Amy L Becerra’s Answers

Amy L Becerra

Immigration Attorney.

Contributor Level 11
  1. Immigration decision petitioner

    Answered almost 6 years ago.

    1. Thuong-Tri Nguyen
    2. Amy L Becerra
    3. Karin Wolman
    3 lawyer answers

    Before your wife leaves the United States for any reason, even to attend an interview at an American consulate overseas, you should consult with an immigration attorney you trust to determine whether and/or how much unlawful presence your wife may have accrued during her time here in the U.S. If she has accrued more than 1 year of unlawful presence here, her leaving the U.S. may trigger a 10-year bar on her ability to return to the U.S. and you may be required to file a waiver for her with the...

    1 lawyer agreed with this answer

  2. What kinds of documents one should need to prove bona fide marriage?

    Answered about 4 years ago.

    1. Ricky Malik
    2. Amy L Becerra
    2 lawyer answers

    If you have included your wife as a beneficiary on any insurance or job-related benefits you may have, I would include proof of that as well as proof that she may have adopted your last name as her married name (though that certainly is not absolute proof of anything). Joint accounts, not only at the bank, but on the utilities, maybe credit cards or memberships. Proof of joint ownership of your home and/or car, or as joint leasors on a lease agreement. If she is pregnant, it can't hurt to...

    1 person marked this answer as helpful

  3. Do I need govt-issued birth certificate to file for adjustment of status?

    Answered about 4 years ago.

    1. Dilipkumar Patel
    2. Amy L Becerra
    2 lawyer answers

    All is not lost. There are many countries that do or did not issue government birth records and/or there are situations in which records have been lost or destroyed. USCIS will consider secondary evidence, examples of which are listed in Title 8, Code of Federal Regulations, Section 103.2 (b)(2). Provide as many forms of proof/documentation as you are able. Best of luck! For assistance in preparing and filing fiance(e) and immediate relative petitions, adjustment of status application...

    1 person marked this answer as helpful

  4. My husband refused to jointly file form i-751 to remove the conditions on my green card, since he lost his job recently.

    Answered over 4 years ago.

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

    You're not clear in your question as to why your husband refused to jointly file other than because he lost his job. If that means he doesn't want to file because he cannot afford to pay the filing fees, then you might consider jointly filing the I-751, but with a request to USCIS to waive the filing fees. USCIS has the discretion to waive filing fees in such situations, but you must make the request and provide documentation as to the reason(s) why you cannot afford to pay the fee. Here's a...

    1 person marked this answer as helpful

  5. My sister is visiting me in the US with a tourist visa. Can I submit a I-130 petition for her while she is here?

    Answered over 4 years ago.

    1. Kevin Lawrence Dixler
    2. Patrice Dayale Dziire
    3. Scott D. Pollock
    4. Amy L Becerra
    4 lawyer answers

    As a United States citizen, you may submit an I-130 for your sister at any time, but this category of family-based immigrant visas is the lowest priority category, and as such, 12-15 years may pass before a visa number becomes available for a beneficiary. The simple answer to your question is, no, your sister may not overstay her visa until that priority date is reached. If she overstays her visa for more than 180 days but less than a year, she could potentially trigger a bar of 3 years on...

    1 person marked this answer as helpful

  6. Immigration visa through marrige

    Answered over 4 years ago.

    1. Shah Iqbal Nawaaz Peerally
    2. Kevin Lawrence Dixler
    3. Amy L Becerra
    3 lawyer answers

    Even though it may arguably be a moot question in the end (depending on processing), now that you've filed the I-130, if you have the receipt for that, you can file a K-3 visa application and, if it is approved before the I-130, have your husband arrive on that nonimmigrant visa as the spouse of a US citizen, and complete the process of obtaining permanent residence for him after he arrives in the States. The previous response is excellent, but I thought I might add this other possible option,...

    1 person marked this answer as helpful

  7. Address Change while on asylum case pending?

    Answered over 4 years ago.

    1. Amy L Becerra
    1 lawyer answer

    You need to file Form I-90 as soon as possible. You can go to USCIS' website at: www.uscis.gov and click on the Forms tab, scrolling down for the I-90. Once on that page, you can determine whether or not you may file your I-90 electronically or whether you must file via regular mail. Either way, do so quickly and follow up with a phone call to the National Service Center at 1-800-375-5283. As your interview has not yet been scheduled, it can't hurt to send a letter regarding your change of...

    1 person marked this answer as helpful

  8. 2 days ago my political asylum case was denied by the immigration judge.How long the appeal process usually takes?

    Answered over 4 years ago.

    1. Amy L Becerra
    1 lawyer answer

    When the BIA responds to your filing of the EOIR-26, it will include a copy of the transcript of your removal hearing(s). Carefully review the transcript and any documentation filed with the immigration judge before preparing an appellate brief and do any legal research needed to back up your case. Be sure to note which cases from the U.S. Circuit Court having jurisdiction over your area are relevant or persuasive to your case. Be aware that an appeal is based on questions of law (and...

    1 person marked this answer as helpful

  9. My husband used me to get a US citizenship. He was verbally abusive and recently left. I filed for divorce. What can I do now?

    Answered over 4 years ago.

    1. Christopher T. Anderson
    2. Amy L Becerra
    2 lawyer answers

    If you truly feel your husband committed fraud by marrying you in order to obtain an immigration benefit, you might consider drafting a detailed letter to USCIS, including the information about your divorce, asking the agency to conduct an investigation into his case and to revoke his citizenship. Consult an experienced naturalization attorney before proceeding so as to cover all your bases. Otherwise, be sure you have a very good divorce attorney and document as much of the verbal abuse you...

    1 person marked this answer as helpful

  10. Which process is faster K1? or I-130

    Answered over 4 years ago.

    1. Amy L Becerra
    1 lawyer answer

    As both the I-129F and the I-130 tend to take about 6 months to process at USCIS, it's a bit of a toss-up as to which process will be faster. In China, either process will take longer than for most other countries simply due to the delay caused by sending documents through Chinese customs. Immigrant visas and K-1 fiancee visas are generally processed at the same embassy. In choosing between the options, look at what your ultimate goals are: is it to be married as soon as possible? or to live...

    1 person marked this answer as helpful