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Rachel Game

Rachel Game’s Answers

65 total


  • I would like to know if my family could benefit from prosecutorial discretion

    When we arrived in 98 with our sons (9, 10, 13 y.o.) we filed for asylum as advised by an attorney. The asylum was denied and a bond was ordered to be paid before voluntary departure. We tried to pay it on Feb 9, but were informed we were late ...

    Rachel’s Answer

    I'm not sure prosecutorial discretion will help your family since it sounds like you already have an order of removal. You could try to file for a stay of removal based on humanitarian factors. You ought to see an immigration attorney, so she can assist you in filing the stay and see if you might be able to qualify for some other relief from removal.

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  • What should I do next? Can I renew my work permit?

    I had filed a petition to get my residency based on marriage. My husband (cuban) and I filed i-485 and i-130 last year and finally got a 2nd interview last week. We went alone, no attorney, no interpreter and we got separated and asked questions. ...

    Rachel’s Answer

    I agree with my colleague, you ought to find an attorney. You should make sure the Immigration Services has your current address so that if you are put into removal proceedings you are able to defend yourselves. You can always file a new I-485 in Court.

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  • Green Card Replacement with 1st name, middle initial, and two last names!?

    I recently went back from my married last name to my maiden last name. I was requested proof of evidence by USCIS. I sent them my Birth Certificate with its legal translation since I was born in Colombia. Also I wrote them a letter stating how my ...

    Rachel’s Answer

    It is unclear from you post if your new green card has both your maiden and married name or paternal and maternal names. Please provide more information. Also is there a divorce decree stating what your name is after divorce?

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  • Can I fly within the U.S. with my passport and temporary vistors id from nys?

    The ID isn't expired but the visitors date is? I have since received a renewed EAD card that expires in 2014 and the NYS ID itself expires 2015 and I also have a valid SS card authorized to work by DHS. I have a foreign passport that was renewed a...

    Rachel’s Answer

    I think it is safe for you to fly, since you have a valid passport and you have a current EAD while your adjustment of status application is pending. Be sure to keep USCIS updated with your current address and keep track of the visa bulletin so you know when there is a visa available. Also, don't leave the country!

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  • How long do I wait now that I have responded..

    My question is about I130 petition that was sent back to the US for review for possible revocation. I have responded to the NOIR that I receved from them and I was wondering "What's the longest length of time it takes for them to let you no if you...

    Rachel’s Answer

    Usually if you do not have an answer in 120 days you can make an INFOPASS appointment on the USCIS website and go into your local immigration service office to inquire about the status of the petition. The length of time for review usually depends on the reason for review.

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  • How long is the wait for a US visa?

    I filed a petition to adjust my status and I was called in for an interview February 2010. I was told by the interviewing USIC officer that my family petition, C-9, has been approved but there are no visas at this time. I was also given a letter s...

    Rachel’s Answer

    • Selected as best answer

    Your priority date (normally the date your I-130 was filed) probably retrogressed after USCIS accepted the I-485 application. The C-9 is the category for your Employment Authorization card. You need to also find out what Visa Preference Category you fall into. For example, the spouse or child of a Legal permanent resident is an F-2B category, while a sibling of a US citizen is F4. You can check the visa bulletin here: http://travel.state.gov/visa/bulletin/bulletin_1360.html. Meanwhile, as long as you filed your I-485 when the priority date was current you are entitled to renew your Employment Authorization document yearly until a visa once again becomes available. Be sure to check the visa bulletin every month.

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  • Can an individual make a report in Houston, utilizing the Delegation of Immigration Authority 287 g and have an illegal deported

    he refuses to work and refuses to participate with the family and will not go home. Soon, he will have overstayed his conditional green card.

    Rachel’s Answer

    If this is your spouse, you probably signed an Affidavit of Support agreeing to support your husband financially. Divorce won't release you of this obligation. Even if you do not join him on the I-751 application to remove the conditions on his residency he may become a permanent resident and issued a 10 year card without your cooperation. (although it is more difficult filing alone). I also don't see how 287(g) is going to help you with your marital problem, as it empowers local law enforcement to act as immigration agents not members of the community.

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  • Asylum and immigration

    My wife won is appeal her case was sustained and the immigration judge rules was vacated after one week the immigration judge close the case what that means for her I need help

    Rachel’s Answer

    The answer would depend on whether the BIA granted the relief or remanded to the Immigration Court. You should take the BIA appeal decision to an immigration attorney for advise.

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  • Mom entered as an illegal alien, i have always been a us citizen....can i apply for her without her being punished

    mom been in u.s. for 10+ years but illegal ( no ssn etc) she has used her real name for bank accounts, welfare, etc..... can i make her a citizen?

    Rachel’s Answer

    Since your mom entered as an undocumented immigrant and not with a visa, she is generally not eligible to to apply for her legal residency from within the United States based on you filing an I-130 petition for her. However, there are some circumstances your mom may be able to pay a $1000 file and apply of her green card from the United States if she is grandfathered under 245(i). To qualify for 245(i) your mom would have to be the beneficiary or derivative beneficiary of a petition filed for her in the past, (before April 30, 2001 if physically present in the U.S. on Dec. 21, 2000 or January 15, 1998 if not here on 12/21/2000). Even if your mom has a prior filed petition she may still be inadmissible based on immigration violations or criminal convictions. She should consult with an attorney before filing any application with Citizenship and Immigration Services.

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  • Getting green card threw marriage

    My fiance is a us citizen by birth. If i enter the country on a visitors visa and get marry would i be able to file for green card and work permit? and if so, how long does it usually takes before a work permit is granted. We also have a 3 year...

    Rachel’s Answer

    • Selected as best answer

    Beware of entering on a visitor's visa when you have the intention to marry and stay in the United States. Your application for legal residency could be denied based on misrepresenting your intentions upon entry. Your fiancee should file an I-129 Fiancee petition on your behalf. If you enter as a fiancee you will need to marry within 90 days of your arrival. Your son may be eligible for U.S. citizenship because he is the biological son of a U.S. citizen. If he qualifies you and your fiancee can file a consular report of birth abroad and a U.S. passport at the U.S. embassy. Feel free to contact me if you would like a consultation and a quote.

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