, and even if you did have a conviction, an...

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  9. Does Card/Document Production step mean application approved?

    Answered over 1 year ago.

    1. Giacomo Jacques Behar
    2. Gintare Grigaite
    3. David J. McCormick
    4. Rosy H Cho
    4 lawyer answers

    Just to clarify -- Approval for Deferred Action does NOT mean you get a "green card." You will receive employment authorization valid for two years with which you may obtain a valid social security number and obtain lawful work. However, it is not a grant of residency which is what a 'green card' signifies. Hopefully, we will get some sort of immigration reform soon so that DREAMers like you will have a path toward lawful permanent residency and citizenship.

    3 lawyers agreed with this answer

  10. Photos for citizenship interview?

    Answered almost 2 years ago.

    1. Rosy H Cho
    2. F. J. Capriotti III
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    I'm assuming you are asking about the requirements for applying for citizenship based on three years of lawful permanent residency based on marriage to a USC? At the citizenship interview, you will need to prove that you continue to reside together in a bona fide relationship with your wife. More important than photos together are birth certificates of any children together, joint tax returns, joint financial documents (such as bank accounts, insurance, credit accounts, joint purchase of...

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