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Barbara A Marcouiller
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Barbara Marcouiller’s Answers

1,345 total


  • Marriage base Green card- H1b current

    My wife (h1b) and I (US citizen) got married last year and she just gave birth to our premature baby while we are in the process of prepare GC docs. She is under a lot of stress right now. Can she quit her job now or should we wait until she gets ...

    Barbara’s Answer

    Obtaining permanent residence based on marriage to a US citizen is different than based on employment. She will still be eligible even if she falls out of status in the meantime. Once the case is properly filed, she is allowed to remain in the U.S. You should get the case filed as soon as reasonably possible. Depending on how soon you file it, if the case is not approved, she may have difficulty down the road if she accumulates 6 months or more of unlawful presence, although it sounds like she may be eligible for a waiver. The point is, these things are complicated, and cannot be properly addressed in a quick message. You should definitely sit down with an experienced immigration attorney for a full detailed and confidential review of your specific situaiton

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  • OPT EAD vs GC EAD

    I am on STEM EAD. I got STEM EAD and it will expire in Nov,2016. It is 17 month extension. I got GC EAD/AP based marriage to LPR. should i use GC EAD or STEM OPT for work ? I dont know when I will get interview for GC.

    Barbara’s Answer

    Unless your spouse has now become a U.S. citizen, then the priority date was current before you filed the adjustment of status, right? You can't get an employment authorization based on a pending adjustment of status if the adjustment is based on marriage to an LPR, unless the priority date is current, you have consistently always maintained lawful non-immigrant status and not worked without authorization. Assuming that's all true, then it would be better to go with the EAD based on the pending adjustment, since it will be good (renewable) until there's a final decision on the case

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  • I would like to know if we can both summit our applications at the same time. My wife for her citizenship and for my green card?

    I am a individual with a Daca status who just got married to a United States permanent resident. I am looking to obtain a green card and in the time given a U.S Citizen. I understand that my wife needs to become a U.S citizen before she can help m...

    Barbara’s Answer

    She would qualify to file only the I-130 petition packet for you at this time not the full adjustment of status. Then, when she becomes a citizen, you'd need to do the full adjustment packet, but if the I-130 is still pending, you'd need to get it connected up to the file. You could very well just be creating delays to file now. Also, because you have DACA there is little concern of removal in the meantime. Depending on the case, it can be useful to have an approved I-130, but in other cases it could be detrimental. These cases are complicated, and should always be reviewed by an experienced immigration attorney.

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  • Will my immigration priority date (via siblings) be affected if I'm getting married, will my spouse get green card with me?

    Good morning, This is Han, currently im applying for green card via my brother (F4 category immigration via siblings). My current priority date is 2009, my question is: If i get married, will this affect my priority date? If not, will my spou...

    Barbara’s Answer

    No, it won't affect the priority date. Yes, she will immigrate with you provided she is not inadmissible (prior immigration issues, criminal, medical, security, etc.)

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  • Can I apply on behalf of my American citizen sister for I-130?

    I am an American citizen living in Washington state. My sister is an American citizen too living with her family in Yemen. She wants to apply for her husband and her 3 children but she can't because she has to be in the US to apply for them. Becau...

    Barbara’s Answer

    She does not need to be in the US to apply. For the affidavit of support she can show she is in the process of moving back to US or get a cosponsor which she may need anyway. You seem to be getting inaccurate information. I recommend working with an experienced immigration lawyer.

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  • Will it be possible to convert the green card category from EB2 to EB1? If yes, at which stage?

    I am in USA from last two years on H1B VISA and my Green card is under process in EB2 category. Current stage of EB2 is "Applied for Labor" and I have got the priority date. 1) Is it possible to change the Green Card category from EB2 to EB1 for...

    Barbara’s Answer

    There are several sub-categories of an EB1. The role of the employer depends on which category you have in mind. If you are going based on extraordinary ability, you can self-petition, but "extraordinary" is an extraordinarily high standard. If you are going as an international manager, you do need an employer. I highly recommend you review your specific situation with an experienced immigration lawyer, before taking any action.

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  • Green Card questions for an Elderly Parent currenlty living in South Africa

    Mother in south africa in her 70's and is about to lose her care in that country in March and has nowhere to go except into government care, which is a horror show. She has valid passport and did visit us here 3 years ago. What we would li...

    Barbara’s Answer

    The required missing piece of information is whether you are her biological child and a U.S. citizen. If you are not a biological child, then you need an analysis as to whether you would qualify as an adopted child or otherwise to petition for her. If you are not a U.S. citizen, then you cannot petition for her. Assuming you are both, you ask excellent questions that deserve to be addressed in detail. I submit to you that it is worth sitting down with an experienced immigration attorney for a full analysis of her history, and detailed discussion of the various options. For example, you question about whether it will affect her ability to come as a visitor after you've already started the immigrant visa process should be discussed. The FAM states that a person can be in the process of immigrating and still be a valid non-immigrant visitor. However, convincing CBP of that upon entry or the consulate upon applying for a visa is a different story as a practical matter. You'd need to be prepared with reasons for the visit, and you'd need to look extremely carefully at trying to adjust in the U.S. once you've already done that, which isn't to say it categorically can't be done.. It's way too much to go into here. I urge you to sit down with an experienced immigration lawyer for a full discussion; not a 15 minute "consult" but a full meeting.

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  • What should be my answer, is it YES, since i applied for H1 visa earlier in 2013 or I should say NO.

    I entered USA in NOV 2012 on H4 visa. I applied for H1B Visa through a company X in April 2013, it was picked up in lottery but later it was withdrawn due to some issues at the Employer. Later I made COS from H4 to F1 VISA from Dec 2014 and am in...

    Barbara’s Answer

    All of the visas you mention, H4, F1, H1B are for non-immigrant, meaning temporary, status. None is for a immigrant, meaning permanent resident, status. If no one has filed an I-140, I-130, I-360 petition for permanent residence the answer is no.

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  • How to withdraw I 130 application

    I am a naturalized USC. My marriage is falling apart however divorce has not been filed. Can I withdraw my i 130. It hasnt been approved by uscis yet and my spouse is still overseas. Please advise. Thanks

    Barbara’s Answer

    I agree with my colleagues. Also note the petition will terminate automatically by operation of law when the divorce is final. However, I would not wait but go ahead and notify USCIS you are withdrawing it.

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  • How can I sponsor her so that she remains in the U.S., goes to school and gets free of this man? Cost is no object.

    A 20 year old Phillipino Christian country girl was brought to the U.S. by a 57 yr old US citizen (Muslim, Turkey) on a K-1 visa. He refuses to marry her after living with her here for 11 months. He lied to her re not being married before or havi...

    Barbara’s Answer

    The first concern is for her safety. This sounds ominously close to trafficking, and ICE would be interested. At a minimum he may be a visa abuser. There are visas for victims of crimes, and there are visas for victims of trafficking, and there are visas for witnesses in a case. Once she is safe, you may want to assist her to work with the police and/or ICE. If she qualifies, obtaining a U visa, for example, as the victim of a qualifying crime requires the police certification, so it isn't something she can just apply for.

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