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Barbara A Marcouiller
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Barbara Marcouiller’s Answers

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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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  • How to file additional information after filing N400 naturalization with USCIS.

    Hello, I filed my N400 recently but forgot that I had a court judgement for fishing without license in 2002. Now I got my court certified disposition letter, how can I submit this additional information with my application?

    Barbara’s Answer

    Keep it, and make sure to bring it to the interview with you. If you get a request for evidence, send it in. The RFE letter will have a bar code, and you can be more confident it will actually get to the file. However, what is more likely to happen is that you will eventually get a notice saying to bring the documents to the interview, and that's what you should do in any event. By the way, if it turns out at the interview there is some other document or evidence needed, they won't deny the case but rather issue an request for documents at that time. If that were to happen, you mail in the documents with the letter by the deadline, making sure to keep a copy for your records.

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  • Does an immigrant have any opportunity to remain in the US if she divorces prior to two years of a good faith marriage?

    Wife of US citizen on two year visa now being divorced by husband and he has threatened to have her deported. This was a good faith marriage at the start.

    Barbara’s Answer

    Definitely. Work with an experienced attorney to review the evidence in your case

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  • Can I leverage my Canadian citizenship status to expedite my fiance's permanent residency in US?

    I'm a Canadian citizen who recently got a U.S. green card. I'm planning a future with my Korean fiance that just finished school and is currently in U.S. with F-1 visa. I'd like to know our options once her F-1 visa expires. I've heard that gettin...

    Barbara’s Answer

    It will take a number of years for her to get Canadian citizenship as your wife (not fiancee). First, she needs to obtain landed immigrant status similar to our permanent resident status. As a U.S. permanent resident, you should meet with a lawyer to review when you may be eligible for citizenship, and explore other possibilities, but my initial opinion is that your plan isn't really workable in a timely manner.

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  • What Should I Do Now? Marriage On A Tourist Visa Issue

    so a few days ago i flew over to the U.S with my valid tourist visa. When the CBP officer asked me what the purpose of my trip was, i was being straightforward with him and answered "To marry my fiance and then fly back to my country to get my imm...

    Barbara’s Answer

    I strongly agree with Mr. Behar. Respectfully, you had no right to be angry, though you definitely did the right thing by being honest. The problem wasn't that what they were doing was wrong, but rather that you had not received comprehensive advice. Sometimes questions can be answered adequately on this or another forum, but often, as in your specific case, it is much more complicated than that, and you really need to sit down with an attorney (not a free 15 minute consult) for a comprehensive detailed explanation. It can be difficult, as people may assume lawyers are just saying that to get business, but the truth is that immigration law is incredibly technical and detailed, and simple answer posted to a forum by someone who who hasn't had the opportunity to sit down and review everything with you may not be adequate. I'm sorry for your struggles.

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  • With EB2GC on L1. My aim is to get I-140 approved on my current visa with current employer and then get H1 and switch jobs.

    I was in US for 3.5yrs from 2007 to 2011 and my last approved H1B petition expired Apr-2012. From India,my company then filed my L1-A visa in FEB-2014, that is after 2.5yrs after I left in 2011. Now I am in US for last 1yr and 5months wit...

    Barbara’s Answer

    I'd be curious why you didn't apply as EB1 Multinational manager, since you have an L1A. Granted, there may be reasons the employer doesn't think it'd qualify, but generally speaking the benefit of an L-1A is the easier conversion to green card based on EB1 multinational manager

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  • Is This Legal? Staying In The U.S While Filling For A CR-1 Visa

    to expedite the process, I ( a U,S citizen ) told my fiance that he should marry & stay with me up until he needs to do the medical & visa interview for the CR-1 visa ( he will have 6 months on his tourist visa once he arrives & then flies back to...

    Barbara’s Answer

    Please meet with a reliable immigration lawyer for a detailed explanation of the intricacies. You can't get what you should know in a quick public post

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  • Do I need a new SSN for my F-1 OPT?

    While enrolled as a full-time student, I worked on campus and was therefore issued a Social Security Number. I have now graduated and am about to start the OPT extension of my F-1 visa. I have secured a job, however when they attempted to run a ...

    Barbara’s Answer

    No, you don't need to do anything. You keep the same number for life. You will not have the condition removed so long as you are on a non-immigrant visa. Undoubtedly, someone input your information incorrectly. I am 12th generation American going back to before 1620, and an employer once told me SSA said my number was invalid. I asked to see it, and immediately said they should try spelling my name correctly! It's probably something like that.

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  • Can I apply for change of status and EAD together?

    My wife is an F1 student. Her OPT is ending soon. I'm on H1b visa. Can we apply for EAD for H4 and change of status to H4 together?

    Barbara’s Answer

    Provided you are not only maintaining H1B status but have the petition for permanent residence also already filed.

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  • K-1 Vs K-3 Vs CR-1 Which one is the best for our situation? Please be informative and advisable in your answer

    so I'm engaged to be married to a US citizen. i proposed to her last summer. now we're trying to decide which way would work the best for us. Our goal is to eliminate fraud/ complication in the process so we can live happily in the U.S.A. 1. h...

    Barbara’s Answer

    Respectfully, I don't know where you've "heard" these things, but you need to make an appointment with an experienced immigration attorney to review your specific case and advise you. If there is no fraud, adjustment interviews are 20 minutes. In 21 years I've never had one last even 1 hour. I urge you to speak personally with a qualified experienced immigration attorney.

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