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Barbara A Marcouiller
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Barbara Marcouiller’s Answers

1,344 total


  • Would I need to leave the country or pay any type of fine since I came in the US without an inspection.

    I have no immigration status. My husband is a US citizen we have been married fro 13 years. I entered without inspection I have never been in removal proceedings

    Barbara’s Answer

    If you were a beneficiary of any petition filed before April 30, 2001 (including, say, if you had a US citizen aunt/uncle who petitioned for their sibling (your parent), and you were included as a minor child on that petition), then you could use section 245(i), and adjust status in the U.S. while paying a "fine." If, however, you were not a beneficiary of any petition or labor certification filed prior to April 30, 2001, then you will ultimately need to leave the U.S. to attend an interview abroad. You will also need a waiver of the unlawful presence bar if you qualify. You would benefit from meeting with an experienced immigration attorney to learn how it all works in your specific case.

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  • How long does it take to get the answer once the ticket is raised.

    We are stuck on 2nd RFE on L1B and the attorney has already raised a ticket for the delay in getting response from USCIS. How long does it take to get the answer once the ticket is raised.

    Barbara’s Answer

    It can vary a lot. It seems your attorney knows to follow up and get the ticket opened. I don't know if you chose the attorney or the employer did, but you should let the attorney do the job. You can drive yourself crazy second-guessing everything. Hang in there.

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  • If i change my name during the interview can i attained my ceremony in the same day ? or i have to wait for different ceremony ?

    N400 application is good chance to legally change my name. and im going to send the N 400 very soon and i still don't know the name im going to choose. on the n 400 app when they ask me that do you want to change ur name can i say no and during...

    Barbara’s Answer

    You cannot change your name at interview in Seattle. A legal name change must be done by a judge. Naturalization ceremonies were done by federal judges. However due to the large numbers of people and for administrative efficiency they allowed that task to be delegated to USCIS officials. Seattle has taken advantage of that option. The good side is that they do swearing in ceremonies almost every day, but they can't do name changes. You will need to do it with a court not as part of the N400

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  • Have you had any cases where a person out of status (but on authorized stay) was granted an adjustment of status application?

    N/A

    Barbara’s Answer

    That depends on so many facts! What is the "authorized stay"? Is it TPS, is it that an adjustment is pending? I urge you to meet with an experienced immigration lawyer

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  • Can I apply for a Green Card through adjustment of status based on immediate family and how long this process can take?

    My husband has an E-1 visa, which describes me as an E-1 visa holder's spouse. He can only work for a company which settled this type of visa for him, on the other hand I can work wherever I want as long as I have EAD Authorization (which I alread...

    Barbara’s Answer

    A brother is not considered an immediate relative under the U.S. immigration law. Your brother can file the petition for you. The petition has no effect on your ability to be present in the U.S. You will need to maintain lawful status through your E visa or some other valid status for many years until the priority date is current (until they get to your place in the "line"). If you have continuously maintained lawful status in the U.S. all those years, and never worked without authorization, are not otherwise inadmissible, and meet all other requirements, you will then be eligible to adjust status in the U.S. If you are unable to maintain lawful status in the U.S. you will return to your country and process for an immigrant visa abroad rather than adjusting status in the U.S.

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  • What are the education requirements for Australian degrees for EB2?

    I have a 3 year Bachelor of Information Technology degree from an Australian university. If I study 1.5 year Masters of Computing degree from another Australian university would it be enough to be eligible for EB2's education qualification criteri...

    Barbara’s Answer

    Note there are subcategories within the EB2. If you are going for exceptional ability, I'd say you're still not there.

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  • In DS-260 for minor child, can I enter my phone number and email address for her?

    I am filling out DS-260 for my minor daughter. Am I allowed to put my email address and phone number for her? Am I supposed to put her email address down?

    Barbara’s Answer

    Yes, that should be fine. Some answers are actually really clear, but AVVO requires at least 35 characters to an answer, so maybe this is enough now.

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  • Do I need to send courtship and marriage pictures to NVC again with civil and financial documents?

    I am preparing civil and financial support documents together with I-864 and DS-260. I already sent courtship and marriage pictures to the USCIS with I-130. Do I need to send these pictures again?

    Barbara’s Answer

    Not to NVC, but bring them to the interview in case they want to see it.

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  • Does anything happen to my petition file if i go back after 180 days? Does it stop the petition file's process?

    I came to the USA on visitor visa B2. My visas expired in November 30, 2015. My sister who is legal in the USA applied for my petition file in 2008. So as you know i have overstayed for a month already. I know and i have read that overstaying for ...

    Barbara’s Answer

    It will not affect the petition. It goes to whether you are admissible to the U.S. which will be determined at a later stage. Make sure you keep the documentation to prove the date you left including boarding pass not just e-ticket to be able to show you left before (not on but before) 180 days.

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  • What is the correct answer in DS-260 to whether sponsored daughter is immigrating to the U.S. with sponsored wife?

    My husband is sponsoring me and our daughter to immigrate to the U.S. I am currently filling out DS-260 where it is asking me whether our daughter will immigrate to the U.S. with me. My husband filed separate applications (I-130) for us. I am not ...

    Barbara’s Answer

    If you will be processing at the same time and coming at the same time the answer is yes

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