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Susan Kyong-Lee Pai

Susan Pai’s Answers

11 total

  • ICE Inmate locator

    The facility where the detainee was being held said that he was moved more than 2 days ago to another location and the person I spoke to did not provide me with the new locations name. The Online locator still has the old location as his current o...

    Susan’s Answer

    You can try each individual detention facility for an inmate search. Start with all the ICE detention facilities in the state, then depending on where the detainee is from, you may try detention facilities in Texas as well. You need the full name, date of birth, country of original and alien number if you have it. You should note there is a new detainee transfer policy in effect. Once a G-28 is filed by an attorney, ICE is supposed to "try" to keep the detainee in that jurisdiction. Where the detainee goes also often depends on whether male or female and what they were picked up for (i.e., felony, drugs, domestic violence, driving without a license, straight overstay). Good luck!

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  • Wife came on f1 in 2007. Went out of status on jan17 2011. Nta issued by ice on june 8th. hearing is on 23rd may2012.

    I 130 filed in sept 2010. Im greencard holder. Is she facing a bar ? Is it a good idea to ask judge for VD before the hearing ? Does court wait time counts as illegal stay ? So much confusion. Im applying for n 400 in few weeks. Plz help

    Susan’s Answer

    You need to show the NTA to a lawyer who does removal defense work asap. Call some immigration lawyers and tell them the facts of your case. Although some will tell you to pay for an in person consult, many will give you a free consultation on the phone. You will need your wife's entire immigration history and the NTA in front of you while you call. At this stage, it is very important that you not make the wrong decision. Start calling asap... do NOT wait until the last minute.

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  • Can I take a lowyer to the citizenship interview?

    Just want to feel safe

    Susan’s Answer

    Yes, but the real question is why will taking a lawyer with you make you feel safe. What is it that you are most worried about. If you take a lawyer with you, make sure you do not enter the building until your lawyer arrives. Secondly, ensure your lawyer thoroughly familiarizes him or herself with your N-400 application and any associated documents. Your lawyer should also ask you about your entire immigration history, going all the way back to your original entry. Your lawyer should prepare you for the interview by explaining what exactly is going to happen, the different adjudicators at your office and their "styles," and then quiz you on the naturalization exam. You also need to tell your lawyer if you have any disability or are on any medications. Remember to tell your lawyer what you are most nervous about. A good lawyer will make you feel safe, protected and PREPARED.

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  • 2nd fingerprint notice sent

    my friends naturalization case is still pending after her interview, dicision was not made yet. now she got 2nd notice for fingerprints, does it mean that she will have an answer soon? will she have another interview? thanks

    Susan’s Answer

    • Selected as best answer

    If the last fingerprints (biometrics) were done over a year ago, then USCIS will ask for an updated set of fingerprints. Does asking for a second set of fingerprints means she will have an answer soon? No. Will she have another interview? It depends on whether or not she has any issues that would impede her ability to naturalize. Why did it take so long for her to get her interview in the first place? Is there someone in her family who is being investigated for immigration fraud? Was your friend ever arrested? Did she ever register to vote? Was there a problem with her original application (for example, did she have a "bad I-9" where she claimed to be a U.S. Citizen in order to be able to work?). If she doesn't hear back for a while, she can ask what the status of her application is at the USCIS office. If they say "background checks" then it is likely some kind of investigation. Try to find out if ICE has her file or if USCIS still has it. If ICE has the file, she is being investigated and she needs to get a good lawyer asap. Naturalization cases can be subject to "background checks" for years and years. If hers goes on this long, her lawyer can file a Mandamus action to force the government to make a decision but that decision could be a denial (and deportation if there is something in her past that would render her deportable).

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  • When i translate my birth certificate to english do i need to certify it?

    this is for a petiton for alien relative

    Susan’s Answer

    Please see the below weblink for a "Certificate of Translation." As the attorney above stated, you may not translate your own documents. Get a friend or someone else to translate the document for you. Then, have the translator fill out, sign and attach the Certificate of Translation to the original document and the translation. Good luck!

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  • Please help is my brother a citizen


    Susan’s Answer

    These are the questions a qualified immigration attorney will ask you to determine whether you are able to prove derivative citizenship:

    1. Were your parents married either before your brother's birth or afterwards?
    2. Is your father's name on your brother's birth certificate?
    3. What is your brother's date of birth?
    4. Did your mother ever become a U.S. Citizen?
    5. Did your U.S. Citizen parent/s live in the United States for at least 10 years or 5 years (depending upon how old your brother is), and how many of those years living in the U.S. were between the ages of 14/16-28 years? How many after 14/16?
    6. Was either parent in the U.S. military?
    7. Did your U.S. Citizen parent/s ever take action to claim any rights to your brother? If yes, what?
    8. Was there ever a court order regarding your U.S. Citizen parent's relationship to your brother?
    9. Did your U.S. Citizen parent/s ever agree to financially support your brother in writing or by court order?
    10.Was the court ever involved in the relationship or support of your U.S. Citizen parent to your brother?

    All these questions need to be answered and documented in order to prove a derivative citizenship case. You need to act quickly and when I say quickly, I mean you need to have an immigration attorney ready to appear on your brother's case before he signs or agrees to anything with immigration and most certainly before his next court hearing in immigration court. You also need to have an immigration attorney work with the Public Defender in case your brother is not a U.S. Citizen, to see how to lessen the immigration consequences to any criminal conviction.

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  • Filed COS from H1 to H4 2 weeks check is not Cashed yet and did not recieve a reciept, Can i apply for pp for i539

    I have applied for COS from H1 to H4 two weeks ago. I am concerned beacus my check is not Cashed yet and did not recieve a reciept.

    Susan’s Answer

    Two weeks is too soon to begin worrying. After four weeks, I would worry. But, that being said, no, premium processing is not available for I-539s.

    However, you may request "expedited processing" for any matter. The criteria for an expedite request are listed here but note that when they say "extreme" they mean EXTREME.

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  • My husband and I have been together for 4 yrs. and married for 2 yrs. What are the possibilities of him becoming legal?

    I am a US citizen born in Puerto Rico is there anyway I can sponser him?

    Susan’s Answer

    Yes, you may sponsor him. Whether he can become legal depends upon how he entered the country and if he has any "strikes" against him that would prevent the process from going forward (e.g., certain crimes either in his home country or here). And, even if he did enter illegally or he has a "strike" against him, there are waivers for certain situations available, especially if you have children together and they were born in the United States. Because of the current hostility towards illegal aliens, if he is able to become legal, you really need to do it asap. Additionally, the law may change at any time, making it difficult or impossible to become legal. You want to become legal now, if you are able.

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  • I have a social security number, can I work in the U.S. with a P1 visa

    I wanna know If I can work in USA with type visa P1 because I have my social security?

    Susan’s Answer

    Having a social security number does not authorize a foreigner to work in the U.S., the visa or Employment Authorization Document (EAD) does. P-1 Visas are for individuals who is are internationally recognized professional athletes or members of an entertainment group. The P-1 visa holder is authorized to work or perform only as described in his or her P-1 visa application and only for or on behalf of the P-1 visa petitioner.

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  • I am trying to become a US Citizen, but I need to get a copy of my restraining order? It was over 13 years ago? What do I do?

    Year was 1996. Wife filed against me when I took a car that was in her name. Car was returned. No criminal charges. We were separated at the time.

    Susan’s Answer

    Call the Clerk of the County in which the restraining order was granted. The County Clerk should be able to tell you how to obtain a copy of the documents relevant to the Restraining Order.

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