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Amy L Becerra

Amy Becerra’s Answers

128 total


  • I am foreign he is us citizen, we just got married, he is going to adjust my status thought the necessary forms (I-130, I-485.

    the problem is i am out of status for 2 years, but i have a job for 2 years and file my taxes, i entered US legally. do i mention it? and how it gonna impact my case? appreciate any advice

    Amy’s Answer

    You not only need to mention it in your application package, but you will probably need to file a waiver of inadmissibility and pay the $1000 penalty fee. That being the case, I would invest in a consultation with an experienced immigration attorney to assess your total situation and if needed, to prepare a waiver on your behalf. Best of luck!

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

    Our marriage was bona fide marriage. It was done on good faith. Marriage was done in India. I have all marriage pictures, Videos, Government Marriage certificate, Church marriage certificate, In USA 2 joint bank account. Other mail which were comi...

    Amy’s Answer

    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 throw medical records of that in there, or if you have an adoption or fertility treatments in process. You want proof that you cohabitate (and if you don't, then an extremely good explanation as to why...that's if you even bring it up at all in your application or in the interview, but be prepared to respond!), that the marriage was valid, legal & public, and that you commingle financial assets and liabilities. Basically though, it sounds like you've got a solid start. Once you have filed your application, continue to save any additional documents you may acquire as your marital relationship grows up until the time of your interview. Best of luck!

    For assistance in preparing and filing fiance(e) and immediate relative petitions, adjustment of status application packages, removal of condition on residence petitions, and naturalization applications, contact Ms. Amy L. Becerra, Esq.; (757) 345-9019; amy@alblawoffice.com.

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

    I am filing for adjustment of status (to permanent resident), which requires that I present my birth certificate. I have two problems here. First, my birth certificate was issued by the hospital, not the state. (As at when I was born, the govt in ...

    Amy’s Answer

    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 packages, removal of condition on residence petitions, and naturalization applications, contact Ms. Amy L. Becerra, Esq.; (757) 345-9019; amy@alblawoffice.com.

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  • 2nd filing for K1 Visa for my fiancee in China. Please help

    I have previously sponsored my ex-wife who obtained her permanent green card and later divorced last year. Earlier of this year, I met my current fiance through online dating. I am planing a trip to China next month for 2 weeks and possibilly anot...

    Amy’s Answer

    I would most definitely recommend that you speak with an experienced immigration attorney regarding your second K-1 petition. Yes, there are some red flags in your situation. Without knowing more details, they would be the fact that you previously filed and are filing again so quickly after your divorce; the use of an online dating service (which may or may not be an "international marriage broker"); and the fact that your fiancee is from China. There are other red flags you may need to consider such as total number of marriages for both of you, age difference, and certain criminal convictions on your part. Red flags, however, are not necessarily insurmountable, but definitely should be anticipated. Fluency in the language and having met in person, particularly more than once, are points in your favor. Planning ahead is a very good idea and you are wise to consider that rather than simply plunging ahead. Congratulations on your engagement and best of luck!

    For assistance in preparing and filing fiance(e) petitions, immediate relative petitions, adjustment of status applications, and removal of condition on residence petitions, contact Ms. Amy L. Becerra, Esq.; (757) 345-9019; amy@alblawoffice.com.

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  • Do I need to file for divorce in Nigeria?

    I am a US citizen currently resident in Nigeria. We have three children staying with my wife in California. I want a divorce. Do I need to file for divorce in Nigerian court or do I need to come back to California to do the filing?

    Amy’s Answer

    This is not really immigration-related on the face of it and I would recommend you post this question under the Family Law section, particularly searching for California-based divorce attorneys so they can advise you better on things like community property law.

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

    I sent my AOS package and I-130 to the Chicago lockbox and I got an email/text today stating it's been received and routed to NBC for processing. My receipt number starts with MSC, and I'm unable to check the case status on their website. (Not sur...

    Amy’s Answer

    • Selected as best answer

    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 faulty information or dates. It's definitely not 100%. You can always call the National Service Center 1-800 # listed on your Receipt Notice, but I'd give it at least 30-60 days before bothering as it will just be in the works until then. You should receive a biometrics appointment notice within several weeks of applying.

    For assistance in preparing adjustment of status application packages and removal of condition on residence petitions, conducting case status inquiries, and filing FOIA requests, contact Ms. Amy L. Becerra, Esq.; (757) 345-9019; amy@alblawoffice.com.

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  • My brother in law is from Guatemala and he would like to adjust his status how would he start

    He has been here for more thatn 10 yrs but he has never sent in any kind of paper to immigration so that he can adjust his status so i would like to know what we need to do so that he is not deported when they do start to do all of the new immigra...

    Amy’s Answer

    I would highly suggest your brother-in-law speak with an experienced immigration attorney, not only to explore whether or not he has any potential benefit under NACARA or what his defenses, if any, he might have should he ever find himself in removal proceedings, but also to determine how best to situate himself should he ever be eligible for an immigration benefit under any law in the future. I am assuming that your brother-in-law does not currently have a legal status. Of course, depending on the status of your sister, perhaps he might be able to benefit through his relationship to her. If he has no status now and is not currently eligible for any benefit, he will at the very least, should he ever need to establish his eligibility for any future benefit, be able to prove his identity, his nationality, his date and point of entry into the US, and his continuous and/or physical presence in the US since his last arrival. If he doesn't have any documentation to that end, he should start accruing some. Best of luck!

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  • What are my Chances of winning Asylum?

    I came here on f1 ... i'm currently out of status for some reason , i couldnt afford to pay for my tuition , Secondly my father was my sponsor ,he died due to some political Tragedy ,as first son and only son of my father , i am extremely afraid...

    Amy’s Answer

    • Selected as best answer

    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 from an attorney's ability to craft an application that not only tells your story but also skillfully blends it with and supports it with current asylum law, judicial decisions, and up-to-date country reports and documentation.
    You could also discuss with your attorney whether or not marrying your girlfriend is a good idea in the long term. I never advise clients to marry ONLY for an immigration benefit. Best of luck!

    For assistance in preparing adjustment of status packages, contact Ms. Amy L. Becerra, Esq.; (757) 345-9019; amy@alblawoffice.com.

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  • How do I cancel K1 Visa Petition ?

    The paperwork is already at the mexican consulate, we will be getting married in Mexico soon and I will file spousal sponsorship instead. Do I write a K1 visa petition withdrawal letter to the consulate or to USCIS or both ?

    Amy’s Answer

    I would call the National Visa Center as soon as possible for guidance at the following:

    By E-mail

    The NVC’s e-mail address is NVCINQUIRY@state.gov.

    In order to ensure a prompt response:

    * Enter your NVC Case Number in the Subject Line of the e-mail.
    * Provide the applicant’s name and date of birth and the petitioner’s name and date of birth.
    * If you are an attorney, include the name of the law office requesting the information.
    * If the petition is employment-based, include the company/organization name.
    * Ask about only one case per e-mail.

    24-Hour Information

    An automated recorded message system is available twenty-four hours a day, seven days a week to answer case status inquiries (603-334-0700).

    Note: This service requires the use of a touch-tone telephone.
    Operator Assistance

    Telephone operators are available to respond to more in-depth inquiries.

    Tel: (603-334-0700).

    Hours: Monday through Friday from 7:30 AM to 12:00 AM (Eastern Time)

    Note: This service requires the use of a touch-tone telephone.

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  • How long takes the naturalization process?

    I will be eligible to apply for citizenship in 9 months. I would like to know the average it takes the whole process if everything clears, plus I would like to know what kind of relative I can sponsor to bring to US, and how many at the time. Tha...

    Amy’s Answer

    As of July 31, 2010, the Salt Lake City, UT, USCIS office reports that it is taking approximately 5 months to process the N-400 Application for Naturalization. Once you have been passed your civics and English exams and been approved at your interview, it generally takes anywhere from a few weeks to a month to schedule your oath ceremony. The moment you are a US citizen, you may apply for a US passport, register to vote, and petition for family members. A US citizen may petition for immediate relatives (spouses, children, or parents), unmarried sons or daughters (over 21 years old), married sons or daughters, and brothers or sisters, though each category of visa has a different level of priority and some take much longer than others for a visa number to become available. Immediate relatives have a visa number immediately available to them once the petition has been approved through USCIS/ Department of State through its embassies overseas. Best of luck in your pursuit of US citizenship!
    For assistance in preparing an Application for Naturalization or petitioning for family members of US citizens or lawful permanent residents, please contact Amy L. Becerra, Esq.; (757) 345-9019; amy@alblawoffice.com.

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