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Alison Yew
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Alison Yew’s Answers

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  • Is there anyway to get advanced parole for normal H1b holder without any pending Adjustment of Status (Form I-485)?

    I am from Iran and if I leave the US I need to apply for visa which takes 3-6 weeks. I am searching for any possible way to get some works done to expedite the entry visa process or get advanced parole before leaving the country.

    Alison’s Answer

    Hi - what you described is not what an advance parole is for. Yes, if you want to travel and return on your H-1B status you will need to get a visa if you do not have one already.

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  • Immigration KI Visa, Request for Evidence, for using a popular dating site, no denial yet.

    Hi, my fiancé and I filed for a K1 Visa. We may have been too honest and stated in the form that we met through a popular dating site, based out of Australia. The USCIS, now issued an RFE, wants proof that it's not marriage broker, and states tha...

    Alison’s Answer

    Hi there, there are specific criteria of what is an IMB and not every online dating cite is one. But not knowing what was this site from Australia through which you met your fiance, or its business operations mission, it is difficult to advice here what exactly you need to provide to USCIS to properly respond to the RFE.

    There is also a specific list of things you should have provided with the I-129F petition because you answered "yes" to the question if you met your fiance through an IMB. That you met and lived together does not alleviate USCIS'S concerns. Under the International Marriage Broker Regulation Act, USCIS is is concerned with the protection of the foreign national (else where under different regulations it is concerned about potential marriage fraud, but not so much under the IMBRA). Go ahead and respond to the RFE but as recommended by others already, do so with the help of an experienced attorney.

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  • Immigration. Chinese spouse is in China. Other complications.

    70 yo US CPA marries 65 yo Chinese national while she visits California. We both traveled to China to meet her relatives when her 6 month visa expired. Now she is hesitant about returning to US. #1. Approximately how long before new wi...

    Alison’s Answer

    Hi--so your questions are very fact specific and you might be better off discussing the details with an immigration attorney on the immigration subjects. You also have other non immigration subjects that you may want to direct to those specialists.

    If your wife is already married to you chances are she's not going to be granted another B1/B2 visa to enter the U.S. She's going to have to demonstrate strong evidence of non-intent to file for adjustment of status while in the US.

    The prenuptial agreement generally won't hurt your immigration case.

    You will need to sign an affidavit of support.

    Re what she may be entitled to as community property in California you really need to speak with a family law attorney.

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  • I have two H4 and F1 visa. My current status is H4. Can I cross border at Tijuana Mexico and enter US with F1 status?

    I have to start school in August, 2015 and my I-20 has commencement date as August 18, 2015

    Alison’s Answer

    You may not enter on F1 more than 30 days prior to program start date.

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  • Is it advisable to travel on advance parole while concurrent I485, I130 is pending when the applicant overstayed their visa?

    As a US citizen, I have sponsored my mother for residency and concurrently filed I485 and I130. Application was received by USCIS after my mother had over stayed her stay in the US for approx. 50 days. The receipt date is in Sept. 2014. If sh...

    Alison’s Answer

    If the advance parole is from pending I485 then it is generally not a problem, based on the facts you disclosed (ie barring other inadmissibility issues).

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  • Should the joint sponsor on form I-864 who is using her income but has a joint tax with her husband, have him fill I-864a ?

    I am an LPR, and I am petitioning for my husband and we have a joint sponsor on form I864. She is using her income to qualify to be a joint sponsor. She is married and has filed jointly with her husband on tax returns but she is qualifying only ba...

    Alison’s Answer

    No. The I-864A is not necesssary, if all you say is true and the joint sponsor's own income qualifies.

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  • What is the immigration status of a women married to a divorcee who is a citizen of US

    I am a citizen of US, recently divorced and re-married. Can my spouse be automatically eligible for Greencard by virtue of my citizenship or I, have to follow the usual procedure and apply for Greencard for her. Appreciate your time and a...

    Alison’s Answer

    You need to petition for her status. If she is in the U.S. then she may also apply for adjustment of status based on that petition. This does not happen automatically.

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  • Premum H1 amendment, 15 days timeline passed, no status change, what are further options?

    Hi , My H1 amendment is filed in premium, there was an RFE, RFE was responded, now its been 15 days since RFE response but the status is not changed. Can you please suggest the available options? Many thanks!

    Alison’s Answer

    • Selected as best answer

    Another benefit of paying the extra $1225 premium processing fee besides quicker processing is there is a dedicated email and phone number to ask about your case status. A real officer provides individualized responses and answers questions on the phone. But only the petitioner or the attorney for the petitioner may inquire I am sure. So please reach out to them and ask them to use the PP dedicated email or phone. I"ve used this service as an attorney. Emails are responded to by next work day but usually if I email early in the day I get a response in a few hours.

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  • In assembling a concurrent filing for I130 and I485 (+765+131), should i put I130 first or I485 first? other assembling advice?

    im a US citizen married to an alien spouse (who has maintained status in US) - we both have clean history. im assembling the concurrent filing and wondering if i should lead with I130 or I485, use tabs (for exhibits or only forms)

    Alison’s Answer

    Please review each forms' instructions. And if you are having this much trouble with your DIY package (you posted other concerns re exhibits elsewhere), it is advisable for you to retain an attorney.

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  • In concurrent filing I130, I485 (+765+131), should i duplicate print the exhibits with each form or just cross reference them?

    I'm assembling a concurrent filing for I130 and I485 (+765+131), im a US citizen married to an alien spouse (who has maintained status in US) - we both have clean history. Ive read USCIS instructions on concurrent filing AND assembly but they dont...

    Alison’s Answer

    The forms themselves are not exhibits of each other. They are original forms and ask for specific and different benefits. If they are all filed together you can submit support evidence once. However from my experience, the I-864 should have its own set of supporting documents attached to it even if provided elsewhere or else you will get an RFE. So for the I864 provide own set of support docs.

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