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Marc Damien Sean Taylor
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Marc Taylor’s Answers

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  • Can I stay in US after my expiry of H4 status with the receipt of COS, if not approved after March?

    I'm on H4 visa currently and its going to expire on March 22nd. I have applied for change of status to F1 on December and its on processing. Can I stay in US after my expiry of H4 status with the receipt of COS, if not approved by then.

    Marc’s Answer

    You are allowed to remain in the US until a decision is made on your petition.

    But you should speak to an attorney regarding this. You do not want to remain in the US past your H-4 expiration, especially as there is no guarantee that the change of status will be approved.

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  • What kind of document my wife signed? What should we do to claim the case?

    I married on July 9 2015. Yesterday, I had an interview with USCIS for application to register permanent residence. In the interview, the officer put me and my wife in separate rooms. He interviewed me first in 20 minutes, i answered all of his q...

    Marc’s Answer

    Adam is 100% correct. Your wife basically signed a document stating that your case was a fraud.

    You need to hire a local attorney quickly to deal with the future problems you will be facing (possible deportation/removal proceedings).

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  • What paperwork do I have to file in order to obtain a certificate of birth abroad for my baby born abroad out of wedlock?

    I am an American man. Although I'm married with 2 kids who were also born in the U.S., I just had a new baby born out of wedlock from a woman lives overseas. Is my baby automatically a U.S. citizen? What paperwork do I have to file in order to ...

    Marc’s Answer

    You can obtain information from the State Department Website:

    https://travel.state.gov/content/passports/en/abroad/events-and-records/birth.html

    But by contacting the US consulate in the country where your child was born will provide you with the best answers. They can tell you what documentation you need to provide and if you must actually be present in the country to file the form (For FS-240).

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  • What can I do?

    I was in a very abusive relationship for 10 Years and I finally got out by calling the police. The court ordered him to stay away from me, he's a U.S. Citizen and I'm here illegally. I came here when I was 2 and when I was 8 I had a voluntary depa...

    Marc’s Answer

    You have many different issues.

    Before anything, you need to report his threats to the proper authorities.

    Then, you need to speak to an attorney who handles immigration cases for abused or battered spouses (VAWA). You are also going to have to deal with the fact that you were already deported and returned to the US despite being banned for 10 years.

    You need to sit down with an attorney, providing all your documentation so that they can tell you if you have any options. Asking the question in this forum is not going to offer you any help.

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  • Can I get a work or tourist visa after having multiple immigration violations?

    In the year 2000 I entered the United States illegally. I used a social security number that did not belong to me in order to work. While on my job in New York, in 2002 I was detained and deported back to Mexico. I returned 1 month later after ha...

    Marc’s Answer

    I agree with Layli, based on your history, I do not think that you will able to obtain another visa in the immediate future.

    Your only hope is hiring an experienced attorney. Many attorneys on this site offer free consultations.

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  • Why it doesn't let me type in the box where it asks for the household size?

    I can't fill out form I-864 Part 5 "Sponsor's household size", it doesn't let me type in the boxes, what to do? Thanks!

    Marc’s Answer

    If you have Adobe Acrobat you can input the number - (Tools - Content Editing - Add Text).

    Or you can just print out the form and hand-write the answer.

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  • Can a J-1 holder with a 2-year requirement change status to E-2?

    I have a J-1 visa with the 2 year requirement. Since I am a fulbright scholar, i don't think I can get that waived. However, can I change my status to an E-2? Also, if I can, can I do that in the US or do I have to go to the consulate to get that?

    Marc’s Answer

    You cannot change your status in the US. You would have to go to the consulate and apply for the E-2 visa.

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  • Filling for I 130 marriage to usa citizen, Do they enquire overseas complaints, investigation in bio metrics test too about me

    out of jealeous some body complaint about me that i am a criminal (not actually) in the USA embessey in India. Now i am filling i 130. so do USCIS care about these complaints made overseas.

    Marc’s Answer

    I agree with my colleagues, if it comes to their attention they will care.

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  • How long can ICE hold a person at the port of entry for questioning? What are the person's rights and what can her relatives do?

    I have a friend who is being held along with her son in Houston by Immigration personnel. She is coming to have a baby and already made an appointment with a hospital in Houston. She has been held for almost 24 hours. ICE refuses to state to her r...

    Marc’s Answer

    I agree with my colleague, the issue may be the fact that she was coming into the US to give birth.

    Many attorneys will provide an free initial consultation, but the cost to file such can be substantial.

    Good luck.

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  • 1) Can I apply/upgrade my wife 485 in F2A (Family-based) category now? 2) What will be the priority date?

    In September 2013 I have added my wife to my EB2 green card as my priority date (May 2008) became current. By end of September 2013 I got my green card. My wife has not got green card yet. She got EAD/AP card. My priority date is not current any m...

    Marc’s Answer

    You can file a petition for your wife (I-130). Your priority date will be the date that USCIS receives the petition.

    The priority date for F2A has been September 08, 2013 since October of this year.

    You should consider hiring an attorney, whether myself or a colleague to prepare and file your wife's petition.

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