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Irene Vaisman
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Irene Vaisman’s Answers

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  • Can i file I-130 along with i-601?

    Hi, I have a final of deportation 12 years now, however since my country won't accept return of its citizen. I am currently married to a U.S. citizen and I want to know if my spouse can file an I-130 for me and can I file the I-130 along with I...

    Irene’s Answer

    Your case is more complicated - with an outstanding removal order. Starting point is the I-130 stand alone. But first, need to determine your eligibility to even start the case. I think you would greatly benefit from working with an experienced lawyer.

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  • Can you do asylum with you partner of 6 years, and kids, without getting married?

    my sister has her partner, they have been together for about 6 years, they are not married but they live together and they have two kids (3 and 5 years old) they are doing asylum with immigration, can they do papers together as a family group with...

    Irene’s Answer

    If they want to jointly file, they need to be legally married. Otherwise, separate cases.

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  • I'm a green card holder and got my green card through asylum. Can I travel abroad - not to my home country?

    I renewed my passport two months before I received my green card based on granted asylum, I sent it to my home country embassy in Canada Montreal because there is no Embassy in U.S. , when it came back I applied for Green Card two months later and...

    Irene’s Answer

    You can travel, but not to your home country. You also may need a visa depending on the country you are going to and the country that issued your passport.

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  • Waiting time between MCH and Individual Hearing in asylum case.

    My asylum case is pending before the immigration court in Federal Plaza (NY). I have my MCH scheduled for late June. What is the average waiting time between MCH and Individual Hearing in this court.

    Irene’s Answer

    Mostly depends on the judge. NY court is heavily backlogged with cases being scheduled in 2019

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  • I'm in asylum pending.My gf already overstayed her visa.Is there any optoins for her to obtain green card,if I will marry her?

    political asylum

    Irene’s Answer

    If the two of you get married prior to you being granted asylum (if you are granted asylum) then she can benefit from your grant.

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  • Is it temporarily good for the time that your case is in the courts do you still have permanent alien status because bia reopen

    If you got ordered deported they took your permanent alien card away and you reopen your immigration case do you still have permanent alien status while your case is being reviewed the courts

    Irene’s Answer

    There is a decision that "removed " you from the country thereby taking away your status. Now, good for you that the BIA reopened for one reason or the other, but in my humble opinion and understanding, you don't have status now. I assume there will be another hearing or some sort of motion practice before the immigration judge again until your status is decided. Potentially you can always try and go to your local USCIS office and show the relevant paper work. See if they will stamp the passport. Doubt it. But never know. I hope you are represented by an attorney by the way who should be answering these questions for you.

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  • Filing I-130 after K1 with another person, pending asylum

    Hello, I am currently awaiting on my Asylum hearing after unsuccessful interview last year. I came to the U.S. from Russian on K1 visa but unfortunately it did not work out between us and we never married. Now, I am engaged with an American Citize...

    Irene’s Answer

    Your husband has the right to file the I-130 immigrant visa petition. But the caveat is, because you never married your K1 petitioner, you can't adjust or get your green card in the USA. The I-601a stateside waiver could be helpful in your case. The problem is you filed and asylum application claiming fear of persecution from your home country. The approved 601 still requires an interview in your home country. I hope you are working with a knowledgeable lawyer who can walk you through all of this.

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  • How can I get Social Security number. with temporary EAD under pending asylum applicant.

    I am a pending asylum applicant. I applied for EAD and now I have the card. now when I apply for jobs employers are asking for my social security number. I was wondering where or how I can get the the social security number.

    Irene’s Answer

    Go to your local social security administration office. Bring your new employment authorization card and passport. Submit your application. Card will arrive shortly thereafter.

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  • EOR hearing transferred in NJ - rights of the defendant/ asylum seeker while waiting

    There was a transfer of the case in NJ from NY because of the location of the residence which was changed after the proceedings. At what scenario an asylum seeker would not be entitled to apply for EAD while waiting? What other rights may be requ...

    Irene’s Answer

    Typically, the asylum seeker cannot apply for the EAD if he/she has delayed the proceedings by rescheduling an appointment/hearing. I am sorry, my answer is probably vague, but so was your question. if your case is now in court, seek the help of an immigration attorney. They may or may not salvage your EAD, but there may be a chance for helping you with your case and merits hearing.

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  • Can I apply for Motion for reconsider now i.e. after 33 days.

    I have applied the H1b last year (2015-16) but my petition has been denied. Unfortunately my lazy petitioner had not replied within 33 days. So can I apply for Motion for reconsider now i.e. after 33 days.

    Irene’s Answer

    The employer is the petitioner. So you, by yourself, do not have standing to file a motion. The employer has not lost its right to file as well since the time allotted has passed.

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