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Barbara A Marcouiller
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Barbara Marcouiller’s Answers

1,219 total


  • Can H4 apply for EAD at US embassy in India? or it should be done only in USA. With EAD , can H4 work any type of job?

    Spouse has H1 & 140 approved last week. can all the dependents like children eligible for EAD and Advance parole for foreign trip back to USA?

    Barbara’s Answer

    Only the spouse, who continues to maintain valid H-4 status, can apply for the EAD. It must be applied for in the USA. It has nothing to do with travel. The advance parole is only available after the adjustment of status, not the I140 petition, is filed. Yes, the spouse who is issued the EAD can work any job

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  • Green card marriage removing conditions

    I was wondering if I can remove conditions and get permanent green card after 2 years of my marriage date or 2 years after I received conditional green card ?

    Barbara’s Answer

    After the green card not marriage. Look at your card. Find the expiration date. Your petition must be received before that date.

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  • Age of child, so the child can get visa at the same time as mother?

    Hello, I have people tell me when they applied for their mothers visa and their Yonger siblings automatically got the visa with the mother to come to thr states. I would like to know what the age requirement for a child to get visa along with the ...

    Barbara’s Answer

    It is not only the age but the category. A permanent resident applying for a spouse can include the spouse's minor children. A citizen applying for a sibling can include the siblings spouse and minor children. However there are no derivative beneficiaries of immediate relatives. "Immediate relative" means an adult citizen petitioning for their 1. Spouse or 2. Minor unmarried child or 3. Patent. Those 3 relationships only do not have a waiting line and do not allow for derivative beneficiaries. You can't get around the waiting line for a sibling by attaching it to a parent. People who've told you that are mistaken

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  • I am US citizen petitioning (I-130) for my sister to move to USA. Can her adult children 21+ be included in the same petition?

    She has 2 children ages 21+ who are married and have families. Are they included in the original petition or do I need to fill out separate I-130 forms for each?

    Barbara’s Answer

    No. They cannot be. She will need to petition for them after she is a citizen

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  • What should we do to get this money from this lawyer who hasn't file the application for citizenship? How long the processing?

    I have a nephew , a permanent resident card holder and got married to a non resident. The wife is holding a student visa and still valid. In short, she still legal to live here in United States for a certain of time. My nephew went to this lawye...

    Barbara’s Answer

    It is currently taking 8-9 months to get the interview in this area after the case is filed. However, if it were filed you would have gotten the receipt and biometrics appointment within 1-2 months

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  • Few months later, I am filing I-360 as Special Immigrant Religious worker and the filing fee is $ 405. Currently, I am on R-1 .

    I am wondering if the same filing fee ($405) will cover my dependents. Such as my wife and two children under 14 years of age. Secondly, if immigration attorney fees will cover my dependents?

    Barbara’s Answer

    The I-360 is the first step. The petition. It can include dependents. Once it is approved, then each one must apply for permanent residence; you need separate applications for each. What the attorney fee includes depends on the arrangement you make with the attorney.

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  • I am us citizen and i want to apply my mother visa from State Pakistan

    my question is this my brother he is 17 year and child can he come in my mother petition

    Barbara’s Answer

    Unfortunately, no. Either you need to apply for him as your sibling, which has a huge waiting line, or your mother can petition for him once she gets here as the minor unmarried child of a permanent resident, which still has a waiting line, but is much shorter.

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  • I had passed the test and got decisions can not be made yet/ Of informed that my application did not came in full they waiting

    for some documented from other state.she said that will send me OA ceremony by email. when i asked what kind doc they need she said don't know. Please any info will be helpful

    Barbara’s Answer

    You are struggling with the English. Good effort. I will attempt to decipher, but the best action is to meet with an attorney. It sounds like maybe they didn't receive your complete file (from when you first applied for your green card or even earlier) in time before the interview. They won't grant naturalization without a final review of the entire history.

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  • What can i do to start my wife's process to become legal, she entered the US illegally when she was 13?

    She has been here in Washington since she was 13 and she is illegal here. What can we do to get her legal?

    Barbara’s Answer

    Are you a U.S. citizen? When she entered at age 13, was that before June 2007?

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  • Immigration-parents consent

    is there a specific form i need for( parents consent )for my step son to immigrate to the usa? or can i just have the father just write a letter giving his permission for his son to come?and where online can i find it if there is a form? thanks

    Barbara’s Answer

    On the one specific issue you raise, I can share how things have changed using Mexico as an example. A letter from the other parent used to be enough. The child needs a passport from his country in order to get the US visa. Mexico stopped issuing passports for children unless the parent taking the child out had sole legal custody according to Mexican law, or, if joint legal custody, then the other patent must agree. Often nothing legal was ever done legally regarding custody one way or the other. But now it has to be done in order for the child to get the passport. The situation may be different in different countries. It needs to be determined as soon as possible, or it may cause significant delays in the case

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