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Elliot M.S. Yi

Elliot Yi’s Answers

189 total


  • Can an illegal alien be granted documents just by marrying a US citizen? How long does it take to become legal?

    A friend married a US citizen and thinks that he will get his residence within a year, is this possible? He is marrying this lady just to get his documents, how can someone stop this from happening?

    Elliot’s Answer

    Depends on manner of entry, other grounds of inadmissibility, etc. If he illegally entered, the process will entail requesting a waiver after his initial petition is approved. Marrying for sole purpose of getting papers is considered marriage fraud. There must be legitimate marital intent.

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  • Great Delay in the arrival of the plastic green card.

    I need to ask for more clarification regarding this scenario. I am a US permanent resident and my 11-months-old son entered the US on a NA3 Visa and got his creation of record of permanent resident at the port of entry in Michigan.They told me he ...

    Elliot’s Answer

    Did you pay the uscis elis fee? This is a new fee required for people to be issued green card upon entry.

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  • Filling out DS260 for Spouse Visa - my husband the beneficiary is outside the US and waiting consular interview

    My husband will eventually have to submit the DS260 to NVC when the time comes. He desperately needs some advice to a particular section in the DS260 that due to his historical past is causing him distress, and if not addressed could lead to a lot...

    Elliot’s Answer

    Feel free to contact an immigration attorney either in your area or across the u.s. Immigration law is federal so we can help.

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  • What's the procedure to get a green card/visa for my to-be-husband?

    My fiance came to CA on April 7, 2014 on a tourist visa that expires on July 5, 2014; he is from out of the country. We decided to push our marriage earlier than expected (May 28, 2014/tomorrow). I was wondering on what the correct procedure to ta...

    Elliot’s Answer

    I agree with my colleagues. You should seek the advice of an immigration attorney in private. Your facts raise issues of nonimmigrant vs immigrant intent and timing of filing is also crucial. Once you file the application to adjust status however, your spouse can remain in the u.s. during the pending status

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  • Can I apply at any time?

    I just found out that I'm eligible for DACA I'm 30 years old right now and won't turn 31 until next February. Do I have to apply before I turn 31?

    Elliot’s Answer

    Yes you can and should apply assuming you meet the other requirements. Best of luck to you!

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  • How hard is it to have a wavier approve?

    For some already in the US.

    Elliot’s Answer

    Depends on what the waiver is for, facts of your specific situation, strength of application overall. Please specify.

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  • I have been waiting for my interview for last six months but haven't got any information about the interview.

    I heard that a lawyer can file a petition on behalf of me to schedule my interview sooner. Is that correct?

    Elliot’s Answer

    I agree with my colleagues. It really depends on the type of application. 6 months is still within average processing times for certain applications.

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  • I'm currently not residing in the US. Therefore I do not have a residential nor mailing address, can I still fill up my DS260?

    I'd entered "not available" into the "permanent address" and "mailing address" section of the "mailing and permanent address information" page. But I am unable to proceed to the next page because "not available" "-" and "unknown" is not acceptable...

    Elliot’s Answer

    I agree with my colleagues. You should not leave any blanks. Good luck!

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  • Getting parents to the US temporarily as dependents

    I'm studying in the US on an F-1 visa and will soon be graduating and eventually applying for an H-1(b) visa through an employer. I do not intend to permanently immigrate. My parents are having difficulty living in my home country in my absence an...

    Elliot’s Answer

    Probably not through you based on the facts you stated above. But they may be able to immigrate based on other family members, or come in on nonimmigrant visa based on work, investment, or a variety of other means. Please consider speaking with an immigration attorney who can help narrow down options that your parents could potentially apply for. Good luck!

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  • Changing status to E-2

    F-1 visa-holder from a country whose citizens are eligible for E-2 visas. Generally speaking, can I expect to get approved for a change of status to E-2 if I invest about $80,000 - 100,000? And if I leave the US, will I have to do the e...

    Elliot’s Answer

    It depends on the business net worth, type of business etc. But generally 100,000 or more is ideal. Investment amount being less is a bit easier to establish if you apply within u.s.

    If you leave after change of status to E-2 you will need to apply at the consulate abroad. Advantage applying initially at consulate is ability to travel in and out of u.s. for duration of visa.

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