Alison Yew’s Answers

Alison Yew

San Jose Immigration Attorney.

Contributor Level 12
  1. Why should I hire a lawyer for my immigration petition?

    Answered almost 2 years ago.

    1. Fernanda Nunes Hottle
    2. Giacomo Jacques Behar
    3. Alison Yew
    4. Eli Andrade
    5. Habib Hasbini
    6. ···
    11 lawyer answers

    Hindsight is 20-20 . While it may appear that the I-130 went smoothly and you could have done it yourself, the success of that petition is likely due to the experience of the lawyer whose preparation made it more likely than not the petition would be approved. There is no rule requiring you to hire an attorney, but there is a reason we are specialists in this field.

    16 lawyers agreed with this answer

  2. What are the rights of a CONDITIONAL PERMANENT RESIDENT ?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Alison Yew
    3. Simone Bertollini
    4. Alexander Joseph Segal
    5. Meghan Anne Abigail
    5 lawyer answers

    Yes, per 8 CFR 216.1, a cond'l resident has all rights and privileges of permanent resident except that a cond'l resident has to apply to remove the condition or file a waiver. Therefore, the conditional resident parent may petition for the 20 year old unmarried son. But visas in this category is not immediately available and therefore the unmarried son must wait for his priority date to be current before applying to adjust status from F-1 (if F-1 still current at that time or on some other...

    13 lawyers agreed with this answer

  3. May I close my asylum immigration case change to do EB-5? I have failed in my asylum interview.

    Answered over 1 year ago.

    1. F. J. Capriotti III
    2. Alison Yew
    3. Aneliya M. Angelova
    4. John K Lassen
    5. Alexander M. Ivakhnenko
    5 lawyer answers

    In your case, it is unlikely you can afford the time it will take to finalize the necessary paperwork to enable you to file the EB-5 petition. Further, you won't be able to adjust status while in the United States b/c of the denial of the asylum petition which I assume means you were given a period of time to leave the country. If you in fact go forward with the EB-5 you would likely have to consular process.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I am considering purchasing residential property in the US for +$500 000. Will this enhance my chances of obtaining a green card

    Answered over 1 year ago.

    1. Dana Roxana Bucin
    2. Alexander Joseph Segal
    3. Wendy Rebecca Barlow
    4. Alison Yew
    5. Lynn Marie O'Brien
    6. ···
    8 lawyer answers

    Nope. Your eligibility for getting a green card is based on one of the 9 preference categories (4 under family and 5 under employment) or if you are an immediate relative of a U.S. citizen. If you are thinking of EB-5 (employment based fifth preference category) that is for investors who invest $1 million in a new commercial enterprise (or, in some limited cases, $500K) and, which commercial enterprise created 10 full time jobs to U.S. workers. Investment in real estate in and of itself does...

    11 lawyers agreed with this answer

  5. Will "Following-to-join" benefits retains in the Proposed US Comprehensive Immigration Bill?

    Answered about 1 year ago.

    1. Carl Michael Shusterman
    2. Alison Yew
    3. Ashkan Yekrangi
    4. Denis-Andrei Mesinschi
    5. Emily Reber-Mariniello
    5 lawyer answers

    "Following to Join" is not a preference category. Also, worrying about the bill passed by the senate is not very productive since it is not expected to be approved in its form by the House.

    8 lawyers agreed with this answer

  6. Can my husband become a legal resident .Immigration Question

    Answered over 1 year ago.

    1. Alison Yew
    2. Giacomo Jacques Behar
    3. Norma Lorenzo
    4. Alexander Joseph Segal
    5. Maria J. Marty
    6. ···
    7 lawyer answers

    Yes, he can marry you and you can petition for him. Depending on whether he came legally and then his legal status lapsed or if he came into the US illegally will determine if additional steps are required such as to file for a waiver for inadmissibility.

    8 lawyers agreed with this answer

  7. Can I falsely claim abuse to get my permanent green card by filing the I-751? I heard that many immigrants do it and it's an

    Answered over 1 year ago.

    1. Mario Steven Zapata
    2. Alison Yew
    3. Dhenu Mitesh Savla
    4. Lynn Marie O'Brien
    5. Marc Aaron Asch
    5 lawyer answers

    I-751 is an application to remove conditions. That has nothing to do with filing a false claim of abuse.

    7 lawyers agreed with this answer

  8. Immigration question - US GC family sponsorship

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Gunda Johanna Brost
    3. F. J. Capriotti III
    4. Alison Yew
    5. Andrea Melisa Duron
    6. ···
    6 lawyer answers

    The priority date that is current now US Citizen filing for siblings is back 12-22 years. See: http://www.travel.state.gov/visa/bulletin/bulletin_6228.html, depending on country of origin of the beneficiary. If the dad's son is under 21 and unmarried then the priority date that is current is just a couple of months, but if the dad's son is over 21 the priority date that is current is 8-20 years, again, depending on the country of origin of the beneficiary.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can a Naturalized US Citizen marry a Jamaican citizen in Jamaica and live in there until US processes the spouse's papers?

    Answered over 1 year ago.

    1. Eric M. Mark
    2. Robin Jean Gray
    3. Harry Asatrian
    4. Alison Yew
    5. Dean P Murray
    6. ···
    7 lawyer answers

    If the intention is for him to get a green card and move to the United States, and you do not want to get the fiance visa for him to come to the U.S. and get married in the U.S. then your next option is to get married first, then petition for alien relative. Note that he won't be able to come to the U.S. until the petition has been approved and he has been consular processed. If a K-3 visa has a shorter processing time, that is he only other option to come to the U.S. before the Petition for...

    Selected as best answer

  10. How long does it takes to respond from i30?

    Answered over 1 year ago.

    1. Giacomo Jacques Behar
    2. Alison Yew
    3. Alexander Joseph Segal
    4. Elizabeth Rose Blandon
    4 lawyer answers

    You will not get a call. All communications will be by written notice, so make sure you keep your address up to date with USCIS.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

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