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Millie-Ann Marquez-Li Sumcad

Millie-Ann Sumcad’s Answers

29 total

  • My i-130 was denied May 29 that i check on their website

    Im still waiting for the i-797, ill post again as soon as i recieve the letter from USCIS, what are my options when i recieve the letter?

    Millie-Ann’s Answer

    You may want to wait until you receive the Decision from USCIS notifying you of the reason(s) for the Denial and then post your question again.

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  • Approved I140 with comp A, in my H1 5+ yr can I move to comp B (H1 tran) n get 3 yr or do i have to apply Perm/140 again ?

    approved I140 with comp A, in my H1 5+ yr can I move to comp B (H1 tran) n get 3 yr or do i have to apply Perm/140 again ? or should have an Labor pending for 365+ before moving ? or once you have a 140 approved you can extend for 3 years a...

    Millie-Ann’s Answer

    Under AC21 Sec. 104(c), a foreign national with an approved I-140 visa petition in one of the first three employment based categories who is unable to apply for adjustment because of visa unavailability (priority date is not current), may be eligible for a three-year H1B extension.

    Please consult with an immigration attorney to determine how this may apply in your case because a benefit under Section 104(c) is not automatic or guaranteed and USCIS is not required to grant H1B extensions.

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  • I want to be employed permanently and have things on my record 11 years old can I get the record sealed

    I live in Newark Ohio

    Millie-Ann’s Answer

    Before your question can be answered you would need to provide more facts. You may also need to consult with an immigration attorney and a criminal attorney because there may be an overlap of immigration and criminal law.

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  • Divorced overstayed visa and marry US Citizen

    I'm overstayed visa and my current wife overstayed visa with 2 children US Citizen. We have uneasy relationship during past 2 years and going to file divorce along with paying child support. I have us.citizen girlfriend and I will marry her after ...

    Millie-Ann’s Answer

    You and your new wife (the USC petitioner) will be interviewed by a USCIS officer to determine whether or not your marriage was entered into in good faith. Although having a certified copy of your divorce judgment is evidence of termination of your first marriage thus allowing you to marry again, it is not the only document USCIS will look for to determine whether or not your second marriage was entered into in good faith. Given the circumstances you described and timing of your marriage (so soon after your divorce), please consult with an immigration attorney before filing any documents with USCIS.

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  • Do I need to file I 130 alongwith I 485 for obtaining GC

    Came to US on a K1 visa & got married to a citizen within 90 days & applied for adjustment of status in I 485 form which is under process for the past 6 months Did not submit the I 130 form. Is it compulsory to submit I 130 alongwith I 485 for g...

    Millie-Ann’s Answer

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    If you are adjusting status based on your marriage to your K1 fiance petitioner, you do not need to file a separate I-130 visa petition with your I-485 adjustment application. The K1 approval notice takes the place of the I-130 petition.

    Please consult with an immigration attorney in your area to determine if there are any other issues that need to be addressed.

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  • Need to know the process of filing the Preservation of Naturalization form

    I am a Green Card Holder from 2005, and i would like to apply for Preservation of Naturalization form , as i would like to go to my home country India, since my parents are sick. Would you mind letting me know what is the process of filing Preserv...

    Millie-Ann’s Answer

    Before filing the N-470 form and paying the fee, you should consult with an immigration attorney to discuss whether or not this is the proper form for your circumstance. As the two previous attorneys said, this may not be possible for the purpose you mentioned. If you intend to remain outside the US for an extended period of time, you may need to file, at the very least, a Re-Entry Permit. However, Re-Entry Permits are valid for only two years at a time.

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  • NEED QUICK HELP

    my SELVIS record was terminated today because I was sick for three weeks and I have a doctors note for it and then right afterwards my car got towed and I did not have enough money to get it out. Therefore it got terminated and I was dropped out o...

    Millie-Ann’s Answer

    If you were admitted as a Foreign Student (F-1), based on your description, you may have fallen out of status if you dropped out of class for whatever reason. You should contact your DSO.

    If you have fallen out of status and assuming you are married to a US citizen (not just a permanent resident), you may nevertheless be eligible for adjustment of status.

    Please consult an immigration attorney to determine your eligibility and whether or not there are other immigration issues you need to be aware of before filing.

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  • Immigration question

    I will become citizen in May and file for green card for my wife,my wife is out of status presently can she work after she gets some sort of acknowledgment from USCIS that the application has been accepted

    Millie-Ann’s Answer

    Once you receive your naturalization certificate, you can file an I-130 visa petition for your wife and -- assuming she is eligible -- she can file for adjustment and a work permit. USCIS will issue filing fee receipts acknowledging a petition or application is filed. However, a receipt in this instance, is not sufficient evidence that your wife has lawful work authorization.

    Please consult with an immigration attorney to determine whether or not your wife is eligible for adjustment.

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  • Under F2A when do I get my EAD

    If I apply green card under F2A category when do I get my EAD a. can it be after I130 approval and before I485 b. only after applying for I485 ? Please let me know. Thanks

    Millie-Ann’s Answer

    Are you married to a permanent resident who filed an I-130 visa petition on your behalf? If so, you are not eligible for an employment authorization document merely because he or she filed an I-130 visa petition on your behalf. You are going to have to wait until your priority date is reached and assuming you are eligible (determining your eligibility is important), you can then file for adjustment (Form I-485) and for your EAD.

    I suggest you consult with an immigration attorney to discuss the specifics of your case and to explore your options. Good luck.

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  • How long on average for a EB-2 I-140 petition if the USCIS web site says 4 months? Let's throw one RFE to be realistic.

    Just want an estimate of how long does it take if I receive a RFE. One 4 months? 8 months?

    Millie-Ann’s Answer

    • Selected as best answer

    It all depends on the nature of the RFE. For example: RFE issued for evidence of 5 years progressive experience. RFE Response received in Nebraska on 3/30/2012. Approved on 4/6/2012.

    Another RFE for different employer for multinational executive/manager. Response to RFE received in Nebraska on 3/23. No decision to date but online case status states 60 days from date of receipt.

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