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Moses Apsan
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Moses Apsan’s Answers

106 total


  • May I withdraw petition for immigrant wife but stay married?

    I would like to withdraw my application for my wife to get her conditional green card. Can I do that and stay married? At some point in the future can I apply again for her? I just want to make sure of a few things first.

    Moses’s Answer

    Yes a petitioner can withdraw application for the wife's conditional residency; however I don't believe she will bee too happy. You can alway refile in the future.

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  • Is there any reason that a crewman's visa makes you ineligible to file the I-601A waiver? Have you been successful in the past?

    My husband came here on a C1D/crewman's/transit visa. He has been here a little over 10 years. He has no criminal record. I am a US citizen and we have been married 3 1/2 years and have an approved I-130 petition. I understand that crewman a...

    Moses’s Answer

    Yes, a 601A waiver the best way to solve your dilemma. The complete process takes about 14 months. Best of all, in most cases the applicant returns to his country for only 3 weeks. The first week to take a medical exam. The second week the couple goes to the consulate for an interview and the third week the immigrant visa is issued.

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  • 2) If I travel back to my home country, my H1-B will still be valid or not ? 3) Can I transfer my H1-B when I am out of country

    Hi, I am on H1-B visa. My current project is going to complete on Dec 31st and my employer is not willing to keep me any further if he didn't find new project. 1) I want to know how many days after Dec 31st I can stay in USA without legal compli...

    Moses’s Answer

    You may consider changing status to a b-2 visitor for pleasure.

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  • Is it possible for 75 year old who has no child to adopt a 39 year old care taker?

    I had an employment authorization which is not renewable but have a social security card and a job but take care of this lady as a side job can she adopt me to enable me get my citizenship?

    Moses’s Answer

    Adoption has to occur before the age of 16.

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  • I-130 filed by a permanent resident for spouse. Application send on Sep 18, 2013 and priority date is Sep 26, 2013.

    I am a LPR and have files I130 for my husband. is almost 7 months and the case is under review. Is this normal. and is there any action that i could possibly take. And my husband is in removal proceeding. so there there a way that I could get t...

    Moses’s Answer

    Your lawyer should provide to the court a copy of the filing receipt and the I-130 application. In such a case, the court will give you husband additional time. I hope you have hired an immigration lawyer, as you husband will need to apply for a waiver if he overstayed more than 6 months, unless, of course he is grandfathered under Section 245(i) of the Act or you become a U.S. citizen and he establishes legal entry.

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  • My I-94 was taken by the USCIS Officer during the i485 interview . Is that good or bad ?

    I had my interview with my wife last week ,i485 form ,our interview went well , and at the end we asked the officer did we past , and she said probably she will recommend us to approve , does this means we approved ? And how long do we have to w...

    Moses’s Answer

    Normally, just routine, but you will have to wait for a decision from the immigration examiner to know for sure.

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  • I have a B1 B2tourist visa,can I get a worth authorization and visa status adjustment ?

    If a US company offers me a job ? And I don't wanna apply immigrant visa , as my wife is here on green card ?

    Moses’s Answer

    This question is more complicated than it looks. You will have to have a private consultation with an immigration attorney.

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  • Can I file for citizenship if I don't file taxes with my wife?

    I have a 10 year greencard can I have not file taxes with my wife will that affect me getting my citizenship? My wife is a us citizen.

    Moses’s Answer

    If you filed married filing separate AND used the same address for both, you should have no probolem.

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  • I came to the US with my parents legally, as a child. I am married to a US citizen, can I file for adjustment of status

    I am preparing to file I-130. I an not sure if I need to also file I-485. I came to the US when I was eleven years old. I never left the US. I have lived in the US for 15 years

    Moses’s Answer

    If you entered legally as a permanent resident, you do not have to file anything, except maybe for naturalization. But if you entered legally as, let's say, a tourist, then you should be filing an Adjustment of Status package and not just the I-130. Filing adjustment should take about six moths to complete.

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  • Need a good lawyer for vawa case

    I need a lawyer in NJ specialized in VAWA case, I had applied already and send all the doc they asked and I was scheduled interview , I need a lawyer

    Moses’s Answer

    It would have been better is the case was reviewed by an immigration attorney before filing, however, it's never too late. Please see this article http://www.apsanlaw.com/law-79.Green-Card-through-VAWA-Battered-Spouse-Children--Parents-of-US-Citizen.html. I have had many VAWA cases approved.

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