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Amy L Becerra

Amy Becerra’s Answers

128 total


  • Address Change while on asylum case pending?

    I am from Minnesota. I am graduating on May 10th. After I graduate, I am planning to move to Texas. My asylum application was officially accepted on March 8th by Nebraska Service Center which was forwarded to Chicago Asylum Office. I have already ...

    Amy’s 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 address directly to the Chicago Asylum Office asking to have your interview scheduled at the Houston Asylum Office (if that's the office with jurisdiction over your new place of residence.). Best of luck!

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  • How do i go about filling asylum?

    I am on F1 Currently out of Status!.. Because i didnt pay the School Fee and they wont grant me Transfer to any cheap College until i pay large amount of money for the Semester....Which i dont really have my sponsor demises(dad) and i dont wanna...

    Amy’s Answer

    I would definitely consult an immigration attorney experienced in filing asylum cases as there are many factors to consider as well as a timeframe within which you need to file. One cannot simply file an application for asylum because their other plans did not work out. Fifteen or twenty years ago one could more easily apply for asylum and have a work permit issued to them while the application was pending...this sometimes lasting for years at a time! Such is not the case any more due to overwhelming fraud on applications at that time. If you believe you have a valid claim to asylum based on political, religious, or some other form of persecution, make an appointment with an experienced attorney, preferably one familiar with your home country/nationality or who perhaps even speaks your native language. Bring any evidence you have of your identity, nationality, immigration history, and of persecution or fear of persecution to your appointment. Best of luck!

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  • How can I divorce my immigrant husband who is incarcerated?

    We got married in 2007 by proxy. He is currently in jail in Pekin, Illinois and we do not have any property or children he does not have any papers and we never filed our marriage with immigration does he have any rights or what will be the cheape...

    Amy’s Answer

    I would recommend consulting with an experienced immigration attorney (especially if they also have a background in handling divorce matters) as to what your husband's current status even is and whether or not he is even legally in the US. As for a divorce, check carefully with the laws regarding marriage in your jurisdiction to see whether or not you are even considered to be "married" in the eyes of the law as you were married by proxy. You don't clarify whether you married overseas or in the US, I'm assuming overseas based on previous clients. If you are not even recognized as being legally married, then a divorce may not be necessary. Perhaps an annulment would be appropriate, or perhaps there is no need to do anything if you were never married "under the law." If you can't locate an attorney who handles both immigration and divorce matters, then I would concentrate on locating an excellent divorce/ family law attorney to determine your exact marital status as this will be more relevant as to how to sever your relationship with him. You can contact your state's bar association for recommendations. Best of luck.

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  • Does a foreign (same-sex) marriage to a US citizen demonstrate immigrant intent for a student visa applicant?

    I'm a US citizen living in Europe in a same-sex marriage (established in Europe, not a US state). My husband has been accepted to a graduate program and will be going to the local US embassy to interview for his F-1 student visa. He's not going to...

    Amy’s Answer

    As you would not be able to petition for your spouse under US federal law, there really is not an immigrant intent present. Nevertheless, even if you were not legally married in any country or even in any kind of relationship with each other, your husband will have to prove to a consular officer's satisfaction that he fully intends to leave the US upon expiration of a valid visa status. That's true for any nonimmigrant visa category, even visitors. Even without delving into the question of same-sex marriage, your spouse will need to bring with him to his embassy interview, any proof of his intention to return to his home country, such as family ties there, financial ties, jobs, school programs, real property, etc. The question is for the consular officer is more "What will keep this applicant from simply staying on illegally in the US after completing his graduate program, or from trying to obtain permanent residence in a fraudulent manner? How can he prove he'll return when his visa expires?" You might consider a consultation with an experienced immigration attorney in preparing for your husband's upcoming interview, both document and answer-wise.

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

    I want to send EOIR-26 form to BIA.They'll answer me in around 5 weeks.Then I'll have 21 days to send the brief.My question is what will happen then? After I'll send the brief how long it takes to get the BIA decision? I also can not find any info...

    Amy’s 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 whether or not it was correctly applied) and not questions of re-arguing facts. You will need to send copies of anything you file with the BIA to the government's attorney as well. Depending on how thoroughly you prepare your appeal (you'll need to be sure to follow EOIR--Executive Office of Immigration Review, court procedures for filing and brief format as well), you may expect an answer in either a relatively short time (generally indicating that you've lost on appeal) or a matter of weeks or months before receiving a decision (my experience has been the longer, the better) as to whether you have "won" on appeal regarding the matter and/or whether your case will be remanded (sent back) to the immigrant judge to make a new decision based on the findings of the BIA. Everything is done on paper. Always use proof of mailing and keep copies of everything. BIA decisions are sent in the mail. All that being said, I think it worth your time and financial investment to consult with an immigration attorney experienced in filing appeals with the BIA both to see what your chances on winning on appeal are, and if fair, then to handle researching and writing the appeal on your behalf. Best of luck!

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  • 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?

    I feel used as he got a green card and us citizenship (naturalization) from me. we have been married for 5 years with no children.

    Amy’s Answer

    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 suffered as possible. Best of luck.

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  • How can i start the process to marry my fiance' who is an illegal immigrant

    my fiance' is recently in custody at the lasalle detention center in louisiana

    Amy’s Answer

    In this situation I would highly recommend speaking to a very experienced immigration attorney who practices on a regular basis before the immigration court and is familiar with immigration bonds and detention. Marriage to an illegal detainee is a delicate situation and you should both know your rights and have accurate expectations about the removal process and whether or not you will be able to petition for him even if you do marry. I would suggest locating such an attorney through the Florida Bar referral service or through the American Immigration Lawyer Association's website, www.aila.org. Best of luck!

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  • After receiving a fiancee visa, how long do we have before it expires?

    I am from and live in California, she is from and lives in Spain.

    Amy’s Answer

    In limited circumstances, a consular officer may extend the visa for a short period if it has not yet been traveled on. If your fiancee fails to travel on the visa and it expires, or she enters on the K-1 but you do not marry within the 90 days, you may have to start over with a new petition. Congratulations on your engagement! For assistance in preparing a K-1 fiancee visa package, contact Amy L. Becerra, Esq.; amy@alblawoffice.com. Se Habla Espa~nol.

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  • Can I apply for a green card on visa for my fiance

    i have been engaged to my fiance for about a year and I am currently 8 months pregnant with our son.I he is here illegaly from mexico and has been here for about five years no criminal record at all. I am just finishing the papers on a divorce fro...

    Amy’s Answer

    Unless you are legally married, you are not in a position to petition for your fiance. I would highly recommend consulting with an experienced immigration attorney regarding your fiance's situation so as to determine whether or not he would be eligible to apply for adjustment of status even upon marrying a U.S. citizen. Marriage to a U.S. citizen is not a guarantee of legal status as there are a variety of other factors that affect one's eligibility to apply for such. Find what, if any, his options are before making the legal decision to marry again. Best of luck to you both.

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  • How long does a I-130 immigrant visa take to process?

    I have married in Spain (I am from the USA) and would like to move back to the States with my Spanish wife. How long will her visa take to process? Am I correct in thinking that with the I-130 immigrant visa I don't need to file a K3? (Thank you!)

    Amy’s Answer

    • Selected as best answer

    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 she is here, then you can do that. Otherwise, by filing the I-130 while she is overseas, you are basically asking for her to enter on an immigrant visa (as a visa number will be immediately available to her as the spouse of a US citizen) and then she would be a permanent resident upon entry. If you have been married less than 2 years on the day she becomes a resident, then she will be granted conditional permanent resident status for which you will need to file an additional petition in the future asking to remove the condition on her resident status. For assistance in preparing a K-3 or I-130 package, contact Amy L. Becerra, Esq.; amy@alblawoffice.com. Se Habla Espa~nol.

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