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Michael Alexander McVicker

Michael McVicker’s Answers

3,661 total


  • Can my wife petition for me (I 130)while I am in the states with a visitor visa and apply for a K3 visa?

    Michael’s Answer

    • Selected as best answer

    Based on the information you have provided, you do not need to leave the U.S. Rather, your U.S. citizen spouse would file an I-130 Immigrant Petition on your behalf with the USCIS and you would jointly file, together with her I-130 Petition, your I-485 Application for Adjustment of Status to U.S. Permanent Residency. There are also a number of other immigration forms that need to be submitted at the same time, together with supporting documents, as part of one application package. An experienced immigration lawyer can provide you with guidance in a consultation in person, by phone, or on Skype, on what immigration forms and supporting documents need to be filed with the U.S. Citizenship and Immigration Services.

  • How many months should I wait to re enter USA?

    Michael’s Answer

    Staying outside of the U.S. for three months, after having been in the U.S. for only two weeks in April, should be more than enough time spent outside of the U.S. for you to be permitted by U.S. Customs and Border Protection to re-enter the U.S. as a tourist.

  • Urgent: H1B Visa stamping - Health problems

    Michael’s Answer

    Based on the information that you have provided, you should be able to re-enter the U.S. prior to the expiration date of your current visa, using that visa together with the USCIS Approval Notice for your current H-1B employer and your most recent pay statement for that employer.

  • J-1 visa expires and my boyfriend (US citizen) and I want to get married. Can I marry in my travel month?

    Michael’s Answer

    You can marry your U.S. citizen boyfriend while you are in the 30-day grace period for your J-1 status and, as long as your J-1 visa is not subject to Section 212(e) of the Immigration and Nationality Act (also known as the 2-year home residency requirement, that would require you to return to your country of citizenship and spend two years there before being eligible for U.S. Permanent Residency), you and your U.S. citizen husband can file the required immigration forms with the USCIS, in order to you to apply to adjust your status to U.S. Permanent Residency. In fact, as long as you are not subject to Section 212(e) of the Immigration and Nationality Act, you could even do this after the expiration of your 30-day grace period. Please schedule a consultation with an experienced immigration lawyer for additional information and assistance.

  • Can I obtain a green card by being a legal guardian to my US citizen brother?

    Michael’s Answer

    You cannot obtain U.S. Permanent Residency based on being the legal guardian of your 12-year-old brother, who is a U.S. citizen. If you schedule a consultation with an immigration lawyer, he or she can review your level and type of education and professional experience and advise you as to whether you may have any other potential immigration options.

  • Is it possible for overstayed non-immigrant family to apply for change of status together having decided to live in USA?

    Michael’s Answer

    Based on the information you have provided, you and your family members are not eligible to apply for a change of status to U.S. Permanent Residency.

  • Can I file immediately (i.e. after a week) my AOS after coming from mexico on tour?

    Michael’s Answer

    You should not file your I-130 Immigrant Petition and I-485 Application for Adjustment of Status one week after entering the U.S. on a tourist visa. Doing so will create a rebuttable presumption of immigration fraud. For any additional information on this matter, you are advised to schedule a private consultation with an experienced immigration lawyer.

  • Can an immigrant extend her tourist visa if she is in the process of applying for a fiancé visa?

    Michael’s Answer

    She is not eligible to extend her B-2 (Tourist) status if she intends to marry you and you are a U.S. citizen who will be sponsoring her for U.S. Permanent Residency. The B-2 nonimmigrant visa classification is for temporary visitors, not for persons who intend to become U.S. Permanent Residents. Regarding your current employment situation, it would be best for you to meet with an immigration lawyer in a private consultation to discuss your options. You may need to find a co-sponsor to satisfy the I-864 Affidavit of Support requirement.

  • If you overstay waiver program by 2 weeks 7 years ago and now in the middle of k1 visa to marry your partner how will this work

    Michael’s Answer

    A two-week period of overstaying your period of admission in the United States, seven years ago, will not make you inadmissible to the United States. Based on the information you have provided, you are eligible for a K-1 visa.

  • N400 processing time.

    Michael’s Answer

    You can expect to be scheduled for your N-400 Interview at the USCIS Washington District Office, in Fairfax, Virginia, approximately six months after you filed your application.