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Robert L. Smith

Robert Smith’s Answers

148 total


  • How long does it take for USCIS to process green card application based on asylum? Is it 4 months ?

    Robert’s Answer

    Current processing times is more like 8 months

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  • How can I inform USCIS about change of marital status?

    Robert’s Answer

    Unfortunately, once your brother married his Preference Category does change. He will no longer be current, so he will not be able to come to the U.S. ahead of his wife. You may wish to explore other options on his behalf. Perhaps he might qualify for a non-immigrant visa in the meantime?

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  • How long to get the green card?

    Robert’s Answer

    Hello,

    You may travel with the I-551 stamp in your passport. Will you be able to return before the expiration? As previous attorney mentioned, it can take a few months before receiving the Green Card in the mail. Did you pay the fee at the Consulate or once you entered the U.S.?

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  • My spouse out of country. Can I reschedule N400 interview for them?

    Robert’s Answer

    Yes, you may send in a written request asking for a reschedule of the interview appointment. In fact, that is the only way you should do it. However, the bigger question is will your spouse be eligible for Naturalization after such a prolonged stay outside the U.S.? How are they going to meet the physical presence requirement?

    Must have resided continuously within the U.S. from the date the application filed up to the time of admission to citizenship
    and
    Must be physically present in the U.S. for at least one-half of the 5 years (or one-half of 3 years if the applicant is the spouse of a USC).

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  • My husband recently filed an F2A I-130 green card application for me. Can I apply for a B2 tourist visa now?

    Robert’s Answer

    Hello,
    Applying for a tourist visa would not negatively impact your I-130 filing. But the chances of being granted a visitor visa are pretty slim, especially in light of the fact that you have already been turned down previously. It is unfortunate, because you may have a legitimate intention of just coming to visit while you are waiting for your priority date to become current.

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  • H1B Extension: Fulltime but was out of status for 3 months before joining the current firm

    Robert’s Answer

    What was the validity date of your previous H-1B and I-94 prior to joining 2nd employer? If new employment,extension of stay was granted during previous application, why is there a concern now?

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  • Question about sending more evidences for I-751?

    Robert’s Answer

    Hello,

    You will want to order the necessary forms to have on hand. It is highly unlikely USCIS would deny your petition solely based on incomplete tax returns. As long has you have provided other evidence to prove the bon fides of the relationship, it is likely USCIS will either issue an RFE requesting the signed forms, or if an interview is scheduled, they will request them at that time. Please note the new I-751 processing time is over 18 months, so there will be another tax filing before your case is adjudicated.

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  • Can a previous short marriage on a tourist visa affect the chances of sponsoring my girlfriend to become a legal resident ?

    Robert’s Answer

    Yes, the previous marriage must be disclosed, and the final divorce decree must be provided to USCIS when you file.

    Good luck to you both!

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  • What is the filing order of the I-212 waiver, I-601A waiver, and the I-485?

    Robert’s Answer

    With a case as complex as yours, you definitely need to consult an immigration attorney. Waiver filing is very complex and requires a great deal of documentation. Also, beyond that, you would not be filing the I-485, and certainly not outside the U.S. Please schedule a consultation appointment with an experienced immigration attorney in your area.

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  • Can I get employment using the Form I-797 with my expired green card?

    Robert’s Answer

    • Selected as best answer

    You are indeed employment authorized. Your Conditional Green Card and I-751 receipt notice should be sufficient. The only other option is to make an infopass appointment at the local USCIS office and request an I-551 stamp in your passport.

    Good luck to you.

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