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Margaret D. Stock
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Margaret Stock’s Answers

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  • Can i get visa if i apply now again ?

    I was in usa last year and i worked for home depot.. i did some bad things... I took one speaker and i didnt pay for it and also i was drinking Monster on a markdown... After a few weeks my company catch me and called a police... The police office...

    Margaret’s Answer

    Contact an immigration lawyer and explain where and when you were arrested and charged with this crime. The lawyer can obtain your criminal record, and review it with you. After reviewing it, and gathering other facts from you, the lawyer will be able to tell you whether you are eligible to come back to the United States on a visa. A J-1 visa may not be possible because a sponsoring organization may not be willing to sponsor you again, but you might be eligible for a different type of visa.

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  • What is a I-94 ? And what do we do if my wife doesn't have one?

    My wife was brought illegally into the states at age 6. Has been here ever since and gone to school. Now has a form I-766 permit to work and ss card. I am a US born citizen. I'm trying to file a Form I-130 first.

    Margaret’s Answer

    An I-94 is a form number corresponding to a paper or electronic record of a person's admission to the United States. You don't say how your wife arrived, but if she was not admitted at a port of entry, she probably doesn't have an I-94 number. (You state that she was brought "illegally" but that does not tell me the specifics; some persons brought "illegally" have I-94 numbers.) I'm not sure why you are trying to file an I-130 alone, but I recommend that you consult with a qualified lawyer before doing so. The lawyer will be able to analyze your wife's case and determine whether your wife is eligible to adjust status in the United States. Many people who were brought to the United States "illegally" are eligible to adjust status through INA 245(i) or parole in place or some other law or regulation. Filing an I-130 alone may or may not be a good idea, depending on the facts of your wife's case.

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  • Should we continue to try to immigrate through my wife's profession? What steps should we be taking to start this process?

    My wife and I want to immigrate to America. We want to live and work in Homer, AK where our closest friends and two of my sisters are currently living. One of my sisters is living there with a religious visa and the other married an American and c...

    Margaret’s Answer

    As others have said, you are asking for individualized legal advice on this forum, rather than asking a general question. To get accurate information, you should set up a consultation with an attorney. You haven't posted enough information for anyone to give you careful or accurate advice about your possible options. An attorney can best do that in a one-on-one, confidential consultation.

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  • MAVNI and J-1

    I am in my last year of J-1 teacher and I have the possibility of 2 years extension. However, I would like to apply for MAVNI. Given I have no guarantee my MAVNI Application will succeed or I will pass Basic training, and the other stages, is it...

    Margaret’s Answer

    It can take several months to enlist in the US military through the MAVNI program and there are many steps along the way. Once you enlist, you may have to wait up to a year to ship to basic training. Starting the process now has no impact on your DS20 or any J-1 extension request.

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  • How could I check my status I received N-652 last 2 weeks ago.

    They said I passed the test of English and U.S. history and government but the USCIS will sent me a written decision about my application.

    Margaret’s Answer

    The USCIS "My Case Status" system does not give accurate information about Anchorage, Alaska N400 applications. If you really want to ask about your case, make an Infopass appointment and the officer at the counter will tell you what is happening with the case. But as others have said, it's typical for people to wait several months after an interview before they receive a written decision. You will either get a notice to appear at an oath ceremony, or a written notice denying the case or asking for more information. This can take several months. In the meantime, Infopass is your only practical option for checking the status.

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  • I just saw that my status in USCIS web site was changed. It says that my Form I-765 was approved. Is that mean that I can work?

    I am former K1. We married in June

    Margaret’s Answer

    If you seek employment as an employee with a US employer, the employer is required to have you complete USCIS Form I-9 on the first day that you report to work. The employer then has three business days to inspect your document or documents to see if you are authorized to work. You can find the list of required documents for the I-9 form at this link: http://www.uscis.gov/sites/default/files/files/form/i-9.pdf Please note that a printout from the USCIS website is not on the list of documents that you must present for purposes of the I-9 form. So the short answer to your question is: It depends on what kind of "work" you plan to do, and for whom. You can work for yourself. You could probably work as an independent contractor. But if you try to get a job with a US employer who is required to complete Form I-9 on you, you will need the actual Employment Authorization Document (EAD) to present to the employer within three days of hire. Otherwise, the employer may have to terminate you. Please go see a qualified immigration or employment lawyer if you need more information about I-9 requirements.

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  • Hi, Can a MAVNI Army Reserve deny from going to BCT and cancel the contract by will?

    Hi, I am on H1 visa and I joined Army Reserve under MAVNI program. I went to many drills or monthly battle assemblies and got salary for that. What will happen if I deny from going to BCT? Will I be prosecuted and/or how will it impact my H1B visa...

    Margaret’s Answer

    What happens if you refuse to go to BCT depends on the facts and circumstances of your individual case, your reasons for refusing to go to BCT, and whether your commander decides to court-martial you for refusing to go to BCT, or not. You have worded the question in a way that makes it sound like you don't realize that you are a Soldier in the Army and are subject to the Army disciplinary system. You should make an appointment to see a lawyer who is familiar with the MAVNI program, immigration law, and military law, so you can get accurate advice. Your question implies that you might be planning to commit a crime under the Uniform Code of Military Justice ("Failure to report"). Committing a crime could indeed affect your immigration status in the future, so please go talk to a qualified attorney before you do something that could cause you to end up in jail or deported. On the other hand, if your commander releases you from your Reserve duty because your commander determines that you are no longer suitable for military service, you might not face any serious immigration consequences. Cancelling your contract is not your choice, however, it's the Army's choice--you are already in the military, if you have signed an enlistment contract, only the Army can discharge you at this point: You cannot do it unilaterally. The Army does regularly discharge "entry level" Soldiers without court-martialing them--but this depends on the facts of each person's case. Please go seek confidential legal advice from a qualified attorney.

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  • Am supposed to file my petition to remove condition on my green card by the end of this month. What if I don't meet the deadline

    I was recently abuse by my husband and the criminal case is in court. I am suppose to file to remove conditions by August but am now putting together my documentation as am self petitioning. Would there be a problem if I don't meet the deadline ...

    Margaret’s Answer

    There is a deadline in the law for filing a joint I-751 with your spouse, but there's no deadline for filing a waiver of the joint filing requirement. That said, you may want to file your own waiver petition before your card expires so that there is no question about your immigration status. With regard to the work issue, the law is clear that employers are not allowed to re-verify a lawful permanent resident who is a current employee, so you should not lose your current job--but if your card expires and you have no documents that allow you to complete form I-9 with a new employer, you may have difficulty starting work at a new job. The questions you are asking are quite complicated and it may be difficult to sort them out on your own. The Alaska Immigration Justice Project provides assistance to victims of domestic violence who have immigration issues; you may want to make an appointment with them if you cannot afford to seek assistance from a private immigration attorney.

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  • My husband just assaulted me and we were just about to file to remove the conditions on My green card. The case is in court.

    Am I eligible to petition myself even without divorce yet. I need to file by August. Do I still need him to jointly file with me or I could do all alone. Am afraid of him and don't want to put my life in danger.

    Margaret’s Answer

    Yes, you may petition on your own, based on what you've said here. I would recommend that you talk to an experienced attorney to make sure that you file your petition correctly; the law can be confusing and the Anchorage USCIS often makes mistakes in handling these cases (because the law is confusing). If you can't afford a private attorney, the Alaska Immigration Justice Project often assists victims of domestic violence on a "pro bono" (free) basis.

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  • Can I Invite my girlfriend from oversees to US on K1 visa without ever seen her?

    I am drug felon in the past and can't get passport, even if I could it will be difficult to enter the country she's in. Can I invite her and her children (2) on fiancee visa to US since I can't travel. We are 3 months into relationship and in love...

    Margaret’s Answer

    Here's what the immigration regulations state:
    "8 CFR 214.2(k)(2) Requirement that petitioner and K-1 beneficiary have met. The petitioner shall establish to the satisfaction of the director that the petitioner and K-1 beneficiary have met in person within the two years immediately preceding the filing of the petition. As a matter of discretion, the director may exempt the petitioner from this requirement only if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day. In addition to establishing that the required meeting would be a violation of custom or practice, the petitioner must also establish that any and all other aspects of the traditional arrangements have been or will be met in accordance with the custom or practice. Failure to establish that the petitioner and K-1 beneficiary have met within the required period or that compliance with the requirement should be waived shall result in the denial of the petition. Such denial shall be without prejudice to the filing of a new petition once the petitioner and K-1 beneficiary have met in person."

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