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Wendy Rebecca Barlow
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Wendy Barlow’s Answers

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  • My mom asked my grandpa to send us a card from a doctor in Mexico that my grandma is sick she has cancer and has not that long

    to live and I have DACA how do I ask US immigration service to give me permission to go and how would I do it to be able to come back because I heard they only give you permission to go and you need another to come back

    Wendy’s Answer

    You will need to apply for advance parole as a DACA holder. To qualify for advance parole, your need to travel must be for educational, employment, or humanitarian reasons. Your situation falls under humanitarian grounds. You will need a detailed letter from the doctor. This letter will need to be translated into English. You will also need to establish your relationship. I encourage you to work with an experienced immigration attorney.

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  • I need a copy of my file, and my former attorney refused to release it to me. Is it legal?

    I applied for Citizenship, and need to review my I-751 waiver, which was handled by an immigration attorney. He refused to release my documents because it contains my former spouse's signed affidavit. He said i need to have her present to get my f...

    Wendy’s Answer

    The attorney should release a copy of the file to you. Keep in mind that the attorney may be able to redact documents related to your former spouse such as her affidavit. You should submit a written request to the attorney. The request should be sent by a form of delivery with tracking. If the attorney fails to provide a copy of the file, you may file a complaint with the appropriate bar.

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  • I can't contact nvc in any way. status.does priority date matters aftr status update on nvc website?

    Does priority date matter after case is updated

    Wendy’s Answer

    Yes, the priority date matters. The priority date determines a visa applicant's place in line. A visa cannot be issued unless the priority date is current. Reaching the NVC may be difficult but not impossible. You should continue to try and reach them by phone. Your other option would be to consult an attorney directly.

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  • Marriage between a B1/B2 visa holder to an asylee in the first week of entering the US

    I am in the US. I just got my asylum application approved and now will wait for a year to apply for green card. My fiancee’ is a permanent resident in Canada and has a tourist B1/B2 visa. She wants to study masters here on a student visa without b...

    Wendy’s Answer

    Your spouse will be considered after acquired and therefore, will not qualify for derivative asylee status. You cannot simply apply for her. You will need to file an independent petition for her through which she will not be able to immediately adjust her status.

    Your wife will likely be denied a student visa if she applies after your marriage. As a student, she is required to show nonimmigrant intent. She will be required to disclose her marital status and information about you. Once the consular official knows about your status, your wife will most likely be found to have immigrant intent.

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  • How long does the I-90 process take nowadays?

    I submitted a request to have my GC replaced after it arrived with an error. It has taken nine months so far and the status for biometrics has still not changed although I have completed the biometric appointment nine months ago. What Can I do?

    Wendy’s Answer

    Nine months is outside of the normal processing times. Have you called or submitted an eRequest to USCIS? Have you schedule an infopass appointment at your local field office? If you attend an infopass appointment, you should be able to get a Form I-551 stamp in your passport.

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  • Applied for OPT STEM extension, USCIS requesting for evidence, my employer no longer hiring people on OPT STEM.

    I'm an international student on F-1 OPT. My EAD card expired on June 30th but I made sure I requested for 17 month STEM extension in April. On May 23rd, I received a letter from USCIS requesting for evidence because my pending request for 17 m...

    Wendy’s Answer

    If you fail to adequately address the RFE within the allotted time, your OPT STEM extension request will be denied and you will be out of status.

    You may be able to return to classes but you would need to do so before January. The type of degree will depend upon your goals.

    An employer could sponsor you for a cap exempt H-1B but you will likely need to go through consular processing.

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  • What can I do in this situation?

    I was working for someone in LA from Pakistan remotely for the last 3yrs. Last July I came on h1b here.. After coming here, I realized many things were not true what I was told. He was doing some unethical business practices including fraudulen...

    Wendy’s Answer

    1. No, it is not okay for you to stay. Your status terminated by operation of law when you quit your job. You are accruing unlawful presence. You also cannot transfer your H-1B while in the United States given you have failed to maintain your status.

    2. Assuning this is a bona fide job offer and not merely a friend trying to help you out, your H-1B transfer will need to be done visa consular processing. The length of time will vary depending upon whether premium processing is used, interview availability, and likelihood of administrative processing.

    The green card process will be about two years assuming you are from Pakistan. Again, this assumes the job offer is bona fide.

    3. You should return to Pakistan ASAP. Once you accrue 180 days or more of unlawful presence, you trigger bars to admission.

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  • Conditional green card will expire soon, can I travel abroad ?

    My conditional green card will expire in March 2017. I am planning to travel outside the U.S in October this year for 2 months, and coming back in December. Will I have any trouble when I re-enter the U.S. ?

    Wendy’s Answer

    So long as you enter the country prior to the expiration of your conditional green card, you should have no issue re-entering the United States.

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  • Tourist visa marriage?

    I live in the US and my asylum application is pending (no decision yet but expected soon). My girlfriend has a B1/B2 tourist visa valid for another 5 years. We want to get married and add her as a derivative to my asylum application. I have two qu...

    Wendy’s Answer

    1. You must marry prior to a positive decision being made on your asylum application for a spouse to be a serivative beneficiary. Your girlfriend cannot enter the country on her B1/B2 visa if her intent is to remain here permanently. This can have very serious consequences.

    2. No. She will not be able to use her tourist visa to re-enter the country.

    You need to consult an attorney.

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  • Can I apply for asylum on airport the island of Guam using transit visa

    Can I apply for asylum on airport the island of Guam using transit visa after I apply asylum in airport they let me enter Guam or not ?? Can I go to California after filing for asylum in Guam or do I have to wait for interview on Guam ? Thank...

    Wendy’s Answer

    Yes, you may request asylum in Guam. You will likely be detained at least until a credible fear interview is conducted after which you may be released at the discretion of ICE. Once released from custody, you may travel to California so long as your location is not limited by the terms of your release from custody.

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