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Kripa Upadhyay

Kripa Upadhyay’s Answers

42 total

  • Self employed to apply h1b

    I set up LLC on opt. LLC is elected to tax as corporation. I am the sole member. How can I apply H1b visa? Thank you.

    Kripa’s Answer

    I agree that the chances of approval on a self employed H-1B are highly unlikely. You have to be able to show an Employee/Employer relation for purposes of an H-1B; therefore, if you are the employer; employee and all-in-one for your LLC, the likelihood of a denial is high.

    The H-1B cap for 2013 was met on June 11, 2012 so you are out of luck for this year. You should look into other options - like an E-visa, but you MUST be a treaty country to be eligible to apply.

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  • Immigration

    what is the rough price to do a cr-1 visa for a american married to a thai? and am i better to use a lawyer in the usa or a law firm in thailand to do the papers?

    Kripa’s Answer

    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!

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  • If someone is in prison, can they be held longer than 48 hours from there release date, on an INS hold?

    He is a South African Citizen, who has been in the U.S for about 20 years legally.

    Kripa’s Answer

    I agree with the above comment. If an ICE hold is placed on him, ICE has 72 hours to pick him up; however, you should consult with and retain a good Immigration lawyer to help you with this as you will need assistance once he is transferred to a Immigration facility. IF Ice does not pick him up within 72 hours, he/the attorney can file a motion in District Court or also sue the local jail for unlawful detention.
    If he has no criminal or other negative Immigration history, he may be able to fight his deportation but he needs a good Immigration attorney to work with him.

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  • I am a foreign in USA with Visa B1, can I marry a USC that is in prison?

    Hello I am Italian and I am working in USA with Visa B1. Probably next here I will change in L1. My fiancè is a USC and now is in prison. Can I marry him in prison? will the marriage be legal? I know that a marriage between a foreign and USC is l...

    Kripa’s Answer

    Yes, a marriage which takes place while one spouse is in prison is still legal, but you will have to be able to prove that this is a real marriage. You will need lots of documents showing the length of your relationship. You should work with a good Immigration in this case as you will need a lot of help & guidance on this case

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  • How can I bring my husband back home legally? He was deported to El Salvador 1 year ago.

    Please help me know what steps to take. My husband was deported march 2011. We have 6 children and we really need him home. He has 2 felonies on his record of home invasion in 2006 but he served time for and continued to be allowed to stay. Yet a...

    Kripa’s Answer

    You need to work with an attorney experienced in mattrs of affects of criminal behaviour on Immigration to the U.S. You should NOT try and do this process on your own as your husband's situation is a very difficult one.
    Once deported, a person is barred from re-entering the U.S. for a period of 10 years from the date of removal. You can apply for him to receive lawful permanent residence ("Green Card") as the husband of a U.S. Citizen, but he will need to apply for waiver given his many criminal convictions.
    Generally, a person with one felony on his/her record will face a very difficult time in returning to the U.S - especially if the offense is a violent crime (which home invasion is)
    You need to work with a good Immigration attorney in your area to help you through this process.

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  • Low long after receiving green card can you go out of country? can you leave next day?

    If someone is very ill and have to leave US, can they leave the very next day after receiving green card?

    Kripa’s Answer

    Technically, yes, you can leave the next day, but if you think you might need to be out of the country for an extended period of time (i.e. more than a year) then make sure to file for a re-entry permit in which case you will need to wait additional time in the U.S. Remember that failure to return to the U.S within one year of departure may cause you to abandon your Green Card.

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  • Entering Marriage in good faith?

    Can somebody please tell me how can I prove that I entered my marriage in good faith, literally, what to do, what kind of evidence can prove that? I'm conditional permanent resident and I just got a divorce. I need to fille for a removal of my ...

    Kripa’s Answer

    I agree with the earlier post. If you are applying to have the conditions on residence removed by uniateral act (i.e yur spouse is not filing with you) you need to speak with an Immigration attorney as these cases generally require information that you will need to gather to ensure success.

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  • Where are the papers processed mother is applying for an waiver(i601 ) because she has a 10 year ban for overstaying her concern is where are the papers going to process if they apply in Greece.are they going to be processed there in Greece or uscis are going t...

    Kripa’s Answer

    Generally, the I 601 waiver is processed in the embassy where the applicant resides. The only time that a 601 waiver is sent to another location is if the U.S does not have an embassy where the applicant resides, then the waiver application is sent to the embassy that has jurisdiction over that area.
    As there is a US Embassy in Athens, the 601 in this case should be processed at the embassy in Athens (if your mother lives in Greece)

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  • If i have a philippino girl come visit me can she work here at a fast food restrant or do you have to marrie her before she can

    how long will a visa lsat and when it expires can you go to Canida and have here passport stamped and bring her back in the usa then would it start her visa all over again

    Kripa’s Answer

    As a U.S. Citizen (assuming you are one) you can petition for her to come to the U.S. as a fiancee. If she enteres on a Fiancee visa, you MUST be married within 90 days of her entry or else her visa is no longer valid.

    You can also marry her in the Phillippines and sponsor her as the spouse of a U.S. Citizen.

    If she is entering on a tourist visa then things are different. The tourist visa can be valid for anywhere betwen one month to 6 months. Even if she has a multiple entry passpot valid for five years; she cannot remain in the U.S for more than 6 months at a time. You cannot take her to Canada and re-enter just to extend the validity of the visa. Also, a tourist visa does NOT allow you to work. If she works on a tourist visa, she is in violation of her status and may be deported on those grounds.

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    Kripa’s Answer

    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 Immigration attorney as the waiver will play a big part in your ability to adjust status or enter the U.S.....Good luck!

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