Barbara A Marcouiller’s Answers

Barbara A Marcouiller

Bellevue Immigration Attorney.

Contributor Level 14
  1. Expired passport w/ Assylee status

    Answered 10 months ago.

    1. Barbara A Marcouiller
    2. F. J. Capriotti III
    3. Kevin Lawrence Dixler
    4. Ralph Hua
    4 lawyer answers

    Do not have contact with your country. Get a refugee travel document. Same application form as re entry permit but different section

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  2. Hi there, would u pls kindly let me know what is the "Vienna Convention" right for a person who is going to deport? or Who is go

    Answered about 1 year ago.

    1. Barbara A Marcouiller
    2. Alexander Joseph Segal
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    Unless my learned colleagues have something to add, I believe it gives you the right to contact your consulate and communicate with your country while you are being subject to the justice system in a foreign country

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  3. Can i expedite the I-130 for my husband?

    Answered over 1 year ago.

    1. Barbara A Marcouiller
    2. Danny Garmo
    3. Giacomo Jacques Behar
    4. F. J. Capriotti III
    4 lawyer answers

    It may be possible to expedite for very serious humanitarian reasons. If you are experiencing serious medical issues, for example, you may be able to do it. It would require evidence. Merely being pregnant is definitely not enough

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  4. Son wants to marry a South African citizen here on a J-1 visa. She has about 65 days before she has to leave. UPDATE

    Answered 12 months ago.

    1. Chong Hae Ye
    2. Giacomo Jacques Behar
    3. Enrique Felix Mesa Jr.
    4. Barbara A Marcouiller
    5. Theodore John Murphy
    5 lawyer answers

    Please work with an attorney from this point. It will be much easier, and you don't want to make mistakes. For example, it will take very much longer and be more expensive if she leaves. Because she entered lawfully and is applying as the spouse of a US citizen, she can go it here without leaving even if her current status expires. But! Make sure to have an attorney review the entire history to see if there may be any other issues.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Do i have to leave US and go to my country to get a waiver?

    Answered about 1 year ago.

    1. Barbara A Marcouiller
    2. Sarah E. Blackwell
    3. Giacomo Jacques Behar
    3 lawyer answers

    If you entered lawfully, and you are applying to adjust status as the spouse of a citizen, you do not need to leave the U.S. Unless you previously left the U.S. after 6 months or longer unlawful presence, you are not subject to the bar. The bar kicks in when you leave. If you are not subject to the bar, you don't need a waiver. If you leave, you will have a problem. Note, depending on the history, you may be subject to other bars. I urge you to make an appointment to have the entire...

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  6. Im a us citizen.....I married a h2a worker and want to apply...his permission ends 15th of november...when should I apply

    Answered 11 months ago.

    1. Barbara A Marcouiller
    2. Alexander Joseph Segal
    3. Wendy Rebecca Barlow
    4. Maria J. Marty
    5. Chong Hae Ye
    5 lawyer answers

    Because you are a citizen and he is your spouse, and he enteref lawfully, you could apply even after his status expires provided he doesn't leave. However, how soon you married after he entered and how soon you apply could be an issue if it was within 60-90 days after his entry. There are so many details with immigration, it's best to talk to a lawyer personally and confidentially

    7 lawyers agreed with this answer

  7. I am going to apply for a US citizenship in Washington, but i had a misdemeanor back in 2007 but the case was sealed.

    Answered about 1 year ago.

    1. Alexander Joseph Segal
    2. Barbara A Marcouiller
    3. F. J. Capriotti III
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    You must obtain a certified court disposition of the case and have an attorney review it before you apply. It is possible that something that is a misdemeanor under the criminal law is considered an aggravated felony by immigration law. It's political; a way for the government to tell the American people they are deporting dangerous criminals when the guy only shoplifted a baseball cap. Get it reviewed.

    7 lawyers agreed with this answer

  8. I am a citizen and want To help my brother. How long would it take for him to get visa/residency if he is already living here?

    Answered over 1 year ago.

    1. Barbara A Marcouiller
    2. Thuong-Tri Nguyen
    3. Stephen D. Berman
    4. Sarah E. Blackwell
    5. Michael Paul Ruttle
    6. ···
    6 lawyer answers

    As the brother of a U.S. citizen (only citizens can petition for brothers and sisters), there is a long waiting line. It is long for everyone, but even longer depending what country you are from. The fact that he is in the U.S. does not change the procedure unless he qualifies under 245(i). He would not have any status or be entitled to work in the U.S. while he was in the waiting line, unless something comes out of immigration reform in Congress. As the law is now, if he didn't qualify...

    7 lawyers agreed with this answer

  9. 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 11 months ago.

    1. Barbara A Marcouiller
    2. Alexander Joseph Segal
    3. Asma Warsi Chaudry
    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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  10. 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.

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