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Rachel Game

Rachel Game’s Answers

65 total


  • How big are the chances for winning a U visa case if when the law enforcement certifies a victim.

    i googled that i need yo suffer extremely hardship after being a victim of this crime.what kind of proof the judge needs for that.i will obtain a u visa certification from a prosecutor .what else is needed?thanks

    Rachel’s Answer

    • Selected as best answer

    I agree wholeheartedly with my colleagues. You ought to schedule a consultation with an experienced immigration attorney who can review the facts of your particular case. From my experience, you must show that you suffered emotional or physical abuse as a result of being a victim of one of the enumerated crimes. Your attorney may refer you to a social worker or psychologist for a mental health evaluation to substantiate a claim of emotional harm. Best of luck.

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  • Marriage fraud

    think my previous question was not asked correctly. My conditional greencard status has been removed over a year ago. I was marride to a U.S citizen about a year after the conditional status was removed we got divorced. I was marride once before t...

    Rachel’s Answer

    Make sure USCIS has your most recent address by filing an AR-11, you can do this on-line. That way if immigration wants to contact you about the alleged fraud they have your address. I think that immigration gets a lot of revenge reportings, and may not take it too seriously if you and your ex-wife had provided a lot of proof of bona-fide marriage when you removed your conditions.

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  • Can I become a resident through marriage even if I have a DUI on my record ?

    I am 23 years old . I came to the US in 2001 on a tourist visa from uruguay. Visa expired long time ago now I'm an illegal. Me and my girlfriend want to get married and apply for my papers. but I just recently got a DUI. I know immigration finger...

    Rachel’s Answer

    Your DUII conviction will not make you inadmissible. Just be sure your girlfriend is a US citizen before you file the adjustment of status applications. also, be sure to have a certified copy of your entire DUII court and police records to bring with you to the interview. congrats on the marriage and good luck.

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  • Thank You very much!!!

    Dear Mr/Mrs Attorneys I'm not here to ask questions,just reviewing lots question and answers,would like to thank You for taking time and helping to the people with Your wisely answers Wish You all the best!

    Rachel’s Answer

    Your very welcome! I'm glad to help in my spare time.

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  • When my wife came here, she came on a Visa Waiver Program. While she was here we just got married. Was this illegal??

    One attorney mentioned she can be banned from the US ,and mentioned the waiver. So i need to know was this bad for us to be married on a spur of the moment like that?

    Rachel’s Answer

    I agree with my colleague, this case will come down to your wife's intention when she entered on a visa waiver. She should not have had the intention to immigrate. If you are a US citizen she can be out of status and still have her I-485 application for adjustment of status to a legal resident. However, if she entered on the visa waiver program her options are limited if her application is denied. As you have little margin for error, you may want to consult an immigration attorney before filing.

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  • I30 Petition Withdrawn now need to resubmit with 485 under 245i

    My husband was detained by ICE, for a traffic violation. He is out on bond and we are applying for cancellation of removal and attempting to adjust his status. In March of 1999, I filed an i30 (Petition for Alien Relative) but withdrew the petitio...

    Rachel’s Answer

    USCIS does not have jurisdiction to decide on the I-485 application, that will have to be filed with the Immigration Court. (although it does have to be submitted to USCIS who takes the fees and will print the "green card" if the Immigration Judge decides to grant the application). However, before the Immigration Judge can accept the I-485 you must have an approved I-130 petition. You will have to file that with USCIS as soon as possible. The I-130 filed in 1999 should also work to grandfather your husband for 245(i). Good luck.

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  • I have been out of d country since 2007 and came back for holiday in 2011 and was arrested and giving a court date I will miss

    Because I have since travel back outside of d country. Can I tell d court to give enough time to come back and attend d court?

    Rachel’s Answer

    You should provide more details like your immigration status when you left in 2007 and who arrested you upon your return in 2011. If you were a legal permanent resident and you left the USA for more than 6 months, you may have been paroled into the country and then issued a notice to appear in Immigration Court. please provide a few more details.

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  • Applied for I-130 for a parent whose I-94 already expired...what could happen? Should he leave or should he stay?

    I have a similar question as one posted just a few minutes earlier. My brother in law already filed his I-130 and I-485 concurrently for his father. His father was given a six months stay which expired on February 23, 2012. He applied for h...

    Rachel’s Answer

    Once the I-485 is filed the applicant does not continue to accrue unlawful presence. So even if his I-485 is denied, he would still have about 3 months until he started to accrue unlawful presence. I would not be worried at this point.

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  • Death of petitioner

    I was just waiting for an interview due to a setback in January 2011, but my father (my sponsor) died a few days after the case is completed on CNV., All documents and fees were paid and sent to the NSC in December 2010 in this case as having been...

    Rachel’s Answer

    You can try to get the I-130 petition reinstated for humanitarian grounds. You should consult an attorney who can help you prepare the application.

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  • Should my mother leave or stay in the U.S while I'm petitioning her? She has a valid tourist visa.

    I am ready to file a I-130 for my 84 year old mother; I am a U.S citizen and she is from South America. She has a 5 year tourist visa and was given a 6 month stay when she arrived which will expire in about 5 months. Questions: Can I file her ...

    Rachel’s Answer

    As long as your mother did not have the intention to immigrate when she entered on the tourist visa you could file an adjustment of status application I-485 for her while she is in the United States. Once the application is filed, she will be in a period of authorized stay that won't count against her. If she wants to travel while her I-485 is pending she should also apply for the re-entry permit. If she leaves the U.S. before having the permit, USCIS may determine she abandoned her application. Your mom should be careful about filing her I-485 if she has prior immigration violations, such as over staying prior visas, or prior denials of visas or admissions. If you have doubts you should consult an immigration attorney.

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