Archived
Is it better to change visa status from B2 to F2 here, or go home and apply for an F2 visa? What if B2 expires in 2 months?
Martin's answer
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Answered on March 19, 2014
Yes, as long as he submits for the Change of Status before his I-94 expires or authorized stay expires. He will not accrue unlawful presence while...
Archived
What is the process of becoming a permanent resident through spouse?
Martin's answer
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Answered on March 19, 2014
I agree with my colleagues above and he should go ahead and file an I-130 petition for you. Further, I will hasten to add that currently there is...
Archived
I wonder if an illegal alien gets married to a U.S. citizen and has children can that alien take child born here back
Martin's answer
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Answered on March 18, 2014
Stop wondering! It's impossible for what you call an "illegal alien" or anybody to kidnap a child legally: anywhere on this earth!
Perhaps, you...
Archived
Before graduating i applied for my OPT as a student (I-539), It was denied i left the USA within 2 days, can i travel?
Martin's answer
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Answered on March 18, 2014
As long as your Visitor's Visa is still valid, admission at the U.S port of entry is at the discretion of the CBP Officer. The same applies to...
Archived
I-140 status while I go out of USA for 1 year
Martin's answer
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Answered on March 16, 2014
Avijit:
Yes. The I-140 will still be valid -even after one year - so long as the underlying job for which it was given is still yours. In theory...
Archived
If an illegal immigrant has a US citizen child, can they use the legal status of the child to become legal resident?
Martin's answer
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Answered on March 16, 2014
As my colleagues have stated above, the child can only petition for him if the child is 21+ years. Without marrying the father, there could be...
Archived
Is bankruptcy a problem at the time of sponsoring someone in the form I-864?
Martin's answer
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Answered on March 16, 2014
Yes. Think of it this way? How can you claim to "support" someone financially if you are bankrupt? That could be tricky. Sponsor's is the bottom...
Archived
I-140 status if I go out of USA for 1 year
Martin's answer
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Answered on March 16, 2014
There are no sufficient details re: the H1B visa like whether the 1 year outside US falls within the h1b approval period? Generally, the H1B is...
Archived
I-485 Document question
Martin's answer
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Answered on March 15, 2014
Yes. You can use the faxed birth certificate, attach the translation. I would also attach an extra page explaining that the birth certificate is a...
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