Brandon S. Gillin’s Answers

Brandon S. Gillin

Seattle Immigration Attorney.

Contributor Level 10
  1. How do you establish that a petitioner is domiciled in the usa? Is an intention to domicile adequate? HOW would we prove that?

    Answered almost 2 years ago.

    1. F. J. Capriotti III
    2. Elliot M.S. Yi
    3. Brandon S. Gillin
    3 lawyer answers

    So you want to prove that the petitioner is domiciled in the U.S., when the petitioner is actually not domiciled in the U.S.? That is not something I would recommend because it sounds like you want to prove something that is not true. Be careful of what you present to USCIS in this regard; fraud can have future prejudicial repercussions for you and the petitioner. You and the petitioner should talk to a U.S. immigration lawyer to explore your options.

    11 lawyers agreed with this answer

  2. Hello, I will like to know what's the best way to sponsor my Cambodian girlfriend?

    Answered over 1 year ago.

    1. Brandon S. Gillin
    2. F. J. Capriotti III
    3. Irene Vaisman
    4. Andre R. Olivie
    5. J Charles Ferrari
    5 lawyer answers

    There are pros and cons to each of the ways you mentioned. If you go the fiancee visa route, it may be longer until she's eligible to work in the U.S. than if you married her in Cambodia and then brought her over. This is a consideration not many people are aware of. If you're only interested in the fastest and the cheapest, then I would say marrying her in Cambodia is, on average, faster than the fiancee route. But my colleagues are correct when they say it depends on a lot of factors not...

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  3. I received a 30 day notice to vacate, now the prop. maint. co says it wants to address issues with the property, what do I do?

    Answered over 2 years ago.

    1. Brandon S. Gillin
    2. Elizabeth Rankin Powell
    2 lawyer answers

    Washington law (RCW 59.04.020) allows either the landlord or the tenant to provide 30 days' written notice to the other party in a month-to-month tenancy. From the facts you provided it appears your landlord complied with that statute. However (and I agree with Ms. Powell on this), if the dispute with the landlord that you mentioned regarding defects in the rental unit which gave rise to the property management company doing a walk-through with you was within 90 days of your receiving the...

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  4. How can I stop a road project?

    Answered over 2 years ago.

    1. Brandon S. Gillin
    2. Robert L Mauro
    2 lawyer answers

    Much more information is needed to adequately answer your questions. First, obtaining an injunction will require you to present a compelling reason to the court (e.g., the City is breaking some law, the project constitutes a nuisance, etc.). Without more information, it is impossible to advise you. Second, compelling the council to put the project to a public vote may depend on several factors, such as if a public vote is even required for this as set forth in the City Charter. Sometimes...

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  5. What if a person does not show up for immigration court day?

    Answered over 1 year ago.

    1. Brandon S. Gillin
    2. John M. Cromwell
    3. Justin G. Randolph
    4. Marco Caviglia
    4 lawyer answers

    As a general rule of thumb, always go to court when you have a scheduled hearing. If he doesn't show up to his hearing, he could be ordered removed "in absentia" (because he's absent). Its best to have an immigration attorney represent him in court. Good luck!

    7 lawyers agreed with this answer

  6. We became LPR 5yrs. Could not return to the US for over 3yrs. Can immigration allow my wife entry on compassionate grounds.?

    Answered almost 2 years ago.

    1. Wendy Renee Whitt
    2. Brandon S. Gillin
    3. F. J. Capriotti III
    4. Haroen Calehr
    4 lawyer answers

    It is risky to take this approach. At the POE, she could be sent back without being granted entry. It would be safer for her to go to the U.S. Consulate in her home country to get this straightened out.

    6 lawyers agreed with this answer

  7. Can an HOA tell me what can and cant be parked in my driveway and street?

    Answered over 2 years ago.

    1. Brandon S. Gillin
    2. Maryam Atighechi
    2 lawyer answers

    HOAs generally have the power to enforce provisions of the HOA bylaws, rules, and regulations. It is certainly not uncommon for an HOA to adopt a rule that boats and RVs not be parked in HOA members' driveways. As for the boats and RVs you see all over town, remember that they either (1) may not be part of an HOA, or (2) may have an HOA with more relaxed rules. HOAs in Washington are governed by Chapter 64.38 RCW. You should check the provisions in your HOA's bylaws, rules, and regulations...

    4 lawyers agreed with this answer

  8. K-1 fiancee visa. Original fiancee signatures not required?

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Brandon S. Gillin
    3. Dhenu Mitesh Savla
    3 lawyer answers

    Your attorney is right. Originals are not required at this stage. But she should be prepared to present the originals at her visa interview just in case the consular officer wants to see them.

    5 lawyers agreed with this answer

  9. Can I visit my wife on a VWP ?

    Answered over 1 year ago.

    1. Giacomo Jacques Behar
    2. Brandon S. Gillin
    3. Neil Ian Fleischer
    3 lawyer answers

    As you appear to be aware of, it becomes more difficult to travel to the U.S. on a visitor visa (or VWP) when you are married to a U.S. citizen because of the immigrant intent issue. In order to overcome this presumption, you will need to provide evidence that you are going to return to your home country. Such evidence could include ownership of property, information about children if you have them, or employment/business(es) you own in your home country. Good luck!

    5 lawyers agreed with this answer

  10. As a family friend can we be a sponsor for someone filing for citizenship and what is our responsibility?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Brandon S. Gillin
    3. Mary Carmen Remigio Madrid-Crost
    3 lawyer answers

    Your friend may be going through the process of gaining Legal Permanent Residency. It sounds like he needs a financial sponsor. If that is the case, that is accomplished through an Affidavit of Support, Form I-864. The purpose of that form is to show that the applying immigrant has enough financial support to live without concern of becoming reliant on U.S. government welfare (in other words, to show that he won't become a "public charge"). See "Responsibilities as a Sponsor" at the bottom of...

    5 lawyers agreed with this answer

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