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Rachel S Ullman

Rachel Ullman’s Answers

11 total

  • Second interview what is it about?

    Rachel’s Answer

    Do not take your daughter, but do take her birth certificate. The determination has already been made as to the good faith nature of your marriage. That is why your Form I-130 was approved.
    Once you became a citizen, a visas became available for your husband. So, the new interview is going to focus on Form I-485 to determine if your husband is admissible to the United States.
    With the appointment notice Baltimore also sends out a list of the documents that they want you to bring with you to the interview. So review that, and bring the additional documents that they are now requesting.

  • Why will IJ deny EOIR 42B without hearing anything from me or my witnesses, cos new biometrics done a day b4 trial.ARCHIVED

    Rachel’s Answer

    Have your attorney appeal the IJ's decision. It is very likely that whatever went wrong did not actually constitute abandonment under 8 CFR section1003.47.

  • I was given Probation Before Judgment and I need on help on answering questions on the US citizenship application.ARCHIVED

    Rachel’s Answer

    You need to answer the questions truthfully. For example, if you are asked whether you have ever been in jail, and you have actually spent time in jail, the truthful answer would be yes. You are expected to explain your answers. Before filing the application, you will want to find out whether the conviction might cause you any immigration problems.

  • A green hold naturalization is pending and can the spouse that out of status be filedARCHIVED

    Rachel’s Answer

    Okay. I think what you want to know is whether you can file for a green card for your spouse while your naturalization application is pending.
    Generally speaking someone with an out of status spouse in the United States would wait to naturalize before starting the process of applying to have their spouse get a green card in the United States.
    Even after you naturalize, in order to get the green card for your spouse, you will need to show that your spouse either came into the United States with a visa or legally without a visa (even though he or she is now out of status) or that he or she entered without inspection but qualifies under section 245(i). So, be safe and wait until you naturalize. Then I suggest that you contact an attorney to help with your spouse's situation. If that is not possible, at least review the required documentation at the USCIS website.

  • Can I petition my mother if she has a temporary residence from a marriage but getting divorced?ARCHIVED

    Rachel’s Answer

    I'm going to assume that your mom is a conditional permanent resident. Your mom can request a waiver to have the conditions removed from her residency, but, if she filed for the waiver prior to he divorce, she will have to produce the divorce papers in order to qualify for the waiver. You can petition for her as long as you are at least 21 years old. Yes, there is always some chance that she will be deported. Assuming she entered into her marriage in good faith (she loved her husband and intended to spend her life with him at the time of their marriage), the chance of her being deported is pretty slim.

  • How long can you re-apply for n-400 after getting denied once?

    Rachel’s Answer

    If you were denied based on a lack of good moral character, you will need to wait 5 years from the incident that caused the examiner to find you lacking in good moral character. Unless you are married and living with your United States citizen spouse. Then you will only have to wait 3 years. Generally the USCIS will indicate in the denial how long you have to wait to reapply if the denial was based on a good moral character issue.

    If, on the other hand, you were denied because you couldn't come up with required documentation, then once you get the documents you can apply again.

    If you were denied because you were out of United States for too many days, then you can reapply after you have sufficient time in the United States. Generally, you need to be in the United States more than half of the past 5 years, or if married to a US citizen, more than half of the past 3 years.

    If you were denied because of a disqualifying conviction, you should make sure to get legal advice before applying again.

  • I'm here illegal, have kids recently married to a citizen .do I still have to leave the country in order toget the green card?ARCHIVED

    Rachel’s Answer

    See if you can find any document that you were given that has a number following the capital letter "A". With this number, you can call an automated system at 1-800-898-7180. Type that number when prompted to. You can then find out whether you were ordered deported or whether you have an immigration hearing scheduled for the future. Don't despair. Even if you were ordered deported, it may still be possible to get your deportation proceedings reopened. This is all a little complicated, and you will need an immigration attorney to guide you through the process. But if you can get your deportation proceedings reopened, it may be possible for you to get a provisional waiver and then go briefly home to El Salvador to pick up an immigrant visa. I am assuming that you originally entered the country without inspection. If you came in with a visa, then when you get the case reopened, you can ask the immigration judge to grant you a green card.

  • Is this a deal breaker in my Citizenship Naturalization case ?ARCHIVED

    Rachel’s Answer

    • Selected as best answer

    I am a local attorney and have experience with naturalization interviews at the Baltimore District Office.
    In my opinion you may have trouble naturalizing this time around. I think you will be able to explain at the interview what happened at the store when you stole the greeting cards. However, it is hard to say whether given the theft, the Baltimore District Office will find that during the past 5 years you have been a person of good moral character. I'm not saying that you have no chance. They may be forgiving, given that you were just a teenager and the offense was not particularly bad. But, theft is generally considered a crime involving moral turpitude, and just because they chose not to prosecute you for it does not mean that you didn't do anything that might be considered morally wrong. The most important thing that you can do for yourself now is to make sure that at the interview you are absolutely honest with them. That way, if you are not approved for naturalization, you will still be eligible to reapply 5 years after the date of the theft.
    Good luck. I personally think that you might want to retain counsel to make sure that all goes as well as possible.

  • Filing for citizenship & don't know how to answer "Have you ever committed a crime or offense for which you were not arrested?ARCHIVED

    Rachel’s Answer

    My answer assumes that this is your only offense.

    I understand that this is a confusing question. The basic idea with the naturalization process is that you have to tell the truth.

    The answer to your question depends on whether you were arrested. If you were arrested for the shoplifting offense, then answer "no." If you were not arrested for the shoplifting offense, you answer "yes."

  • I 94 lost and. Grwwn card interview is scheduled in 4 days. What now?ARCHIVED

    Rachel’s Answer

    Bring your passport with the photocopy. You should be okay. If there is a problem you can file for a replacement I-94 card with Form I-102.