Skip to main content
Alena Shautsova
Avvo
Pro

Alena Shautsova’s Answers

5,347 total


  • How crucial is it to maintain the F1 status while filing for AOS through marriage?

    I have a clean history of traveling in and out of the U.S. on J1 visas, and now I am a graduate student on F1. I have maintained a full-time student status for two semesters and a winter term, and now I filed for the adjustment of status to be a p...

    Alena’s Answer

    The law will forgive your overstay and out of status situation, but only if your AOS is approved.

    See question 
  • Can J-2 (2-year HRR) apply for B-2 visa while being in USA without traveling to the home country?

    I'm on J-1 visa (with 2-year HRR) which expires on August 31, 2016. My wife is on J-2 visa. My prospective employer will file O1 petition for me but they need me to go back to my country and wait for 60 days before they start filing the petition ...

    Alena’s Answer

    I think you should consult with an attorney. You are trying to cover a gap in your status with the change of status application which can be tricky.

    See question 
  • Received an Advance Parole approval based on Form i-485. Is it safe to leave the country and return within due date?

    I recently submitted the documents for RFE so my I-485 case is still pending. If my advance parole document was approved and the end date for the approval is July, 2017, can i leave the country and come back in 1-2 months? Do I need to bring m...

    Alena’s Answer

    How are you going to bring your F visa with you? It is supposed to be in your passport, you know...I am not sure what status you have right now, but if you have i -485 based on marriage pending, you should travel using your advance parole only. 1-2 months sounds a bit long, as you may be called for an interview during this time.

    See question 
  • Is my A1 visa still valid?

    My A1 visa is valid until 2019. I applied for F1 visa in 2014. My application to change status to F1 was approved in September, 2015 but after I graduated in May, 2015.

    Alena’s Answer

    Maybe valid, maybe not. As I recall, your A visa should come with an assignment specification. Also, did you change status or did you apply for an F visa?

    See question 
  • My tourist visa cancelled by code 22 cfr 41 122 (h 3) 2006 , i have family sponsored f2b visa application in process,

    hello, my situation as asked before, i had a tourist visa for 10 years , back in 2006 in the airport i was denied admission that day and cancelled my tourist visa with code code 22 cfr 41 122 (h 3) after interview, i never stayed more than 6 month...

    Alena’s Answer

    We do not know. How can we answer this question without talking to you and having information about everything that happened? You need to speak with a lawyer. Generally speaking, if somebody visited too often and was suspected to be an immigrant, he will not have issues applying for an immigrant visa, unless something else happened (fraud, deportation, etc).

    See question 
  • Will I be able to get J1 visa after being on H1

    i came here on f1 status in 2004. my visa expired in 2009. I never went back but always maintained student status. IN 2015 I got sponsored for h1b by a hospital( i am a medical graduate) for research position. 6 months later I moved to another hos...

    Alena’s Answer

    J1 is a non-immigrant visa. Also, as pointed out to you by another attorney here it may come at a heavy price. I cannot advise you here as this is a public forum, but you should consult with an attorney before making a mistake.

    See question 
  • Chances of F-1 reinstatement

    I am a student on an F-1 visa. I got offer for an internship ans started working with DSO approval. Unfortunately, my CPT end date in the I-20 did not match the end date mentioned in the offer letter due to the mistake from my academic advisor who...

    Alena’s Answer

    You should consult with an attorney. Handling this issue without a lawyer may result in removal.

    See question 
  • My Q. Is about application DS-5507 can I fill if i do not have proof before 10 years and my father was in Yemen this 10 not USA!

    On 1958 my father citizenship on 1961 he get married mom in Yemen he set with mom until 1962 in Yemen get beak 1964 to Yemen and he stay in until 1970 he get beak USA as and I have his old Passport 1971 I have no proof to fill this application...

    Alena’s Answer

    You have a specific legal question. This forum is not designed for it. You need to book a consultation with an attorney who will be able to analyze the situation for you and help you.

    See question 
  • How I can get DL

    I win my asylum case from SF Emigration court last Friday I received emigration court decision But in DMV don't accept court decision

    Alena’s Answer

    They will not until you get new I 94 card. I know it is wrong, but it is what it is.

    See question 
  • How can I obtain the Alien Registration number from my ex wife whom I sponsored? She does not wish to divulge this information.

    Back around 2010/11 I sponsored my wife to so she could obtain her green card. We had been married at that time for around 3 1/2 years. There was no urgency for her to obtain the green card because she was on a H1B through her work and she had alr...

    Alena’s Answer

    Just put unknown on the form and attach an explanation. You might be able to get it through FOIA, but it takes forever.

    See question