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Naima M Said

Naima Said’s Answers

340 total

  • What happens if you stay over the 60 day grace period after your OPT finishes?

    My OPT ended, and I had been here longer than that period of time. I'm not working but I know I'm out of status now....but how can they find out that I've been here longer than that?

    Naima’s Answer

    If you are no longer in status, you will likely get a visit from ICE agents who will initiate removal proceedings against you. The SEVIS program keeps a check on all foreign students.

    If you completed your bachelors or higher degree, you should seek employment through the H1B program. An employer may file the petition on April 1 with a starting date of October 1 when H1B visas will be available.

    In the meantime, you should wait in your country for the visa to be issued - if you are successful in finding an employer to file the petition.

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    Naima’s Answer

    In Algeria, you can have fingerprints done at the local police station with your birth certificate and national identity card, for the applicable fee.

    From your question, I seriously doubt that your problem is fingerprints if, as you say, the US Embassy won't give you an appointment.

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  • My friends husband is divorcing her and withdrawing his petition for her to become a permanent resident. What are her options?

    She just recieved her temporary residence green card about two weeks ago after an interview with immigration. What options does she have now?

    Naima’s Answer

    Your friend is in a difficult place as far as her immigration status goes. First, if the petition has been approved and she has a temporary green card, he cannot withdraw an approved petition. She's in luck.

    This is where her luck ends though and she will need an aggressive lawyer. If she and her husband do not seek help to save the marriage, all she has is that the marriage ended 2 weeks after her green card and she will have to defend allegations of fraud as USCIS tries to remove her. She will need compelling evidence to rebut the strong presumption of fraud.

    She will have a difficult time proving she did not marry for a green card. Have her consult an immigration and family lawyer near her before the marriage is officially terminated.

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  • Changing Status from B2 (Toursit Visa) to A2 (Diplomats and Foreign Government Officials) Visa

    I'm holding B2 tourist visa and currently being in the US now. If I get married with a person who is holding A2 Visa. What is the process of converting from B2 to A2 visa? ...

    Naima’s Answer

    To change your status to diplomatic status (A2), first, you must submit an Interagency Request to the Office of Protocol with the US Department of State.

    Once that is done, the foreign mission or your wife's Embassy will complete a visa application online and submit it along with other required paperwork in Washington to CA/VO/P/D's Diplomatic Desk.

    Diplomats are handled differently than other visitors who want to change status.

    Most of the change of status paperwork is initiated and processed on your behalf through your wife's Embassy and not the usual process through USCIS.
    Good luck.

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  • My fiancee was denied a b1 visitors visa in Kingston and now I want to apply for a k1 do I have to wait for a certain time

    What is the best way to handle this situation and what do I have to send it to start the fiancee visa

    Naima’s Answer

    You do not have to wait to file for a K1 visa if a B1 visa is denied. There is separate criteria for issuing both visas and one has little to do with the other. Go ahead and file.

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  • My fiancee was denied a b1 visa in Feb 2011 and I want to apply for the fiancee visa do I have to wait to file the fiancee visa

    I have been traveling back in forth I have pictures and evidence of our relationship is it ok to file and what's the likely hood its approved.My email address

    Naima’s Answer

    I am an attorney based in Columbia. When the Embassy denies a nonimmigrant visa, they usually do so because they believe that the applicant will not return to their country. Perhaps your fiance was denied a visa because he mentioned that he was coming to visit you - this will trigger a red flag for immigrant intent.

    If you have seriously considered marriage with your fiance, go ahead and file the fiance petition. Once he arrives in the US with the fiance petition, you must marry him within 90 days of his arrival or he could face removal.

    If you both decide you want the wedding in his country, you also have the option of traveling to his country, marrying him and then filing a spousal petition.

    The fiance petition is a nonimmigrant visa with immigrant intent - that is one visa that allows someone to say s/he is travelling to the US but may not return. The fiance petition begins the process of the green card. One part of the case is processed by USCIS in the United States and the approval is sent to the US Embassy abroad where the second part of the case is processed. The final processing of the case takes place in the US after you marry and after this third step is approved, your fiance gets his green card.

    You may contact me on Monday if you wish to retain my office to assist you with your case. My telephone number is (410) 992-6602.
    Best regards.

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  • I have twin daughters 15 years old who were born in the USA but have lived in the UK since July 2008.

    What kind of VISAs would they need to vacation in the USA this summer? What would need to be renewed/updated?

    Naima’s Answer

    Any person born in the US is usually a United States citizen but this may not be true in all cases. If you had diplomatic status when your children were born, the twins are not US citizens. They will need visas to enter the United States.

    If you were not a diplomat, the twins will be issued a US passport.

    If the twins are citizens of the UK and hold British passports, they are eligible to enter the US without visas under the visa waiver program and may remain for up to 90 days - which is basically all summer.

    I hope this information helps.

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  • How long can a Green card holder stay out of the US without obtaining a re-entry permit

    Good Day,hope this mail meets you in good condition.please i want to know, can a green card holder stay out of the US for a period of 5 months without obtaining re-entry permit?

    Naima’s Answer

    Yes, a green card holder may stay outside the US for a period of 5 months without obtaining a re-entry permit.

    An absence of less than 180 days protects your continuous residence requirements for naturalization purposes. An absence of over 180 creates a legal presumption of abandonment of your lawful permanent residence status.

    Generally, an absence of more than 1 year constitutes an abandonment of lawful permanent residence status.

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  • My husband is from Togo and I am a Us citizen. What will happen if I file our taxes seperate with immigration? will we get denyd

    my husband is from Togo and I am a Us citizen. What will happen if I file our taxes seperate with immigration? will we get denyed? And if we get denyed will they try to deport him?

    Naima’s Answer

    There are several good reasons to file taxes "married but separate" for reasons relating to innocent party or injured party type situations. Filing separate taxes alone will not result in your case being denied but it will certainly raise issues with your immigration case. Even if the case is eventually approved, you will spend thousands of dollars paying lawyers to defend the way you chose to file your taxes, especially if there are also other issues in your case. It is better to minimize problems with your immigration case.

    Finally, if your case is denied for any reason at all, the process is to send you to see an immigration judge to plead your case where you will have a chance to fight deportation charges.
    Good luck.

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  • FAMILY-SPONSORED Green card Fourth: Brothers and Sisters

    Hello, I want to know 21 years old limit age for green card immigrants kids is for the time that they receive their acceptance/approval from immigration or the time that they go for interview in the embassy

    Naima’s Answer

    • Selected as best answer

    The age limit for preference family members - such as children of brothers and sisters - is 21 years old. However, they may still be able to immigrate with their parents if they are over 21 under the Child Status Protection Act - (CSPA) if the case took many years to process.

    For example if the child was 18 years old when the case was filed but the case took 5 years to process before you got the approval notice by which time the child is now 23 years old, the law permits you to deduct 5 years from the child's age at the time a visa becomes available. The recalculated age at the time of the interview will be 18 years and the child can immigrate with the parents.

    This law is good if the child is younger and the case takes man years to process. The law will not help you if the child is almost 21 years and the case is processed and approved within a few months. In this case, if a visa becomes available in say 3 years when the child is 24, you can only deduct the few months and the new recalculated age will still be over 21.

    If you would like a telephone consultation, you may contact me at (410) 992-6602.
    Good luck.

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