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Ksenia Alexandrovna Maiorova

Ksenia Maiorova’s Answers

1,947 total


  • What do I need to do?

    my son is in prison for drug use, the judge would not put him in rehab. we have lived in the usa since 1985. they have an ice hold on him now. do you think it is still possible for him to be allowed to stay here. he also has a baby

    Ksenia’s Answer

    Immigration law takes a very harsh position on drug convictions, and the exact consequences depend on the exact wording of his record of conviction, however, even minor drug offenses can cause even a Lawful Permanent Resident to be deported. You did not mention what status, if any, he has in the US. It is absolutely critical that you consult with an immigration attorney immediately. You will need to bring the record of conviction for the immigration attorney's review. This will include the police report, the charging affidavit/information, and the final disposition. Without these documents, no attorney can reliably tell you whether your son will be deported. You have a very limited amount of time in which to act, since the law sets limits on things like vacating convictions. Be sure to hurry!

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  • Can I go personally to the nearest USCIS office to fix this? Do I need to have my birth certificate notarized?

    I am a us residente since 1996. I just found out that my birth certificate says 1967 and because an error in my country or at USCIS, that I knew nothing about until now, my Greencard was issued with an error on my year of birth. I just need to cha...

    Ksenia’s Answer

    You need to file Form I-90 to address the error on your green card. This cannot be done at your local Field Office. You must follow the instructions on Form I-90. If you are having trouble with the instructions, consider hiring a lawyer.

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  • Can I apply for citizenship without changing my name on my permanent residency card to cut costs?

    Just got married almost a year ago. Changed my name at the social security office as instructed by the florid DMV. The DMV then tells me I need to change my permanent residency card in order to change my name on my drivers license. The DMV told me...

    Ksenia’s Answer

    I see a couple problems here, not the least of which is that the DMV thought that you were a citizen. Why did they come to that conclusion? If you represented yourself as a US citizen, you could be deported. I think what name is on your driver license should be the least of your worries at this time. You would be wise to consult with a lawyer.

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  • Which visa ( immigrant or non-immigrant ) I can apply for starting a business in USA ? I have never been to USA.

    I have never been to USA. But I plan to start business in USA. Say opening a restaurant and a salon. Any visa ( immigrant or non-immigrant ) which I can apply ?

    Ksenia’s Answer

    The answer to your question will depend on quite a number of factors, including but not limited to your country of citizenship, whether you already have a business abroad or you are employed in a managerial capacity in a business that plans to open an affiliate in the US, how much money you have to invest, and details of your business plan. A variety of options may be available, including the L visa, E visa, EB-13 or EB-5, however, a consultation with an experienced immigration attorney would be very helpful in determining which of those options is available to you and best fits your personal and business goals. I would recommend that you hire someone with experience handling investor/business immigration cases and someone who is well-versed in corporate law and accounting, as these issues tend to come up in the course of your immigration case.

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  • My parole is expired from 20 years ago (from Cuba). Can I apply for Permanent Residence based on Cuban nationality?

    I entered to the United States 20 years ago from Cuba. I was admitted and paroled by the officer. My parole is expired. I have only my Cuban's birth certificate. Can I apply for Permanent Residence based on Cuban nationality?

    Ksenia’s Answer

    You should be eligible to get your green card under the Cuban Adjustment Act, however, a comprehensive review of your case is required to determine whether any potential grounds of inadmissibility apply. It is best to have your specific facts reviewed in private by an attorney.

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  • Vawa been approved, can I expect to get the green card without an interview?

    My ex is an USc and my vawa was approved but without any EAD ever issued to me, i m thinking is it possible that I might be issued the green without an interview or all green cards are issued after and only after an interview? Also, the green card...

    Ksenia’s Answer

    Did you file an I-485 and I-765 with your VAWA application? If not, that could explain why you did not receive an EAD while your VAWA was pending. A green card is not automatically issued to VAWA applicants. They must apply for a green card by filing an I-485, either concurrently with the I-360 (if they are eligible), or later, after the I-360 is approved. All VAWA-based applicants for Adjustment of Status can expect to get interviewed, however, the law and regulations prohibit the officer from asking questions about the abuse. It sounds like you could benefit from hiring a lawyer experienced in handling these types of cases.

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  • Marrying a US citizen while pregnant with another man's baby

    Need help! I started dating a new boyfriend who is US cuban citizen and a couple of months later i found out i was pregnant (3 months) from my ex boyfriend. Regardless of this my new boyfriend proposed marriage to me so i stay in US (i am canadian...

    Ksenia’s Answer

    I have handled similar cases with successful outcomes when the second relationship was bona fide (meaning that you are not with your current boyfriend solely for the purpose of getting a green card through him). In my cases, the new boyfriend signed the birth certificate when the child was born and although biological paternity was disclosed, he made it clear that he was going to raise the child as his own due to the relationship with the child's mother.

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  • What kind of trade is required to get a e1 visa? Can it be marketing services, internet sales, call-center, SaaS and such?

    Hello, I'm both an Israeli and Russian citizen and I run my own small business in Russia now. I want to move to the USA and to start up a business there as well. I've considered different variants like eb5 or l1a->eb1c but they all seem too expe...

    Ksenia’s Answer

    Israel is a notoriously tough jurisdiction for E-1 applications, so it is important that you work with a qualified and experienced lawyer. A variety of trade-based businesses can work for an E-1 treaty trader visa, however, as my colleague correctly noted, the trade must be "substantial" and must be between the US and the treaty country. The trade may be in goods or services, however, as a practical matter, trade in goods is an easier "sell" to the consulate there. I see some potential issues with your plan. First, you want to do this on a budget. Unfortunately, investor visas are complex, and you will need to set aside a good amount of money for the services of an experienced immigration attorney. If you are new to doing business in the US, you would also be wise to hire a corporate attorney, business plan writer, financial advisor and a tax lawyer (do you want to start getting taxed on your world-wide income?). Doing this the correct way is going to cost you money, and a substantial amount of it. I often see people who tried to skimp on professional sesrvices in getting their investor visas and the result is that both their immigration case and their business is an irreversible mess. The second issue is that you want to do this with a minimal number of employees. That's simply not going to work for many types of businesses and the E-1 visa is not designed for self-petitioning, so you do need to have plans in place to hire more than just yourself and your wife. Finally, you don't seem to have a good business plan in place. While lawyers may evaluate a specific business for investor immigration suitability, you are not going to get reliable advice on theoretical business ideas. It's important to see the business structure, historical and/or projected financials, personnel plan and specific business objectives before opining on the suitability of a given business for E-1 purposes.

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  • Can Coa : cr6 file benefit to join or 130 for children under 21 outside the country . Which is better and faster

    Thank you all for all the topic here . I have a heist ion if you recieve an adjustment under Coa : cr6 can you bring your under 21 children under an application for benefit to follow instead of an 130 to make it faster ? Would please want to kn...

    Ksenia’s Answer

    There is no derivative status for CR6; this code relates to an immediate relative petition. Only those who fall within the priority quota-based system may have derivatives, and only those who are eligible for derivative status are eligible for following to join benefits. Therefore, these children are not eligible for following to join. If they were under age 18 at the time the marriage between their parent and the US citizen took place, the US citizen step-parent can file for each of the children. The process will take about 7-9 months.

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  • If we were to get married, would that affect his processing? Would it potentially speed it up? Or should we just wait?

    Hi, I am a green card holder and my boyfriend is waiting to hear about his green card. he was filed for by his brother. and I believe his priority date is a 2008 date. I am about 2.5 years away from being eligible to apply for citizenship. He has ...

    Ksenia’s Answer

    In order to adjust status in the US, one generally needs to be in status. There are exceptions for immediate relatives of US citizens and for people who qualify for 245(i). If your boyfriend is already out of status, he will not be able to adjust status through his brother anyway. Having a plan B with immigration is never a bad idea, so my advice would be for you to get married and for you to file an I-130 on his behalf. You do not need to be a citizen so sponsor your spouse, however, the spouses of LPR's do wait longer than spouses of US citizens.

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