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Marc Damien Sean Taylor
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Marc Taylor’s Answers

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  • What is the process if a US citizen marries a Dutch citizen in Holland but they are going to live in the US?

    What needs to be done and will we be separated for a period of time?

    Marc’s Answer

    The US Citizen will petition for his "alien relative" - spouse.

    Yes, you will be separated for the processing of the Immigrant Visa. It can take up to 10 months to process.

    You should consider hiring an attorney, whether myself of a colleague to prepare and file your petition.

    See question 
  • My father was taken into ICE custody and received a Notice to Appear from ICE. He was released. Can he file an EOIR-42b?

    He has not received a notice from Immigration Court yet, but on the ICE papers it says "In Removal Proceedings under section 240 of the Immigration and Nationality Act." If he files the EOIR42b, he can get a work permit, but I don't know if he is ...

    Marc’s Answer

    I agree with my colleague, Daniel. You should have a consultation with an attorney to help your father.

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  • My question is about J1 visa

    I came I'm America in this year with work and travel program with J1. Well my grace periode is done on 20th of October like this I supposed to be in my country 10 days ago. If I get back there these days am I going to be banned for next three year...

    Marc’s Answer

    Your overstay of 40-50 days should not impact your ability to return to the US.

    You should leave right away.

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  • If my husband has a deportation order since 2006, and also a felony in federal court is there any relief in reopening a case?

    My husbands immigration case has a deportation order since 2006, and a felony from the federal court, which has been settled since 2002 with finished probation. But this order on the immigration case has but a real big burden on our lives and we ...

    Marc’s Answer

    I agree with my colleagues, the best thing you can do is have a consultation with an immigration attorney. Make sure that you provide them will all the immigration and criminal documents for them to better determine if he is eligible to stay/return to the US.

    Many attorneys will give you a free initial consultation. You can also get referrals from www.aila.org

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  • Possibilities of EB3 with current company B then later filling EB2 with same employer B or other employer C?

    Currently i have 5.1 years exp with company B, If my employer is going to start my GC in EB3 by year end, 1. Is it possible to change to EB2 in future may be due to promotion/duties? OR 2. Can i use the EB3 initial steps to Company C in future fo...

    Marc’s Answer

    1. You cannot change the EB-3 case to EB2 in the future. After your EB-3 PERM and I-140 are approved, it is possible to file a new PERM and I-140 in the EB-2 category. Ideally the employee should have completed the minimum years of work experience for the EB-2 position before starting work with current employer.

    2. No.

    You need to speak to your employer. Whether a case is filed as EB-2 / EB-3 is determined by the employer's requirements for the position, not by what you would prefer.

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  • I have a petition on going for my mom. I already sent my affidavit of support together with my last ITR. the visa application

    was paid and sent to them. what we are waiting for is the letter for her interview appt. Last week, I just got fired from my job. My question is can I file for unemployment? I am worried that the petition process will be denied because of my job l...

    Marc’s Answer

    • Selected as best answer

    Unemployment benefits can be counted as income for the I-864.

    If you do not find another job before the interview, then make sure that you send a new I-864 with proof of your unemployment income and other assets you need.

    Hopefully, you earn enough, if not, you should consider finding a co-sponsor now.

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  • Be in legal status to wrap up affairs before exiting USA

    My H1-B recapture extension just came back 2 days ago denied,So basically,I am out of status. What can I do to buy some time to wrap up my affairs to return to my country,We got the denial,requesting that we leave the country immediately,but,i...

    Marc’s Answer

    I agree with my colleagues, you need to make sure that you leave the US before you reach 180 days out-of-status.

    Since the case is denied, there is nothing you can do to be in legal status while you prepare to leave the US.

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  • I live in Mexico My girlfriend just have visa to work in USA, We want to get married, but I need to know If I can have a visa

    I need to know How Is the best way to be with my girlfriend, I have B2 Visa to travel in USA, how Is better Get In to The USA Married In USA and change my status, or married in Mexico and do all the paperwork in Mexico

    Marc’s Answer

    If you enter the US on a tourist, with the intent to adjust your status while their, it can be deemed a fraudulent entry. I would not recommend it.

    Get married and you should be able to obtain a visa at the consulate with the proof of the marriage and your wife-to-be proof of valid visa (H-1B, TN, etc.).

    You also do not have to pay the USCIS filing fees, so it is very cost-effective.

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  • Does cosigning on a mortgage for a family member affect my chance of removing the condition on my green card based on marriage

    I am on a two years conditional green card and I was sponsored by my wife.

    Marc’s Answer

    No, it should not affect your ability to get the permanent green card.

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  • I am with employer X on H1B. I will get my visa stamped when I goto india on vacation this December.

    Now, I am getting an offer from employer Y who is ready to transfer my H1B. 1) How long it takes for the paper transfer? 2) When the transfer process is going on, can I still go ahead and get my visa stamped wi...

    Marc’s Answer

    1. Regular processing - 3-9 months. Premium - 15 days to a few months (depending on whether an Request For Evidence is issued).

    2. No, as my colleague stated, you should not still go ahead and get your visa stamped with prior employer.

    You should speak to the attorney handling the transfer to discuss any other issues.

    Although I would not recommend traveling while the petition is pending.

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