Barbara A Marcouiller’s Answers

Barbara A Marcouiller

Bellevue Immigration Attorney.

Contributor Level 15
  1. Do I need to cancel I290B appeal application for filing a new H1B petition?

    Answered over 1 year ago.

    1. Barbara A Marcouiller
    2. F. J. Capriotti III
    3. J Charles Ferrari
    3 lawyer answers

    You do not need to withdraw the appeal before filing a new H1-b. however, be mindful of accruing unlawful presence in the meantime.

    Selected as best answer

  2. Is there a way to enter the military so far with a dreamed defered(DACA)?

    Answered over 1 year ago.

    1. Barbara A Marcouiller
    2. Justin Eric Elder
    2 lawyer answers

    As of now the law requires you to be a permanent resident or citizen to serve in the armed forces. However, on January 29th a bill was introduced in the U.S. House of Representatives that would allow DACA's and others who are legally present to enlist. One great thing about the bill is that it would allow for DACA's who enlist to get a green card right away. So far it is not yet law, though. Stay tuned. The link has a place where you can click to show you support the bill.

    Selected as best answer

  3. When someone came in usa in vis waiver and after 2 months get married and filled ai130 and i485 and stay in USA,

    Answered over 1 year ago.

    1. Barbara A Marcouiller
    2. Justin Eric Elder
    3. Haroen Calehr
    4. J Charles Ferrari
    4 lawyer answers

    That person is allowed to remain in the U.S. until there is a final decision on the application. The government has 90 days from filing to give him employment authorization--assuming you correctly applied for it at the same time you filed the I-130 and I-485. The Seattle district is fast on these cases. The person should have the interview 3-4 months after filing. In the meantime, that person is an adjustment applicant. No actual status, but allowed to be here.

    Selected as best answer

  4. Our daughter and her 4 children want to move back to US, but Mexican spouse won't give her permission.

    Answered 3 months ago.

    1. Barbara A Marcouiller
    2. Pedro A. Miranda
    3. Kyle R. Tatum
    4. Olga Vasilyevna Guzhva
    5. Stephen C Robbins
    5 lawyer answers

    You need a very experienced excellent attorney in the area of international family law. I know of a fabulous one, if you'd like to contact me privately for the referral.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. 10 Year Green Card in hand: Immigration Attorney or Divorce Attorney?

    Answered over 1 year ago.

    1. Barbara A Marcouiller
    2. John Grayson Davidson
    3. F. J. Capriotti III
    3 lawyer answers

    She should be Ok, but be aware that iIf the government has reason to believe the marriage wasn't bona fide, and the case comes to their attention, they can initiate proceedings to rescind the green card even after the condition is removed. She should be careful to retain evidence the marriage was bona fide and what was going on that led to divorce just in case it comes up

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Immigration question: Removal of condition while divorced.

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Barbara A Marcouiller
    3. David Alexander Browde
    3 lawyer answers

    I recommend you contact an attorney. The government does get suspicious when a U.S. citizen petitions for various foreign spouses, especially when not much time has passed in between. Apart from the potential proceedings to rescind your prior spouse's permanent residence, you could potentially be facing criminal charges of fraud, if you can't document the facts of the abuse. I highly recommend talking with an experienced attorney before doing anything, including before getting married again.

    Selected as best answer

  7. Can my husband stay in the united states if his visa expires in march? He is on an F1 visa and his paperwork is processing.

    Answered 9 months ago.

    1. Barbara A Marcouiller
    2. Alexander M. Ivakhnenko
    3. Maria J. Marty
    4. Akhilesh Krishna
    4 lawyer answers

    The three notices you received would have been the receipt notices. It sounds like you are a U.S. citizen, right? Then, yes, he can stay until there is a final decision on his case.

    6 lawyers agreed with this answer

  8. Immigration/ Adjustment of Status/ Green Card

    Answered 10 months ago.

    1. Barbara A Marcouiller
    2. Husna F. Alikhan
    3. Aggie Rachel Hoffman
    4. Jay Ignacio Nunez
    5. Jessica Hargis
    6. ···
    6 lawyer answers

    I urge you to get an attorney to assist. you. You seem to have done a great job so far, but it would be easier to get a lawyer. I don't believe any attorney would try to tell someone in a couple sentences how to do a whole case, not to mention without ever having reviewed the entire history that has already happened. You aren't done yet.

    6 lawyers agreed with this answer

  9. Can I apply for Citizenship 90 days prior to be a 5 year permanent resident?

    Answered about 1 year ago.

    1. Michael Hugh Carlin
    2. J Charles Ferrari
    3. Barbara A Marcouiller
    4. Alexus Paul Sham
    5. Alexander M. Ivakhnenko
    6. ···
    6 lawyer answers

    Assuming you meet the other requirements, yes, you can. Perhaps USCIS didn't want to cause confusion.

    6 lawyers agreed with this answer

  10. How can i get a bond refund

    Answered about 1 year ago.

    1. Barbara A Marcouiller
    2. Alexander Joseph Segal
    3. Robert A. Stumpf
    3 lawyer answers

    It happens fairly frequently that folks give the money to a US citizen or LPR or someone available to go there to post the bond. Unfortunately, it may not be possible for anyone other than that person to get it back. You'll need to track him or her down.

    6 lawyers agreed with this answer

Emails always answered fastest! Call or email for a free initial talk.

425-702-0616