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Barbara A Marcouiller
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Barbara Marcouiller’s Answers

1,238 total


  • Can I file I-821 while I am in H1B cap gap?

    Currently I am in a H1B cap gap. I am currently working. I am planning to file I-821 (TPS). My H1B is still pending. I am not sure it is going to be approve or deny. So at this time Can I file I-821? Is it going to be any issue to file multiple ca...

    Barbara’s Answer

    TPS is an indefinite status that sometimes goes on for many years--provided you registered during the initial registration period. You should apply to protect the option.

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  • Can denial of I-131 hinder processing of I-485?

    My wife is about to start the process of adjustment of status. I am a US citizen. She is currently out of status on J-1 visa (NOT subject to 2 year rule). We have a vacation trip planned and at first were planning to apply for I-131 for advanced p...

    Barbara’s Answer

    No, the adjustment will be adjudicated separately. However, advance parole is not for leisure travel.

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  • Unavailability of record CFR 103.2 (b)(2)

    My wife is about to start the process of adjustment of status she is on J-1 visa that is out of status (not subject to 2 year rule). I am a US Citizen. The issue is that from our understanding I-485 requires unabridged birth certificate (South Afr...

    Barbara’s Answer

    You can have your mother get to work to obtain it, file using the abridged version, but expect a Request for Evidence for the long version. You will need to have obtained the long version by the deadline to respond to the RFE, or lose they will close the case, and you'll lose the filing fees. The other option is to wait to file until you get the proper document. When the law refers to unavailable documents it means literally, the office of the civil registrar where the documents were kept was bombed and burned to the ground in WWII, for example, not that it is a hassle to get it. Sorry.

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  • Should the copy of birth certificate be unabridged or abridged? For the I-485 package?

    I'm busy with my adjustment of status, I got married a month ago and I'm South African. My mother can send me a copy of my birth certificate via email, but she wants to know if it should be abridged or unabridged?

    Barbara’s Answer

    They require the long form that has not only your birth data but also the data of your parents.

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  • CRBA-Consular Report of Birth Abroad regarding marital status, I am US Citizen and currently Married here in the US.

    I have Fathered a daughter to another woman in the Philippines. I am not married to the biological parent of my daughter. My question is; Can I legally apply CRBA for my daughter to become US CITIZEN. Pleas advise

    Barbara’s Answer

    Yes. You must acknowledge paternity. Is your name on the birth certificate as the father? It will be harder later on for the child to demonstrate her U.S. citizenship if you aren't married and also she doesn't have the consular report of birth abroad. Have your name put on the birth certificate as the biological father. Even if you aren't married. Then do the consular report. They may question it, and may even ask for DNA. You should work with an attorney to discuss additional evidence that may be obtained.

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  • F4 beneficiary and their spouse

    Hello, My father apply for greencard based on his sister(F4). Now the priority is reached and we received a letter that he can start the immigrant visa process. My question is how should my Mom get the green card base on my dad? I don't see my ...

    Barbara’s Answer

    The original I-130 filed all those years ago expressly asks the names of the beneficiary's (your dad's) spouse and children. Given that you say they were married at the time, she may now file, but at this stage each person needs to file an application. You also need to be sure they are going to be admissible and not subject to any bars. You would benefit from meeting with an experienced immigration attorney.

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  • We updated your name for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number. What does this mean?

    In my approved L1A extensionPettition there was a mistake in my lastname. It was done by my attorney so he requested for a correcton. now in the USCIS website when i track for my receipt number it says "we updated your name for your Form I-129, Pe...

    Barbara’s Answer

    You should trust your lawyer. It means what it says. They corrected the typo in your name. The case is being processed. Nothing amiss here.

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  • Can US consulate cancel my existing H1b visa?

    I have an existing H1b visa from my previous employer and it's valid till February 2016. I'm planning to go for visa stamping on October 2015. if for any reason US consulate deny my visa what will happen to my existing H1b visa? Can they cancel th...

    Barbara’s Answer

    Yes, your existing visa can be cancelled, because it is employer and also job specific. If you aren't with that employer, that visa can be cancelled.

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  • General chances of EB2 NIW approval with 2 good publications (with 29 citations), 1 in review, 6 presentations, with PhD?

    I'm PhD candidate, expecting to graduate soon. I have 2 peer review publications, with 29 citations. I have 1 manuscript in review, and 2 others drafts being prepared. I have attended 8 conferences and have oral or poster presentations. I hope to...

    Barbara’s Answer

    It isn't really just a numbers game. All of what you mention counts, but doesn't say anything about whether it will be approved, especially the national interest part. You should meet with an attorney who is experienced int his type of case to review exactly what your work is about and the potential future applications. If your work is particularly compelling, it can overcome other things.

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  • If a us citizen brings their non national minor child with them to the US will they be given immigration on arrival?

    I applied immigration for my wife and child when I was on green card since becoming a citizen I have updated the application and after updating i have been asked by NVC to fill out the visa form for my wife but for my 1 year old daughter I have to...

    Barbara’s Answer

    The government really strongly does not like people just trying to get around normal processing. Your case is the perfect example of why it is generally a good idea in this category for people to submit separate petitions for each person, even though as a permanent resident you could include your child on the same petition as your wife. It may be possible, though no one can guarantee, that there may be a reason to expedite the child's case, but you'd really need to work with a lawyer and investigate your specific situation.

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