Skip to main content
Barbara A Marcouiller
Avvo
Pro

Barbara Marcouiller’s Answers

1,344 total


  • Is there anything I can do if my DACA app was denied.

    It was denied because I didn't have proof that I was currently in school. I attend a religious base high school.

    Barbara’s Answer

    If the school is recognized and authorized to issue a high school diploma, it should not be a problem. I recommend seeking the assistance of an experienced attorney.

    See question 
  • For i 130 spouse who lives international uscis takes 6months. What do they investigate for that long? Thanks

    I sponsored my spouse for i 130 Does ittake uscis 6months to process?why so long? What do they investigate that takes that long? My status has been showing case was received for last4 months. Thanks

    Barbara’s Answer

    They aren't working on your case for 6 months. They have hundreds of thousands of cases. That's how long it takes to get to yours

    See question 
  • I overstayed my visa and married a US citizen do I have to submit a some form for a waiver?

    As I mentioned on my question I married a US citizen a couple of months ago, and I overstayed my visa by a month (so far), have in mind that I did not have the intension of marriage or permanently staying in the country as I have ties back home, b...

    Barbara’s Answer

    Provided you entered lawfully and are applying as the spouse of a citizen, you don't need a waiver for the overstay.

    See question 
  • When can I apply for citizenship as is now, Residence since on green card being 05/31/2012

    I was granted asylum in May 10, 2011. Exactly after one year in May 2012 , I applied for green card. However, I got the green card June, 2013. The Resident Since date on the green card is 05/31/2012. I have to questions 1. Was not the Residenc...

    Barbara’s Answer

    Unfortunately, no, they won't back date it all the way to the initial grant of asylum; they will count one year of asylum. There was a big discussion about this years ago when it was taking several years after applying for the green card. They will only count 1 year of asylum, plus you need 4 years of permanent residence. In other words, 5 years total from the "Resident Since" date. It looks like the "resident since" date on your card is correct, since it includes one year prior to when you received it. Assuming you meet all other requirements, you can't apply for citizenship until 2017.

    See question 
  • Can he change his visit date(earlier or a later date)not the same as the date mentioned in formDS160.

    A person applies for a visitor visa and in form DS 160 he fills up some date in intended date of travel . Suppose his visa gets approved. But due to some circumstances he is not able to go on that date.he wants to visit US on a earlier date.

    Barbara’s Answer

    The person can leave within the validity period of the visa, obviously making sure there is time to return.

    See question 
  • Can I ask for my application to be handled (including biometrics+interview) at the other field office? (same district and state)

    I am planning to file form N400 (Naturalization) with USCIS but the Seattle field office is experiencing delays of 9-11 months. Other, near-by offices only have a delay of 5 months or less.

    Barbara’s Answer

    The Seattle district routinely transfers work not involving interviews to the various field offices in the district for efficiency of processing. The law requires you to apply for naturalization in the district where you reside. You may include a cover sheet stating that you are willing to go to another office within the district for the interview in the interest of expediency. I don't know that it will have any effect. They do not take kindly to people just trying to get around the normal processing time.

    See question 
  • What are the ramifications for not doing the adj of status and her leaving...what's the quickest/easiest way to bring her back?

    So here is the situation. I am a US citizen. My wife is from South Africa. She came to the US on a normal travel visa in 2012. Before her Visa ended she went back to South Africa. She returned on a visitor/travel visas in late 2013. I propos...

    Barbara’s Answer

    You need to have the details evaluated by an attorney. For example, how long did she overstay before she left? You will need to file the petition, and then go through consular processing for an immigrant visa, and possibly apply for a waiver of inadmissibility. You want to be sure about all possible grounds of inadmissibility, and review options for waivers before starting anything.

    See question 
  • What can I use/send as proof of continuance or non-abandonment for my long stay under a year for my citizenship application.

    I recently had my citizenship interview and have been asked to provide proof of continuance because I had one trip that lasted 11 months (Aug 2011 to July 2012) in the last 5 years. Everything else went good. I was handed the N-652 form and have u...

    Barbara’s Answer

    This issue is very fact-dependent. It depends on the specific facts of each individual case. I urge you to work with an attorney who can sit down with you and determine together with you what documents you may be able to get in your specific case.

    See question 
  • I am F1 visa student. I am within 12 month since arrival. I began preparing my asylum application however my father got very ill

    And I need to visit him. I realize that going back to country of prosecution will look very bad and undermine my case. Will I have another 12 month to apply when I return after vocation? What can I do to minimize negative impression of my return ...

    Barbara’s Answer

    I'm sorry for the difficulties you are suffering. If you return to your country and are able to walk about freely, and experience no difficulty or further disturbance with the issue that was the basis for the asylum, it will be very difficult to get the asylum approved.

    See question 
  • Does foreign pregnant women who don't pay delivery expenses blocked from entering usa again?

    Hello, I heard that some foreign pregnant women who give birth in usa in a public hospital and after delivery they go back home without paying any expenses are prevented to enter USA again, is that true?

    Barbara’s Answer

    Either way, abusing the law to have a child here, and then leaving the rest of us to pay for it is not acceptable behavior.

    See question