Amy L Becerra’s Answers

Amy L Becerra

Immigration Attorney.

Contributor Level 11
  1. How long does a I-130 immigrant visa take to process?

    Answered over 4 years ago.

    1. Amy L Becerra
    2. Shah Iqbal Nawaaz Peerally
    2 lawyer answers

    You are correct in that if you file only the I-130 petition that there is no need, per se, to file a K-3. If you file a K-3 petition, the first step to doing so is to file an I-130. After that, it's often a race to see which petition is adjudicated first as in many cases, they are approved simultaneously. If for some reason you wish your wife to enter the US on a nonimmigrant visa, such as the K-3, and then have her apply for permanent residence through the adjustment of status route once...

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  2. What is the processing time for AOS package with I-130 @ the MSC?

    Answered almost 4 years ago.

    1. Amy L Becerra
    2. Kwao Amegashie
    2 lawyer answers

    As of July 31, 2010, the Chicago USCIS office reports that it is taking approximately 4 months to process I-485 Adjustment of Status applications (which would include the underlying I-130 in AOS cases). You can see this at: https://egov.uscis.gov/cris/processingTimesDisplay.do. That's fast! As far as checking your receipt number against the online status page, sometimes they just don't get the receipt number loaded in... ever. Other times, it might be in their automated system but with...

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  3. My fiance ( visa beneficiary ) is not working at the moment so she can't prove any income. Would that be an issue?

    Answered about 4 years ago.

    1. Shah Iqbal Nawaaz Peerally
    2. Amy L Becerra
    3. Nicklaus James Misiti
    3 lawyer answers

    At this point, I wouldn't worry about proving whether or not she has a job, the point is whether or not you, as the petitioner, her sponsor, and future spouse, will provide for her, both while she is in the US as a fiancee visa beneficiary, and presumably, later once you're married and filing an adjustment of status application and immediate relative petition for her. If you're working, you can submit whatever proof you have of income, such as: a brief letter from your employer on company...

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  4. I petitioned my sister (I-130) 2 years ago, Does anybody knows how much longer it wil take?

    Answered about 4 years ago.

    1. Amy L Becerra
    2. Nicolas Andres Olano
    2 lawyer answers

    Mr. Olano has provided you with an important link to the Department of State's monthly visa report. Your sister would be in category F4. He is correct in saying that visa numbers for that category are current for priority dates on and before January 1, 2001, unless your sister is from Mexico (in which case, the priority date is March 1, 1995) or Philippines (priority date April 1, 1989). Best of luck!

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  5. I'm a Us citizen, my husband wants to become a US citizen will he lose his France citizenship upon becoming a US citizen?

    Answered over 4 years ago.

    1. Amy L Becerra
    1 lawyer answer

    Becoming a U.S. citizen demands allegiance to the U.S. over any other country (such as during a war) and the U.S. does not recognize dual citizenship. A naturalized U.S. citizen is, in the eyes of the federal government, a U.S. citizen only. However, there are many countries in the world that recognize dual citizenship. If France recognizes dual citizenship, then your husband will not "lose" his French citizenship. France will always recognize his status as a citizen of her country. The U....

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  6. What are my Chances of winning Asylum?

    Answered almost 4 years ago.

    1. Amy L Becerra
    2. Nicklaus James Misiti
    2 lawyer answers

    I think you would definitely benefit from a one-on-one consultation with an immigration attorney with experience both in filing affirmative asylum cases and in defending clients in removal proceedings to evaluate your claim for asylum. It may very well be that you have a good asylum claim, but you will need to determine, if you have been in the US for more than a year, whether your filing outside of that timeline falls within one of the exceptions to that rule. Either way, you would benefit...

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  7. I have filed form I-131 with the USCIS along with form I-485. How an when will I get my advance parole document?

    Answered about 5 years ago.

    1. Amy L Becerra
    1 lawyer answer

    You can check the most current processing timeline guidelines by going to USCIS' website at www.uscis.gov and selecting the service center with which you filed your adjustment of status package, scrolling down to see where they're at (roughly) in processing I-131s. It is possible that it may not be adjudicated before your interview in August. Even so, simply because you are granted an advance parole document does not mean that you should necessarily travel on it as, depending on your...

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  8. I yesterday took I-485 interview base on marriage. but at the end, My I-94 was taken away and no stamp my passport. What does it

    Answered about 5 years ago.

    1. Amy L Becerra
    1 lawyer answer

    Without more information about your case or how the interview went, it's hard to say, but I wouldn't assume the worst. While it's best to receive an indication of approval at the interview with a quick follow-up I-551 stamp in your passport, I have had several clients who, for whatever reason (sometimes the interviewing officer just checking with their supervisor or having a second look at the supporting documents), were informed of their approval in the mail. Of course, there is also the...

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  9. I filed I-129F, received notice on 2/19/08. It is now 4/14/09. The answer to why so long is security checks, do i need a lawyer.

    Answered over 5 years ago.

    1. Amy L Becerra
    1 lawyer answer

    If you have the Receipt Number for your original I-129F petition, you can go yourself to www.uscis.gov and enter the number in the space on the right bottom area of the page to see what the status of your case is. You can also sign up to have USCIS notify you electronically of any changes in that processing status, such as whether an interview notice or request for evidence has been mailed to you or whether a case has been approved or denied. To figure out how long it may take for your case to...

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  10. Is it possible to withdraw immigration petition after a divorce with an immigrant?

    Answered over 5 years ago.

    1. Kevin Lawrence Dixler
    2. Annie Banerjee
    3. Nikiki Tavia Bogle
    4. Amy L Becerra
    4 lawyer answers

    Be careful. Until you are certain that you have successfully withdrawn your petition, you may still be responsible for providing your ex-spouse at 125% of the federal poverty guidelines and/or be responsible yourself for filing a change of address (as an I-864 affiant) within 30 days of any move. Check with an experienced immigration attorney to be sure.

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