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Dean P Murray

Dean Murray’s Answers

2,952 total


  • What to do if a Visit Visa is denied and we haven't met in person?

    Hi so I am a US Citizen. I am looking to speak to someone about a situation. I want to know how someone can apply for US citizenship/Green Card if they live in another country. This person just applied through another country but was denied for a ...

    Dean’s Answer

    You would have to meet them in-person in order for them to qualify for a K-1 fiance/fiancee visa. The alien may wish to consider re-applying for a tourist visa. Sometimes, it takes two or three attempts for someone to be approved. Using an attorney would enhance chances of the application being successful.

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  • Can this situation negatively affect my reentry?

    Hello, I'm a (conditional) green card holder. I just got in Italy a few days ago and unfortunately my Italian passport was damaged. I'm staying here one month so I have plenty of time to have a new one from the local government authorities. When I...

    Dean’s Answer

    You should not face any impediment to re-entry simply because you needed to replace your prior passport.

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  • Can I appeal to court if the asylum officer denies my petition while I'm in TPS (not having other valid immigration status)?

    I am from Nepal and currently, I am in Temporary Protected Status (TPS). I don't have any other valid immigration status now. I have always maintained my lawful presence in the US. I am planning to file for asylum soon. If the officers deny my asy...

    Dean’s Answer

    Your case will be referr to an Immigration Judge where you can present your case again.

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  • Will I slip into illegal status between the time my OPT expires and my husband gets his Citizenship?

    I'm on OPT at the moment. My husband has a green card and will get his citizenship in a couple of months. But my OPT expires before he will get his citizenship.

    Dean’s Answer

    If you do not change your status before the 60-day grace period on your OPT status expires, you will fall out of status once the 60-day period concludes. However, it may not affect you because you can adjust status as the immediate relative of a US citizen even if you are an overstay.

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  • How can I adjust my status?

    When I was 13 years old my parents brought me to this countryI came to this with a VISA. A few years ago I got D.A.C.A. and now i'm married to a US Citizen. I lost my proof of legal entry have tried asking for a FOIA and I filed a form twice to ...

    Dean’s Answer

    You need a legal entry in order to Adjust Status. If you can prove you overstayed a visa, you may adjust by marrying a U.S. citizen and would not have to leave the country. (Obviously, you have to be otherwise eligible to adjust status). My colleagues already communicated some particularly thoughtful comments on your options. Have a great week.

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  • Would there be any impact on her AOS Processing due to our change of address?

    My wife's AOS ( I-485 ) is in process with USCIS. We want to move to another state permanently. That means our residential/permanent address will be changed. Can we do so? Would there be any impact on her AOS processing? Please let me know.

    Dean’s Answer

    Once you relocate, promptly report the change of address using AR-11. See https://www.uscis.gov/addresschange. Consider doing it both online and by mailing it in. There will be a delay as the file will have to be transferred to the field office with jurisdiction over your new place of residence. Have a great week.

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  • Can I change to EB3 or EB5 in U.S. ? Is that asylum status legal or unlegal?

    Dear lawyers, I went into U.S. with B2 and apply the asylum last Jan. Now I am waiting for court, it is a long time, don't see the hope and end. Can I change to EB3 or EB5 in U.S. ? My B2 status is already expired after I entered US six month late...

    Dean’s Answer

    You should speak with the immigration lawyer who is handling your asylum claim. If you do not have a lawyer, you need to get one. It's that simple. Overstaying a tourist visa and filing an application for asylum is completely imprudent if you have a valid reason to believe that you may be eligible for an EB5. Have a great week.

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  • How long will it take before she is approved

    I want to petition for my sister who is in the United States. She has a valid five year multiple B1 B2 visa and 6 months stay. I want to know how long the processing takes before she is approved

    Dean’s Answer

    Currently, it's a 24 year wait for a visa number if the alien (your sister) was born in the Philippines, a 19 year wait if born in Mexico, and a 13 year wait for a person born anywhere else. Consult an immigration lawyer to see what other option, if any, currently exists by which she can remain in the U.S. You should definitely speak with a lawyer before she overstays, at least a couple of months before the deadline for her to leave the U.S. Applying for an extension of her stay from now won't hurt either as these requests take months to be decided and granted. An immigration lawyer will be able to guide you. Have a great week.

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  • How difficult and strict the fiance visa's interview will be for my fiance from Iran ?

    Hello I'm 83 years old (male ) ,my fiance is 27 years old from Iran (male). I sent our case(same sex marriage) to the USCIS and its approved. We have met twice and we skype every day. Now the interview is ahead of him

    Dean’s Answer

    I can envision the age difference drawing major scrutiny. Consider having an immigration lawyer assist you. Have a great week.

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  • Should I do anything if my status turn from F-1 to H1B while I-485 application is still processing?

    I am currently on F-1 OPT which expires on 6/30/2016, and I am going to file I-485 and I-130 (my husband is an American citizen). My company is also willing to sponsor me for H1B and has filed my application but we have not heard back anything. So...

    Dean’s Answer

    You should discuss the matter with the attorney handling your Adjustment of Status (AOS) application. Immigration attorneys are typically concerned about a foreign national (i.e. alien) working on the Adjustment of Status Employment Authorization Document (EAD) that is typcally received 60 to 90 days after filing the AOS application. This is because if the AOS application is denied for some reason that you can neither appreciate nor anticipate at this time (or is difficult to appreciate/anticipate), you would have violated the F-1 or H-1B status. As you may need to revert to a former status prior to Adjusting status, you have to be wary of the law. Have an immigration lawyer help and guide you. Have a great week.

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