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Barbara A Marcouiller
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Barbara Marcouiller’s Answers

1,263 total


  • May we become a Legal Permanent Resident? LOOKING FOR A GREAT LAWYER to help us!

    My Fiancee is a Legal Permament Resident for over over 10 years now. Our plans are to get married in December 2015. And start his process of naturalization in 2016. I have a daughter that will turn 18 on 26 of January 2016. My questions...

    Barbara’s Answer

    You ask good and important questions, and, wow, you do need a good lawyer. The questions show that you need a very detailed explanation of many different points. Please please, before there is a screw up and you try to get a lawyer after the fact, meet with an experienced immigration lawyer to get detailed explanations. You do not want a 15 minute "consultation." You need a detailed (I'd say one hour-long) strategy session.

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  • My mother has a green card and would like her sister to visit, Is it Possible?

    I've been searching the web and results for getting a sibling to move "Permanently" to the US via green card is all I am finding. But my mom would like to see if she can apply to sponsor her sister to come "visit" the US with her green card. I kn...

    Barbara’s Answer

    The I130 is not what you want. Apart from the form itself, there are things to prepare for a visitor visa application to succeed. Contact an experienced immigration lawyer to discuss it

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  • US custom denied entry to my spouse who has US Visitor Visa. I am a green card holder. We have approved I-130 petition for her.

    Initially, my girl friend (now my wife) first entered US on visitor visa on Dec 27, 2013. We got married in US on April 10, 2014. We filed for I-130 petition on May 5, 2014, it was approved in Aug 2014. My attorney advised not to file for visitor ...

    Barbara’s Answer

    Oh, dear, there's so much misunderstanding here. An I485 cannot be filed until the priority date is current. Once the I 485 is filed, she may apply for a document that would allow her to leave the country and return without abandoning the adjustment if she qualifies for it. Prior to that time, she is not allowed to be in the U.S. while waiting for the priority date, and could need to take voluntary departure if caught. Again, she isn't authorized to be in any legal status while waiting for the priority date let alone travel in and out of the country. They would not have granted an extension of the visitor visa, nor re-admitted her in visitor status, because she clearly intended to stay and not to visit. It is so important to get good advice way before you actually do anything.

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  • I am on a B2 visa - can I marry my girlfriend and apply for permanent residency?

    I am a Canadian citizen on a B2 visa, visiting my US citizen partner. We would like to get married and get me a green card. Can we marry in the US and apply for Adjustment of Status? We've heard about the 30/60 rule. Would that be an issue if we w...

    Barbara’s Answer

    Assuming you aren't otherwise inadmissible, yes, provided your intent at the time you entered was to visit, and you only formulated the intent to marry and stay later. You should meet with an experienced immigration attorney to review any other possible aspects to the case.

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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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