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William J Quirk
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William Quirk’s Answers

804 total


  • What qualifies as detention for n400 interview

    Sorry for the repost but want to clarify a few points I have my n400 interview next week and would like to know what counts as detained? About 5 years ago I traveled to Bahamas and had both my conditional permanent resident card and my new...

    William’s Answer

    No. It is not a detention for purposes of the N-400. It is true that when you get your IR documents you should return the CR document to USCIS, but a failure to do that is not fatal to your residence. It was simply an inquiry done when you were coming back in and nothing improper on your end.

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  • Do I loose US green card if I apply for Canadian PR

    I applied for US green card based on Marriage(I-485 change of status). I am waiting for same and interview is next month, my wife is dual citizen(US & Canada), If I apply for canadian PR after getting US green card. Does it affect my US green ...

    William’s Answer

    I believe that the answer to that is yes, as you need to maintain a residence in the United States for LPR purposes. Filing and receiving permanent residence in a second country simultaneously would at the least be extremely confusing and questioned by the government and more likely a reason to find you have abandoned your intent to be a resident here.

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  • Immigration Q.: I applied for asylum 2 years ago and am still waiting for my interview. I recently got married to U.S. citizen..

    Immigration Q.: I applied for asylum 2 years ago and am still waiting for my interview. I recently got married to U.S. citizen and I am about to file my adjustment of status application (I-130/I-485) with USCIS. Do I need to withdraw my asylum cas...

    William’s Answer

    Never, ever withdraw that asylum case until your LPR card is in your hand after an approval of the marriage case. There is just too much risk otherwise.

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  • How long does applicant have to submit documents when their case is on Adminstration processing?

    MY Husband had his visa interview, he was told he needed additional information for to complete his case, and was given a certain date to submit the documents. A couple weeks later I email the Consular staff in reference to the given date, at whic...

    William’s Answer

    I am confused. However, I likely will err on the side of submitting within the original time frame given to your husband for the submission of documents. It would be very unusual for the scenario you have described to happen. I would highly suggest him filing the additional documents by the time prescribed by the government previously.

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  • What does this status mean "Document was Mailed to me" mean ? In regards to an I-212 waiver.

    My husband and I are doing waivers to hopefully have him reenter the United States. This status I got today in regards to one of his waivers which was I- 212. His case in may was also resented transfer to texas service center.

    William’s Answer

    It is likely either a Notice of Intent to Deny, with a response period, a Request for Additional Evidence, with a response period, or a notice of a change in office adjudicating the petition. It could also be an approval, but it is very unlikely that it is. Most likely an NOID or RFE.

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  • Do I file a separate form I-130 for my wife and 3years old son if I am a permanent resident.

    I am a permanent resident in the U.S and I want to file for my wife and 3years old son who currently live in another country. On part A, question one of form I-130, I do not know if to check spouse or spouse and son.

    William’s Answer

    You would need to check off the box for spouse, and list your son on the application. When the consular processing takes place, you will be able to deal with both of them simultaneously.

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  • How can I get my US citizenship???

    I got my permanent residency ( green card) on 5/25/2010 through marriage with US citizen ( my husband). I could apply for US citizenship 3 years after but my husband didn't want me to get it. He didn't provide his citizenship info and honestly we ...

    William’s Answer

    As a 5 year resident, you can file in that way and not have to be concerned about your husband's input into the situation.

    An attorney can assist you, or you can attempt to fill the application out yourself, noting your five years of residence.

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  • What will happen with my immigration status if we divorce?

    My US citizen husband filed a petition for me in January; we have not been called for an interview yet. My husband is having substance abuse issues and our marriage it not working out. He has not abused me physically or else. I do not have an immi...

    William’s Answer

    If your case is not completed, then you will lose the opportunity to adjust your status, and will remain in whatever status you currently have in the United States.

    The issue of a self petition would possibly be of issue, but that is a type of matter which would require you to discuss in private with an attorney some very sensitive issues.

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  • How

    My husband and I just got married on May 2016 but we received a letter for his first notice of hearing in removal proceedings for July 18th. What to expect? How should we prepared for this first hearing? Thanks in advance!

    William’s Answer

    It is really impossible to answer your question without a ton more information about your case. I would highly suggest hiring an immigration attorney to accompany your husband to his hearing and to advocate on his behalf. Without knowing how he came to the US, why he is in proceedings and other issues, it is impossible for an attorney to tell you what to expect.

    The Immigration Court in Newark is a very fair and good place, but without sitting down and understanding your case, it is impossible to say what will happen.

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  • 2nd time in 6 weeks I am asking for an extension my adjustment interview

    I was schedule to be interview 2 times the past 6 weeks, first time I could not attend because my wife just had a surgery and I was sent another date foe next week and my wife is not fully recovered from her surgery. Can I ask for another exten...

    William’s Answer

    You can always ask, but the government can always say no. I would imagine with medical evidence they would understand your situation, but make sure you document it well and do what you can to answer their questions.

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