Millie-Ann Marquez-Li Sumcad’s Answers

Millie-Ann Marquez-Li Sumcad

San Jose Immigration Attorney.

Contributor Level 6
  1. Divorced overstayed visa and marry US Citizen

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. Millie-Ann Marquez-Li Sumcad
    3. Nicklaus James Misiti
    4. Hassan Hussein Elkhalil
    4 lawyer answers

    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...

    4 lawyers agreed with this answer

  2. Immigration (F4-Philippines): What are the option for a family whose daughter turns 21 near date visa will be available?

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. Millie-Ann Marquez-Li Sumcad
    3. Robert West
    3 lawyer answers

    The Child Status Protection Act (CSPA) allows certain applicants to retain the classification of a "child" even if he or she reaches the age of 21. For preference categories, there is a CSPA age formula to determine the age of the applicant on the date a visa number becomes available. You should consult an immigration attorney to determine if the daughter/applicant remains a "child" under CSPA and if so, what must happen in order for her to acquire an immigrant visa as a CSPA child....

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  3. 485 pending (EB3). 140 approved (EB2). Can I change Job?

    Answered over 2 years ago.

    1. Millie-Ann Marquez-Li Sumcad
    2. Haroen Calehr
    3. J Charles Ferrari
    4. Mary Carmen Remigio Madrid-Crost
    4 lawyer answers

    If you have an approved I-140 (evidence: approval notice) and your adjustment of status has been pending for 180 days or more (evidence: filing fee receipt), you may port to another employer. Your new employer would have to be willing to provide USCIS with an AC 21 letter. To determine what should be in the AC 21 letter, please consult an immigration attorney to make sure all the issues are addressed. After its EB2 PERM is approved, the EB2 employer can request a recapture of your older...

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  4. NEED QUICK HELP

    Answered over 2 years ago.

    1. Millie-Ann Marquez-Li Sumcad
    2. Isileli Tupou Manaia Mataele
    3. Mihaella Cornelia Smith
    4. Gen Kimura
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

  5. I am about to file my I-140 / I-485 EB-2 Brazil. How long until I hear back from government if my I-140 was approved?

    Answered over 2 years ago.

    1. Millie-Ann Marquez-Li Sumcad
    2. J Charles Ferrari
    3. Mary Carmen Remigio Madrid-Crost
    3 lawyer answers

    You can check current processing times for I-140s by going to www.uscis.gov and clicking on processing times and the Service Center that has your I-140 visa petition. However, if you really want to have a decision on your I-140 sooner than later, and assuming your particular immigrant classification qualifies, you can always avail of premium processing by paying $1225 to Department of Homeland Security.

    1 lawyer agreed with this answer

  6. Form 130

    Answered over 2 years ago.

    1. Reza Athari
    2. Robert West
    3. Millie-Ann Marquez-Li Sumcad
    4. Luis Alberto Guerra
    4 lawyer answers

    If you are a US citizen filing an I-130 for your spouse (the foreign national), who has a minor child and you were married to your spouse while his child was below the age of 18, you may petition for his child as your step child but you would have to file a separate I-130 visa petition on his behalf. Your question was unclear. I recommend you consult with an immigration attorney to make sure you understand the instructions for filing the I-130 and the child is not left behind.

    1 lawyer agreed with this answer

  7. Do I need to file I 130 alongwith I 485 for obtaining GC

    Answered over 2 years ago.

    1. Millie-Ann Marquez-Li Sumcad
    2. Robert West
    3. J Charles Ferrari
    3 lawyer answers

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

    Answered over 2 years ago.

    1. Millie-Ann Marquez-Li Sumcad
    2. Karen-Lee Pollak
    3. Kyndra L. Mulder
    4. Gintare Grigaite
    4 lawyer answers

    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.

    1 person marked this answer as helpful

  9. Valid 10 years visa but 6 months 1-94. been two months already and fell in love with someone wants to get married.

    Answered over 2 years ago.

    1. Millie-Ann Marquez-Li Sumcad
    2. Gen Kimura
    2 lawyer answers

    If the "someone" you met is a US citizen and both of you are free to marry, you may be eligible to apply for adjustment of your status to that of a permanent resident (green card). That's the short answer. The complete answer is there may be other issues that you need to be aware of and that need to be addressed so I suggest you consult with an immigration attorney. Good luck.

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  10. 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.

    Answered over 2 years ago.

    1. Rebecca T White
    2. Millie-Ann Marquez-Li Sumcad
    3. J Charles Ferrari
    4. Dhenu Mitesh Savla
    4 lawyer answers

    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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