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Joshua Daley Paulin
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Joshua Paulin’s Answers

44 total


  • Would this be a problem if I didn't file on time after 2 years 9 months of being a permanent resident

    I have a married based green card and is almost time for me to apply for citizenship but due to financial reasons I can't, if I don't file as per 2 years 9 months on marriage based citizenship but my green card is valid till 2021. Would this be a ...

    Joshua’s Answer

    You can stay a permanent resident as long as you like; it is entirely your choice. That said, citizenship is worth looking into, if for no other reason than being able to reside outside the US for lengthy periods.

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  • Can I resurrect my Green Card or is there a option for me to move back to USA without having to redo the entire process of H1B?

    I have been to USA and had gotten my Green Card My Kids (twins) are US citizen As a family we decided to get the kids educated in India. (I am an Indian Citizen) We moved to India in 2011. My GC expired in 2013. I have filed US tax during the...

    Joshua’s Answer

    If you've been out that long, your green card would be considered to have been abandoned. One of your children can file for residence for you once they've turned 21; in the interim you can go with the H-1B again.

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  • I came to the us on a f1 visa to study at a non existent college then I got a job as a manager at a brewery and worked there

    for 10 years can I get eb-3 green card now if my boss does perm and I do i601 waiver?

    Joshua’s Answer

    You'd need a qualifying relative to be able to apply for that waiver, so unless you do, you won't be able to do that.

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  • I am a green card holder can i file for my husband?

    i am a green card holder and i will file for citizen next year if i file for my husband as spouse for green card holder will it be changed automaticly to spouse of citizen after i will have the citizen and takes less time for him to come here or i...

    Joshua’s Answer

    It can also be helpful to notify the office where the I-130 was filed when you naturalize.

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  • Can i get a copy of my husbands file from immigration

    his file was rejected. where do i go or who do i talk to

    Joshua’s Answer

    Some information should be available through the Freedom of Information Act.

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  • I130 approved, I485 denied , here in US , married with kids... what next

    I just got my I-130 approved but I-485 denied , but is not here with visa... what is next? Married with kids

    Joshua’s Answer

    I'm assuming that you're not here with a visa? If so, you won't be eligible to adjust status (which is what you filed for with form I-485) -- you'd have to leave the country and have your spouse (I assume that your spouse filed for you; your question is not quite clear) file paperwork so that you could "consular process." This could cause problems for you, especially if you've been here without a visa for more than 180 days, as your departure would trigger a 3 year bar (ten year bar if you've been here more than a year out of/without status). You should speak to an immigration lawyer and have him/her review your situation, as there's a lot more one would need to know to advise you well.

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  • Changing status

    Myself and my siste r are here on tourist visa from India, my older US Citizen brother had filled a I-130 petition of our behalf in 2002, curretly USCIS is processing petition filled on Feb25 2001. Can we stay /wait here in the states instead o...

    Joshua’s Answer

    Actually, as of February 2009 they're working on petitions filed January 15, 1998 so you have a long wait (See the link to current visa bulletin). More importantly, as you're here on a tourist visa, you can't wait here for the years it would take before your priority date becomes current, unless you have access to an H or L visa. If you overstay your visa, you won't be able to adjust your status here, and if you overstay and leave the US when your priority date is current, you'll likely have a bar to reentry. Bottom line: don't overstay.

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  • Havent file the marriage to immigration, then the wife get abused. the visitor visa expired, is there gunna be deportation?

    Come to US with Vsitor visa, decided to get marry, fil the married already, haven't file immigration paperwork yet. The visa expired, and get abused, is there possible to get annulment? or immigrtion will deport right away?

    Joshua’s Answer

    It's good that you're asking questions now, but seek counsel immediately. If you came with a visitor's visa, as you say, then you would at least have an opportunity to fight removal before an immigration judge, so it wouldn't be something that would happen immediately.

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  • Married for 6 months but never filed immigration yet

    Hi, I entered USA with a visitor visa, then we decided to get married. My visa ended 2 months ago, and he didnt file paperwork yet to the immigration. The situation is now I'm getting abused, can I get annulment? or I have to get a divorce? the pr...

    Joshua’s Answer

    I'd immediately seek assistance from a nonprofit in your area; you may qualify for relief under the Violence Against Women Act (VAWA). Your first priority should be your personal safety, so you should look for help from a local women's shelter, which can help in that regard, and should be able to give you a referral to someone who can assist you in your immigration matter. You should make sure you have documentation about your husband's US citizen status for future use.

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  • Immigration court procedure, what is a master hearing, alien citizenship interview

    What is a MASTER hearing? My husband had his Citizenship interview in July '08, we rcvd Decision after Sept. 1, '08, and on the Notice to Appear (before an immigration judge) page on (Date) and (Time) say, "a date to be set" and "a time to be set...

    Joshua’s Answer

    Briefly, your husband has been summoned to immigration court, and though he has some time to prepare, you should take all your paperwork to an attorney as soon as possible to find out our options. The court should have sent you a list of free or low cost legal service providers, but they cannot take every case -- so the sooner you get in contact with someone on the list, the better. Here are a few links where you can start your search for an attorney.

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