Barbara A Marcouiller’s Answers

Barbara A Marcouiller

Bellevue Immigration Attorney.

Contributor Level 15
  1. Filing a DS-11 for child born abroad he doesnt have a SSN yet but the embassy clearly states do NOT leave any items blank?

    Answered over 1 year ago.

    1. Barbara A Marcouiller
    2. Alexander Joseph Segal
    3. Asma Warsi
    3 lawyer answers

    Great question. Be careful! None and N/A are not the same thing! Your question is a good example. The question certainly is applicable, and the government will consider N/A as not answering. On the other hand, if he does not have one, then none actually is an answer.

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  2. Do I need to cancel I290B appeal application for filing a new H1B petition?

    Answered about 2 years 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.

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

    Answered about 2 years 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.

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  4. 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 2 years 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.

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

    Answered 9 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

  6. 10 Year Green Card in hand: Immigration Attorney or Divorce Attorney?

    Answered almost 2 years 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

  7. Immigration question: Removal of condition while divorced.

    Answered about 2 years 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.

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  8. Advise on immigration work visa issue

    Answered 17 days ago.

    1. Barbara A Marcouiller
    2. F. J. Capriotti III
    3. Hector E Quiroga
    4. Maria J. Marty
    4 lawyer answers

    I'm sorry there isn't an easier way, but for now your best option is to hope for that H-1B. You should know soon. If you don't get it, then you should have an attorney evaluate your record to determine if you could do EB2 with NIW, but it does require a lot to qualify for that.

    6 lawyers agreed with this answer

  9. My fiancee holds US citizenship and we are getting our civil marriage ceremony this Friday. Can we start filing for green card?

    Answered about 1 month ago.

    1. Barbara A Marcouiller
    2. Giacomo Jacques Behar
    3. Hany S Brollesy
    4. Adan G. Vega
    5. Andrew John Bartlett
    6. ···
    6 lawyer answers

    You do not need to wait to file. Correct, you would not apply for OPT. Once you have filed your adjustment of status packet, you will be allowed to remain in the U.S. until there is a final decision on your case. Obtaining a benefit based on the student visa, though, requires you to show you still have the intent to return home, and clearly once you've married a citizen and file for adjustment, you don't intend to return home. It doesn't matter, though, because you are correct that you will...

    6 lawyers agreed with this answer

  10. Do I have to pay a fine if my Green Card Expired before I applied for citizenship

    Answered 4 months ago.

    1. Barbara A Marcouiller
    2. Alfonso Briz Otero
    3. Sarah Elizabeth McElwaney
    4. Andrew John Bartlett
    5. Michael Moosavi Shabani
    6. ···
    6 lawyer answers

    Did you apply for citizenship, or did you never apply? Renew the green card. Note arrest history, trips outside US may be reviewed. It's best to meet with a qualified immigration attorney.

    6 lawyers agreed with this answer

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