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Barbara A Marcouiller
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Barbara Marcouiller’s Answers

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  • If someone is married to a non-us citizen and dies, what happens to the spouse?

    MY fathers wife is from China and she is not a citizen. He died 3 days ago. She only has a green card, does she have to Return to China now that he has died?

    Barbara’s Answer

    No. Not if she has a green card. Contact a lawyer to discuss your personal details.

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  • 7 months still no interview notice

    Me and my wife got married in july 2014 and filled our applications in december, got RFE in January fixed it and sent it back. Check my status online and it says..on January 28 we received your response to our request for evidence, out national be...

    Barbara’s Answer

    • Selected as best answer

    The system is very wrong they know about it. Seattle is about 9 months to interview. They have hired some officers and are working to start getting it back down

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  • How long before this asylee can apply for US citizenship?

    My friend arrived in the US from Kazakhstan in July, 2010. In February 2014, she was granted asylum. In February, 2015 she applied for a green card. By the time she receives her green card, she will have been in the USA for almost 6 years. Doe...

    Barbara’s Answer

    Unfortunately, this happens often. She can only count one year of asylum plus 4 years of permanent residence for citizenship. She may file the application 90 days prior to completing the 4 years with green card.

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  • TPS Nepal

    Can I send the copy of my expired passport as a proof that I am from Nepal while applying for TPS?

    Barbara’s Answer

    A birth certificate and/or valid passport is always best, of course, but any such official document, even if expired, though it's not best will help. If you only have an expired passport I would include it, but add additional evidence and explain the lack of the best evidence. I recommend meeting with an attorney to review your specific case and what evidence you may be able to obtain.

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  • Can I submit the E version of w2 for my wife's affidavit of support for adjustment of status?

    I have a photo of my w2. The photo is clear enough for me to see everything that is on it. I am not sure where i put the paper version. I could contact my employer to get it, but i really want to submit my wife's application this weekend. I tried ...

    Barbara’s Answer

    Yes. Print it out. But please immediately delete the ilnk on this public forum for your security!!

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  • About the TPS for Nepal

    I just heard the news that Nepal has been granted TPS and it says you have to be continuously present in U.S. Since June 24, 2015 but I have been here since 2007 so could you please explain in further also my passport has been expired for a year ...

    Barbara’s Answer

    It means since at least June 24, 2015. You should meet with an attorney for a thorough review of your personal facts.

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  • If a parent has passports for their children and the other parent paid for them who owns the passports?

    A parenting plan is in place. The parent without the passports wants to revise the plan and have the passports given to them. The parent with the passports does not trust the other parent with the passports because the other parent works in anot...

    Barbara’s Answer

    The State Department owns passports. But what you are asking is important, and you should attempt to revise the parenting plan so that the passports cannot be used to remove the children from the country, and in fact so that it expressly says the children cannot be removed from the country.

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  • Out of status minor with approved I 130 (filed by permanent res parent), can she aos. her priority dste is current

    she is in the us for 6 yrs already

    Barbara’s Answer

    Only if she entered lawfully, and continuously always maintained lawful status.

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  • I have a skill for highly professional skilled migration and can you help me on this regard?

    redmond

    Barbara’s Answer

    • Selected as best answer

    The law defines who may qualify, so even if someone believes they are highly skilled, and they may be, both the skill and the qualifications need to be analyzed by an experienced immigration lawyer to determine whether it would work for immigration purposes. You should make an appointment to speak in detail and confidentially with an attorney.

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  • Add spouse to asylum case while in removal proceedings?

    I got married after my asylum interview and would love to add my wife, not US citizen to my asylum case. The interview was not successful and I'm waiting a hearing with immigration judge. She is in US and currently have J1 visa. We just want to be...

    Barbara’s Answer

    You actually can't add her, because she is maintaining lawful status. In order to add a person to a case in removal proceedings, that person also needs to be in removal proceedings, and then you join the two cases. Because she is maintaining status, she can't be put into proceedings. Also, as a general matter, not having had the opportunity to review your own specific case in detail with you, it is better for her to maintain her status, and keep other possible options open through her for the future. I recommend you review your particular case with an experienced attorney

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