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Rachel Game

Rachel Game’s Answers

65 total


  • Husband entered illigaly in '94, now with tps. will he be banned when trying to change status?

    he entered illigally in 1994 from honduras and now has tps. He had one 18 month lap in tps status and about 9 months illigal before getting tps. He has sole custody of two american children, my step children. And has one child with me. He is the o...

    Rachel’s Answer

    • Selected as best answer

    Your husband can apply for a re-entry permit and then file his adjustment of status with an I-601 waiver. You will need an immigration attorney for this process as it is complicated. He may need to get his Honduran passport at the embassy to get his re-entry permit.

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  • My wife got green card thru me( a US citizen). I'm planning to divorce her. Can she file citizen before we divorce? or dont care

    We've been married since 2001 and I filed her green card right after I posses my US citizen on 2004. Since 2002, she lived with her mom and lived to my father. So, we decide d to end it up with divorce. She is willing with no contest for divorce. ...

    Rachel’s Answer

    Since you and your wife were not living together at the time you filed for her residency, I hope that this was disclosed to Immigration Services. Otherwise, it could appear there is some marriage fraud when she goes to file for her citizenship. She should consult an attorney prior to divorcing or filing for her citizenship.

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  • Spousal sexual assault by immigrant to U.S citizen wife

    I've been divorced from my immigrant spouse. When we divorced, he had a conditional green card and joined the military in 2007 but the divorce was final in 2009. When he was on leave, during our marriage in 2008, he sexually assaulted me, choked m...

    Rachel’s Answer

    Sounds like you would benefit from counseling for what you've gone through. As far as helping other women avoid being in a similar circumstance, you can always report the crime to the police. You can let the District Attorney and the Judge decide the best way to protect other women in society.

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  • Do I need a lawyer's assistance to get married to a US citizen?

    I entered the US with a Visa when I was 4 but overstayed and am now 20. I had a valid ID that I acquired with an ITIN but it expired at the beginning of this year. For NC, a valid photo ID or Visa is one of the requirements but I have neither.I do...

    Rachel’s Answer

    An unexpired passport is valid ID and should allow you to apply for your marriage license. Once you are married you may be able to apply for your legal residency from within the United States. You should contact an experienced immigration attorney to get some advise. Congrats on your upcoming marriage.

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  • How to stop sponsoring an immigrant free?

    My daughter was married for 4 years to an immigrant. I helped him get his permanent green card. After him cheating on her for 4 years, they divorced in 2008. He has recently asked her numerous times to sign a letter stating that he married her ...

    Rachel’s Answer

    If your son-in-;aw and daughter were married for less than 2 years when she petitioned for him, he has a conditional residency. If he did not file the I-751 to remove the conditions two years after getting his conditional green card he may be at risk of loosing his residency. US Citizenship and Immigration Services can accept late filings, but he would have to have a reason. If his I-751 is not approved he will loose his residency. He may have to file this in front of the Immigration Judge. From what you are writing it seems unlikely he has filed an application for his citizenship. As for the sponsoring per the I-864 affidavit of support, divorce does not end her or your responsibility.

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  • How to stop sponsoring an immigrant free?

    My daughter was married for 4 years to an immigrant. I helped him get his permanent green card. After him cheating on her for 4 years, they divorced in 2008. He has recently asked her numerous times to sign a letter stating that he married her ...

    Rachel’s Answer

    If your son-in-;aw and daughter were married for less than 2 years when she petitioned for him, he has a conditional residency. If he did not file the I-751 to remove the conditions two years after getting his conditional green card he may be at risk of loosing his residency. US Citizenship and Immigration Services can accept late filings, but he would have to have a reason. If his I-751 is not approved he will loose his residency. He may have to file this in front of the Immigration Judge. From what you are writing it seems unlikely he has filed an application for his citizenship. As for the sponsoring per the I-864 affidavit of support, divorce does not end her or your responsibility.

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  • Do i qualify for 245i granfathered?

    My citizen step father married and petitioned for my illegal mother around 1993-94 she became a resident and years later a citizen because, she brought me to the us basically through the dessert when i was 4. I have never left the country. I was...

    Rachel’s Answer

    Unfortunately you are not grandfathered because your step-father was a US citizen, making your mother an immediate relative. There are no derivatives for immediate relative petitions, so you cannot use your mother's I-130 for your grandfathering. Sorry about that.

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  • How to find out if a Material Witness has an immigration hold.

    How to find out if a Material Witness has an immigration hold. My common law husband is being detained as a material witness and was given a bond. I'm scared to pay it because I was told that because he is here illegally in the country he will be ...

    Rachel’s Answer

    Your husband should have been provided with a criminal defense attorney to represent his interests in the criminal case. You can speak with that attorney and he can help you find out if ICE is interested in your husband. In some cases your husband can be paroled into the U.S. while the criminal case proceeds for which the government wants to use him as a witness. Many times you must pay a bond for the release.

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  • Naturalization

    My resident alien card says TEMP RES ADJ DATE 100587 so in 1992 or 93 i could of become a usa citizen

    Rachel’s Answer

    A temporary resident under the Special Agricultural Workers Legalization became a permanent resident on 12/01/1990. You have to count forward 5 years from the time you became a permanent resident, not a temporary resident. You should check with an immigration attorney before filing a Naturalization application, to make sure you are in fact a permanent resident. Not everyone who got temporary residency in the 80's amnesty got their green cards.

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  • I came into the country on a B1/B2 Visa

    I came into the country on a B1/B2 Visa, my had an accident and we got married we are completing the I -485, I-130 and I-765 form but not sure of question 16 on the I-765 form. Is (C) (9) the correct answer seeing I don't have a work permit and on...

    Rachel’s Answer

    the category is C9 for the employment authorization document.

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