Dori L. Zavala's Answers

If i apply for and receive food stamps beings a green card holder will it affect me becoming a us citizen and filing for my mom

The short answer is no, applying for and receiving food stamps will not affect you becoming a US citizen and/or filing for your mother. You will have to file an affidavit of support when you sponsor your mother showing that you earn sufficient income to support her. If you do not earn sufficient income at that time, you can find a qualifying co-sponsor.

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Can I file I-485 with the EOIR if the person has a removal case or should I still file the I-485 with the USCIS?

Once an individual is in removal proceedings, the Immigration Judge maintains jurisdiction over the adjustment of status case. This means that the I-485 will need to be filed directly with EOIR. The judge will generally review prima facie eligibility for adjustment of status and then set deadlines for filing the I-485 with supporting documents with the court.

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Winner of DV lottery 2010, while she is on deportion.........!!! any chance to win?

It is vital that you consult with an experienced immigration attorney as quickly as possible. As you are probably aware, winners of the lottery only have a certain time period during which they must apply and be granted their green card, otherwise they will lose eligibility. Because your sister in in deportation proceedings, her case is much more complicated than that of the standard lottery applicant. If she entered the US illegally, she will not be eligible for adjustment of status under...

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How long after green card interview do you receive a written decision? its been a month for me. No updates at all.

Citizenship & Immigration Services is notoriously slow and they often don't comply with the time deadlines they give you at the interview. If you are growing concerned, you can see if your local office will allow you to schedule an Infopass appointment (scheduled online thru www.uscis.gov) to check on the status.

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I am a US citizen. Will foreclosure and/or bankruptcy affect me petitioning for my alien relatives to live in the USA (I-130)?

No, the foreclosure and/or bankruptcy will not affect your ability to file an I-130 for your mother and sister in Russia. While you will have to sponsor them with an affidavit of support in which you will have to show your ability to support them financially, the bankruptcy or foreclosure should not be considered. If you are unable to meet the qualifying guidelines at the time of sponsorship because you don't have sufficient qualifying income, you can seek a co-sponsor to file an affidavit...

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Implications of staying past day 90 on an I-94 if married to a US citizen?

You are right to be concerned about overstaying your visa if you intend to travel to the U.S. in the future as a visitor. If you follow the original plan and file for adjustment of status through your wife, you will be required to stay in the U.S. while the application is pending until you are granted permission to travel. If you leave while the petition is pending without getting prior authorization, your adjustment application will be denied as abandoned. Assuming you file for adjustment...

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If the husband sponsor stops loving his intending immigrant wife, as a result ,refuses to sign the AOS , can she use her 40 Q ?

I'm not really sure exactly what you are asking here. The 40 quarters relates to financial sponsorship under an Affidavit of Support. If you are asking if the wife can file an I-864 Affidavit of Support on her own behalf without her husband's sponsorship, the answer is no. She needs her husband's sponsorship on the AOS petition (which you've said he's refused to sign) and as the primary sponsor he also needs to complete an I-864 Affidavit of Support. I would suggest that the wife schedule a...

Any person abroad living other country can become a joint sponsor to do one affidavit of support or no allowed?

A joint sponsor for purposes of completion of an "Affidavit of Support" for immigration purposes must be either a US citizen or Lawful Permanent Resident of the US. So long as a joint sponsor meets this requirement, it shouldn't matter if they are physically residing outside of the US.

My child's father is a legal immigrant on work visa(H1B) but he is married in his country. What is his responsibilities

Your child's father can remain in the US as long as he extends his H-1B visa (or finds another status in which to remain in the country legally). Your US citizen child will not allow him to stay in the US for now as the child cannot petition for his father until he or she is 21 years of age. You can apply for child support and it should be enforced as long as he remains in the jurisdiction of the US.

DO I have to file all the documents at the same time??

Assuming you are eligible to file an adjustment of status application, you can theoretically file the I-130 application first. This does not, however, grant you any type of status and will not start the process for your employment authorization card. Because there is no real benefit to filing the I-130 first without the entire adjustment of status packet, it might be best to wait to file the entire packet together. If you do decide to file the I-130 first, you will want to send in the...