Kripa Upadhyay’s Answers

Kripa Upadhyay

Seattle Immigration Attorney.

Contributor Level 9
  1. I just had my marriage based immigration interview

    Answered over 2 years ago.

    1. Kripa Upadhyay
    2. Neil Ian Fleischer
    3. J Charles Ferrari
    3 lawyer answers

    If you and spouse were separated during the interview and your answers differed in that situation, then, yes, it could potentially be a basis for further investigation or even a notice of intent to deny that will be issued by the USCIS. I would advice that you seek the advice of an Immigration attorney in your area that has experience handling such cases as the outcome of a Notice of Intent to Deny or even a final notice of denial based on a fraud finding has devastating consequences....

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  2. Can i obtain a certification from a law enforcement agent without any charges against my ex boyfriend?i need this for a U VISA.

    Answered over 2 years ago.

    1. Kripa Upadhyay
    2. Peter Hills Acker
    2 lawyer answers

    There are several issues with your question, and the short answer is, you need to hire a good Immigration attorney immediately! 1. Voluntary Departure: If the IJ granted you VD last month, you MUST leave within the time that was specified in the order. If you fail to depart the U.S, the VD order will automatically convert into an Order of Removal and you will be subject to removal proceeding again. The likelihood of you getting a second VD order are nil. 2. Motion to Reopen: A motion to...

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  3. How do we go about applying for the new Entrepreneurial visa ?

    Answered almost 3 years ago.

    1. Kripa Upadhyay
    2. J Charles Ferrari
    3. C. C. Abbott
    3 lawyer answers

    There are several options for Investors/entrepreneurs that may be open to you based on your country of Citizenhip and your financial resources. Investor visas such as the EB-5 (requirement to invest half a million or one million) allow the principal applicant to being in spouse/child as dependants so you would not need to file two seprate applications for you and your spouse. There are additional options such as the Treaty Trader/Treaty Investor (if you are a citizen of a country with a...

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  4. I-693 IMMIGRATION MEDICAL I REALLY CONFUSED!!!

    Answered over 2 years ago.

    1. Kripa Upadhyay
    2. Patrick Caston Crowley
    3. J Charles Ferrari
    3 lawyer answers

    Herpes is a communicable disease so yes, if your medical examination results in a finding of herpes then you may be deemed inadmissible on medical grounds, but you can still be admitted if you file for a waiver. You are eligible to file a waiver if: 1. you are the spouse or unmarried/minor son or daughter of a US Citizen or LPR 2. You have a child who is either a US Citizen or a Lawful Permanent Resident 3. You are a self petitioning spouse or child on account of abuse Please hire a good...

    4 lawyers agreed with this answer

  5. I HAVE TWO UNCLES WHO ARE US CITIZENS CAN THEY SPONSER ME FOR A GREENCARD

    Answered over 2 years ago.

    1. Kripa Upadhyay
    2. Debbi Lee Klopman
    3. Kathleen M. Angustia
    4. Rachel Game
    5. J Charles Ferrari
    5 lawyer answers

    Not generally no. An uncle is not a qualifying family member to sponsor your Green Card. U.S. Citizens' can sponsor a parent, child, spouse or sibling but not a nephew or a niece.

    4 lawyers agreed with this answer

  6. I have been charge for Theft 3, and I am not a U. S. Citizen. But I am a U.S. Immigrant with a valid green card.

    Answered about 3 years ago.

    1. Kripa Upadhyay
    2. Christian Schmidt
    3. Ahmad Mohamad Yakzan
    4. Lynne Rogers Feldman
    5. Rogelio Vergara Morales
    5 lawyer answers

    While true that Theft 3 is NOT an aggravated felony it is a crime of dishonesty and falls within the crimes that constitute Crimes Involving Moral Turpitude (CIMT) which can trigger/start Removal proceedings. If your conviction to Theft 3 (or ANY Crime Involving Moral Turpitude) was committed MORE than 5 years from the date of your admission as an LPR then you should be safe (i.e. not subject to deportation) If this is the second or more of any two separate CIMT convictions “after admission”...

    2 lawyers agreed with this answer

  7. Immigration

    Answered over 2 years ago.

    1. Andre R. Olivie
    2. Kripa Upadhyay
    3. Rebecca T White
    4. Robert West
    4 lawyer answers

    As far as choosing an attorney is concerned, I agree with others that you should only work with an attorney licensed to practice in the U.S, AND one that is a member of AILA. An attorney or law firm in Thailand may not work becuase they may not be licensed to practice in the U.S. Price would vary depending on the facts of the case. Good Luck!

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. I went to the first interview and when finished we were said that we will received the decision by mail. How long that may be?

    Answered over 2 years ago.

    1. Kripa Upadhyay
    2. Luis Alberto Guerra
    3. Kyndra L. Mulder
    4. J Charles Ferrari
    4 lawyer answers

    I agree with the earlier response that it depend on work load, but am intrigued that you were told that your phone would be intercepted and that you would be followed?! An Immigration officer has the right to conduct an investigation into the validity of your marriage - this includes unannounced visits to the home address listed on the application; speaking with neighbors; looking into available financial records to see if tax returns include information for another spouse or other dependents,...

    3 lawyers agreed with this answer

  9. What can i do if i missed my immigration court cause i got mixed up with the date?

    Answered over 2 years ago.

    1. Kripa Upadhyay
    2. Neil Ian Fleischer
    3. Alexander Stuart Mulgrew
    3 lawyer answers

    I agree with my colleague. You need to hire an Immigration Attorney well versed in matters of Immigration removal practice. A failure to appear in Immigration court is a serious matter as the Judge can (and this case probably did) enter a final order of deportation against you. When you received notice of your court date, that notice also included warnings regarding what might happen if you fail to appear. You MAY be able to file a Motion to Reopen if you can explain what caused the confusion,...

    1 lawyer agreed with this answer

  10. Does 24 months probation time considered an imprison in immigration?

    Answered about 3 years ago.

    1. Kripa Upadhyay
    2. Danielle Nelisse
    2 lawyer answers

    Probation is not the same as "imprisonment" but in Immigration Law, the fact that you may have been convicted of a charge of shoplifting may still negatively affect your Immigration status. Shoplifting is a crime of theft which falls under a "Crime Involving Moral Turpitude"; therefore it can have negative effects on any Immigration status (less than U.S. Citizenship) that you may hold. You should consult an Immigration attorney exerienced in handling Immigration matters with criminal...

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