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Barbara A Marcouiller
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Barbara Marcouiller’s Answers

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  • Alien registration card without expiration date

    My card was issued in 1983 and has no x date on it. I have an insurance agent license for WA State and received this email today from the Insurance Commissioners Office : Insurance licensees who are not citizens of the United States have to su...

    Barbara’s Answer

    Yes. There was a whole program instructing folks to obtain new cards. Apparently you missed that. It's ok, you're not the only one. They issue new cards with an expiration date , because now they're updating security features to make the cards harder to reproduce fraudulently. Contact an attorney to evaluate whether there'll be any issues with you complying. For example, they will run your fingerprints again to see if you still qualify. They will also evaluate whether you've abandoned your residency. Meet confidentially with an experienced immigration lawyer

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  • Can immigrant intent be withdrawn by withdrawing a recently-filed I 485 application?

    My employer and I filed for an EB1C concurrently (I 140 and I485, with EAD, AP). However, the petition has a high chance for RFE or denial. To prevent my future prospects of coming back to the US on B1/B2, or as a student, can I withdraw my I-485...

    Barbara’s Answer

    Please sit down with an experienced immigration lawyer, and review this. Immigrant intent is not a death sentence for an adjustment. There is also the possibility of consular processing for permanent residence, if you can't do the adjustment. It isn't necessarily a case of back to F1. It all depends on more specific facts of your unique case. Don't panic. Get actual information specific to you. That question really can't be properly answered on this forum.

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  • My priority date became current in January 2015. I received email from NVC in June asking for my approval notice.

    My priority date became current in January 2015. In June 2015 I received an email from National Visa Center asking for a copy of my approval notice. I sent them the copy and to date I have not heard from anyone since. I am getting desperate as i...

    Barbara’s Answer

    Take action to proceed with the case. You would benefit from the assistance if a lawyer

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  • What happens if your DACA expires and you do not renew.

    DACA expired Apr 2015

    Barbara’s Answer

    Then you are out of status again. Is there a reason you didn't renew, an arrest maybe?

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  • What documents we need to show our marriage is bona fide for form I-130

    me and my girlfriend just got married and are now about to fill out the I-130 form to start the consular processing for the spousal CR-1 visa... Question is: since we just got married, we dont have a shared bank account or properties that we b...

    Barbara’s Answer

    If she is in the U.S., and entered lawfully, then you don't file the stand-alone I-130 but the adjustment. If she does need to consular process, then you do need evidence of the relationship. There is a lot you can get even being newly married. What exactly you get depends on your own situation, so you really should sit down and talk about it with an experienced attorney. But note! Your statement about your I-94 expiring needs to be explained. You aren't a U.S. citizen or permanent resident? You must speak with an experienced immigration attorney.

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  • My n-400 application was denied. One of the facts quoted in the decision is totally incorrect

    I was born abroad out of wedlock. My father became a citizen in 2008. I was lawfully admitted in US through a visitor visa shortly after my father's naturalization. My citizenship father petitioned me and i was granted a lawful permanent resident ...

    Barbara’s Answer

    That doesn't actually make a lot of sense. You need to bring a copy of your father's naturalization certificate, your green card,, and the decision to an experienced immigration attorney to review. Do it right away, as you only have some days to file an appeal clearly stating the legal justification for it.

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  • Adjusting my Status

    i would like to adjust my status as Resident ,.... i have my marry once in my country and divorce, i marry in the united states 3 years ago and divorce.. recently mariage for one year now to the third person we being marry for over a head now, ca...

    Barbara’s Answer

    • Selected as best answer

    I am also sorry for your loss! Losing a child is devastating, and you have the immigration stress on top of it. Did your prior Anerican spouse petition for you? The main issue here for the government will be whether this is a genuine relationship as well as that the prior marriage was also genuine. Any time a foreign national has more than one US citizen spouse, they will look at both marriages. Yes, the death of your son can be taken into consideration, but by itself that's not enough, I'm sorry to say. I strongly recommend you work with an experienced immigration lawyer to present the entire case, including explaining the prior marriage

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  • Hi I am a girl who lives in Italy, and I am 17. My goal is to attend a school to the USA and work at the same time.

    I would like to live in a rented-flat by myself and I just want to know if the United States allow me to do this. What kind of visa do I need to live there if my intention is to studying and working there? Could you please give me some informati...

    Barbara’s Answer

    Questions regarding tuition, fees, housing need to be directed to the various schools individually. You can visit their websites for much of that information. Where immigration comes in on this is that in order to be an F1 student, you must show that you are coming to the U.S. specifically to complete an identified program of study (the school issues you a form), and you intend to return home upon completion of the program. Opportunities to work while on an F1 student visa are very limited! Do take care in your research to note that even if you get a job, it may violate the terms of your student visa. Employment eligibility while on F1 student status is a separate topic to research as a matter of immigration law apart from the tuition, fees etc which depend on the specific school not the immigration law.

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  • Form i130 expedite

    I (permanent US resident) filed a petition for my daughter (student in US, visa will expire in few months), form i130 and expedite the case under humanitarian situation. So, now my question is if i130 gets approved can my daughter apply for adjus...

    Barbara’s Answer

    You are correct; it accomplishes absolutely nothing to expedite an I-130 when the priority date isn't current, anyway. Also, they won't expedite a case simply because the current status is about to expire. They will expedite a case, assuming the priority date is current, if a child is about to turn 21. They will also expedite for extreme humanitarian reasons, but you need to work with a lawyer to state and also provide evidence of precisely what it is that is so extreme and humanitarian about it. Such factors may include medical issues, conditions in the home country, age of the person and lack of people back home to live with, etc. But for sure you need an attorney on any expedite request.

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  • NIW or EB-1 green card application? Is one more appropriate than the other?

    I am a citizen of Brazil and have been in the US as a student for quite sometime. I initially came here as a High School exchange student in 2006, returned and attended college afterwards, and went on to earning a Masters and a more recently a PhD...

    Barbara’s Answer

    Yes, one is definitely more appropriate than the other. Which one that is depends on many factors specific to you. It isn't just a numbers game, such as x number of publications and y number of citations, though it is very important you have those. From what you've said, it appears you have enough to make it worth looking at. Actually, it sounds like you've already tried that, but maybe haven't gotten clarity. Off the bat, I'd say it is highly unlikely you'd be and EB-1 extraordinary ability due to the recency of completing your PhD, but it just isn't valid for any attorney to come to any conclusion without sitting down with you and going through it. Sorry to say you should try again with another attorney. It's your future on the line, get one you feel comfortable with.

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