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Brandon S. Gillin
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Brandon Gillin’s Answers

106 total


  • Can someone work on a K1 Visa?

    If my spouse was to obtain a K1 visa, could my spouse work on it? Would it be difficult to get a green card for them to work? Is their financial requirements for a green card?

    Brandon’s Answer

    First of all, your spouse cannot obtain a K-1 visa. Only fiancees can obtain K-1 visas. If you are already married, you will have to pursue a different type of visa. Since the K-3 is not advisable any more, it may be wise to look into an immigrant visa. Even wiser would be to consult with an immigration attorney in your area to help you review your options, including the financial support issue you asked about.

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  • Do I need to file form I-130 before leaving the U.S using Advance Parole?

    I am married to a U.S citizen since October 2013 we have not file the petition form I-130. My mother is very sick and would like to go visit her. I want to file for Advance Parole so I can leave the country and be available to re-enter the U.S. I ...

    Brandon’s Answer

    You need to talk to a lawyer about whether you are eligible for Adjustment of Status based on your marriage to a U.S. citizen. If so, your lawyer will be able to help you file for Advance Parole. Based on your question it is clear that you are a bit confused about the process.

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  • Who should pay for attorney's fee for H1B holder?

    My new employer is saying that I, who is going to transfer H1B from old H1B , should pay for attorney's fee but my previous employers paid for all legal fee including attorney's fee. Could you help me to clear what the employer should pay for and ...

    Brandon’s Answer

    It's more complicated than a simple "employer should pay" or "employee should pay." It depends on several factors. In general, though, if the employer doesn't pay I would be skeptical and would normally advise the employer to be aware that a DOL audit could come back to bite them. Personally I wouldn't take the case if the employer refuses to pay for the attorney fees.

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  • Family based visa application got refused (petitioner died). Is there a way to stay beneficiary for an almost 21 year old?

    Hello, my name is Joe, I would like to kindly ask for your advice. My grandmother was an United States Citizen. She filed a family based petition (family reunion) for her daughter (my mother) and her grandson (me) about 15 years ago. The peti...

    Brandon’s Answer

    Humanitarian Reinstatement is going to require putting together a packet of evidence for the purpose of convincing the adjudicator (at the USCIS office that originally approved the petition) to give you this discretionary relief.

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

    My attorney says that my fiancee will only be signing the G-325A form and Letter of intent with her name on it. Originals are not required from her. She can print, sign, scan and email forms to me. Less work for us, however, I'd like to have sec...

    Brandon’s Answer

    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.

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  • Should I request for the K-1 interview to be in our current location China, or her native country Cambodia?

    I am applying for my fiancee's K-1 visa, and I would like to ask if we should apply for her interview to be in Guangzhou since we plan to be in China during the application process, or if we should ask for it to be in Phnom Penh since she is Cambo...

    Brandon’s Answer

    I would recommend that she go to Phnom Penh. Its going to be a smoother process for her if she sticks with a U.S. Consulate in her home country. Not knowing anything about her language ability, I can say that it will still be easier for her at her visa interview to express herself in her native language if need be, and there will undoubtedly be someone who speaks her language at the U.S. Embassy in Phnom Penh. The chances of there being someone who speaks her native language in Guangzhou is much less likely.

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  • Denied of I-130 or I-485!!

    After I was denied I-130,I-485, I was wonder if USCIS will I be able to renew my EAD when run out.. I have already sent motion to reconsider and appeal a month go and received receipts. What other options should I consider to renew my EAD..

    Brandon’s Answer

    You may have options, but you really should talk to an immigration attorney. Go to www.ailalawyer.com to find one in your area.

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  • I am filing the I-130. What do I answer on section C question 22 B?

    The question says if your relative is not eligible for adjustment of status , he or she will apply for a visa abroad at the American consular post in... she came here from Mexico in 2000 with a visa a never went back or renewed it

    Brandon’s Answer

    You really should have an immigration attorney look this over for you. An immigration attorney will be able to ask you and your spouse questions to determine if your spouse will have any difficulties in the future as a result of filing this petition. If problems are foreseeable, the attorney will be able to advise you accordingly.

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  • How do i change my status from a student visa to a green card?

    I am here on a student visa but I want to stay . Can my sister file for me ? I saw on USC IS site that Preference Categories When petitioning for your relative , the following preference categories apply : Fourth Preference : Brothers and sis...

    Brandon’s Answer

    Assuming your sister is a US citizen or Lawful Permanent Resident, she can petition for you, but you will have to return to your home country and wait for a visa to become available for you. This will take years. Check the latest visa bulletin to see approximately how long it will take.

    http://www.travel.state.gov/visa/bulletin/bulletin_5885.html

    Good luck!

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  • I will get citizenship certificate 12 march i want to apply for my fiancé no money for hiring attorney ? what should do

    i am looking for job is any service for low income or student who cant afford a lawyer any service to help them out. i live in union city

    Brandon’s Answer

    It sounds like you want to petition for your fiance using Form I-129F. I suggest you read the instructions on the form:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

    Our firm handles fiance visa petitions for a reasonable cost. I do not recommend doing this yourself, as your likelihood of being denied increases, which wastes your time and money. Please see our video:

    http://www.youtube.com/watch?v=lgClucFKP6o

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