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Barbara A Marcouiller
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Barbara Marcouiller’s Answers

1,340 total


  • Can I apply for a Green Card through adjustment of status based on immediate family and how long this process can take?

    My husband has an E-1 visa, which describes me as an E-1 visa holder's spouse. He can only work for a company which settled this type of visa for him, on the other hand I can work wherever I want as long as I have EAD Authorization (which I alread...

    Barbara’s Answer

    A brother is not considered an immediate relative under the U.S. immigration law. Your brother can file the petition for you. The petition has no effect on your ability to be present in the U.S. You will need to maintain lawful status through your E visa or some other valid status for many years until the priority date is current (until they get to your place in the "line"). If you have continuously maintained lawful status in the U.S. all those years, and never worked without authorization, are not otherwise inadmissible, and meet all other requirements, you will then be eligible to adjust status in the U.S. If you are unable to maintain lawful status in the U.S. you will return to your country and process for an immigrant visa abroad rather than adjusting status in the U.S.

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  • What are the education requirements for Australian degrees for EB2?

    I have a 3 year Bachelor of Information Technology degree from an Australian university. If I study 1.5 year Masters of Computing degree from another Australian university would it be enough to be eligible for EB2's education qualification criteri...

    Barbara’s Answer

    Note there are subcategories within the EB2. If you are going for exceptional ability, I'd say you're still not there.

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  • In DS-260 for minor child, can I enter my phone number and email address for her?

    I am filling out DS-260 for my minor daughter. Am I allowed to put my email address and phone number for her? Am I supposed to put her email address down?

    Barbara’s Answer

    Yes, that should be fine. Some answers are actually really clear, but AVVO requires at least 35 characters to an answer, so maybe this is enough now.

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  • Do I need to send courtship and marriage pictures to NVC again with civil and financial documents?

    I am preparing civil and financial support documents together with I-864 and DS-260. I already sent courtship and marriage pictures to the USCIS with I-130. Do I need to send these pictures again?

    Barbara’s Answer

    Not to NVC, but bring them to the interview in case they want to see it.

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  • Does anything happen to my petition file if i go back after 180 days? Does it stop the petition file's process?

    I came to the USA on visitor visa B2. My visas expired in November 30, 2015. My sister who is legal in the USA applied for my petition file in 2008. So as you know i have overstayed for a month already. I know and i have read that overstaying for ...

    Barbara’s Answer

    It will not affect the petition. It goes to whether you are admissible to the U.S. which will be determined at a later stage. Make sure you keep the documentation to prove the date you left including boarding pass not just e-ticket to be able to show you left before (not on but before) 180 days.

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  • What is the correct answer in DS-260 to whether sponsored daughter is immigrating to the U.S. with sponsored wife?

    My husband is sponsoring me and our daughter to immigrate to the U.S. I am currently filling out DS-260 where it is asking me whether our daughter will immigrate to the U.S. with me. My husband filed separate applications (I-130) for us. I am not ...

    Barbara’s Answer

    If you will be processing at the same time and coming at the same time the answer is yes

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  • Is there anything I can do if my DACA app was denied.

    It was denied because I didn't have proof that I was currently in school. I attend a religious base high school.

    Barbara’s Answer

    If the school is recognized and authorized to issue a high school diploma, it should not be a problem. I recommend seeking the assistance of an experienced attorney.

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  • For i 130 spouse who lives international uscis takes 6months. What do they investigate for that long? Thanks

    I sponsored my spouse for i 130 Does ittake uscis 6months to process?why so long? What do they investigate that takes that long? My status has been showing case was received for last4 months. Thanks

    Barbara’s Answer

    They aren't working on your case for 6 months. They have hundreds of thousands of cases. That's how long it takes to get to yours

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  • I overstayed my visa and married a US citizen do I have to submit a some form for a waiver?

    As I mentioned on my question I married a US citizen a couple of months ago, and I overstayed my visa by a month (so far), have in mind that I did not have the intension of marriage or permanently staying in the country as I have ties back home, b...

    Barbara’s Answer

    Provided you entered lawfully and are applying as the spouse of a citizen, you don't need a waiver for the overstay.

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  • When can I apply for citizenship as is now, Residence since on green card being 05/31/2012

    I was granted asylum in May 10, 2011. Exactly after one year in May 2012 , I applied for green card. However, I got the green card June, 2013. The Resident Since date on the green card is 05/31/2012. I have to questions 1. Was not the Residenc...

    Barbara’s Answer

    Unfortunately, no, they won't back date it all the way to the initial grant of asylum; they will count one year of asylum. There was a big discussion about this years ago when it was taking several years after applying for the green card. They will only count 1 year of asylum, plus you need 4 years of permanent residence. In other words, 5 years total from the "Resident Since" date. It looks like the "resident since" date on your card is correct, since it includes one year prior to when you received it. Assuming you meet all other requirements, you can't apply for citizenship until 2017.

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