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Emily Chrissy Kendall

Emily Chrissy Kendall’s Answers

32 total


  • Advanced Parole for H1B with No stamping.

    Emily Chrissy’s Answer

    From the facts your provided, there should not be an issue with the consulate just because of your change of status. Make sure you have all of your change of status approval notices when you go for your stamping.

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  • I need immigration lawyer

    Emily Chrissy’s Answer

    If you can get married in a third country then you can sponsor her for a green card

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  • USCIS transferred my case (I-485) to my local USCIS Office for further processing

    Emily Chrissy’s Answer

    That is correct; remember it takes a long time for most applications to be approved so don't worry if your applications are pending for a while.

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  • Can I marry a guy after filing political asylum (based on sexual orientation)?

    Emily Chrissy’s Answer

    You can marry whomever you want, though due to your asylum application being filed on account of sexual orientation, USCIS would likely take the position that your application was a frivolous filing which could have serious consequences. It would be a good idea for you to speak to an attorney.

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  • Is my husband allowed to stay in the US while we wait for his approval for the I-130?

    Emily Chrissy’s Answer

    A little bit more information is needed. Are you a U.S. citizen or a green card holder?

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  • VAWA

    Emily Chrissy’s Answer

    It can take a very, very long time for any application to be approved. You can try making an InfoPass appointment at your local USCIS office to speak to an officer in person about the delay.

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  • Can a person who is immidieate realtive of green card holder apply for waiver?

    Emily Chrissy’s Answer

    Please be more specific in your question. What is the waiver needed for? To waive the unauthorized status in the U.S. or a criminal record, etc.

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  • I got RFE on H1B Extension which is Expiring on 12/02/2013 . Can I continue to work till RFE is answered and a reply received?

    Emily Chrissy’s Answer

    Yes, you can continue to work while your H extension is pending. If USCIS ultimately denies the petition, then you will need to cease working.

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  • Immigration process for green card holder and Pakistani spouse.

    Emily Chrissy’s Answer

    To come to the U.S. with an immigrant visa, it will likely take 1 to 3 years because of the priority dates. However, she may be able to come to the U.S. sooner by applying for a K-3 visa. To do that, you need the I-130 receipt notice and other documents (if you want to try this, you should consult an immigration attorney).

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  • H1B petition filed before joining my current company

    Emily Chrissy’s Answer

    Mr. Shusterman is correct; also, do you have independent work authorization (such as OPT/EAD) to be working with your current employer? Do you have status in the U.S.? You should probably contact an immigration attorney to make sure everything is in order.

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