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Ksenia Alexandrovna Maiorova

Ksenia Maiorova’s Answers

1,981 total


  • What legal actions could I take if my employer is refusing to pay the required salary for my H1B visa

    My h1b visa got approved as a business developments specialist two weeks ago and the salary required was agreed at 45k. my employer is refusing to pay the required salary and he is saying he can't pay that much money and wish me the best at whate...

    Ksenia’s Answer

    You can file a complaint with the Department of Labor. Due to the fact that the terms of your LCA were not complied with, you may have lost your immigration status as a result. However, depending on the unique factual details of your case, this abuse by your employer may qualify you for a U-Visa and eventually a green card, if you are willing to report it and cooperate with the authorities in investigating the violation. I would recommend that you consult privately with an experienced immigration attorney, specifically inquiring as to that person's experience with U-Visas. Good luck!

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  • Can this be a problem at the time i file the petition for him or it wont be a problem since its stated that i was born in the us

    Im a us citizen i got married in mexico 3 years ago i have a daughter she already has her CRBA i want to move with them to the us but my husband doesnt have papers i have to file a petition for him but in our marriage certificate it says that i wa...

    Ksenia’s Answer

    A valid original birth certificate should be sufficient proof of your status as a citizen of the US for the purposes of filing a family based petition for your spouse. If you are not presently domiciled in the US, you may need to establish domicile first for the purposes of the affidavit of support. I would recommend working with an experienced US immigration attorney to avoid common pitfalls that can result in the delay and denial of your case.

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  • Can I apply for my Green Card normally or is there a special form I would need for my situation? (F1 to Green Card, Marriage)

    Came to america as a tourist and changed my vida to an F1. I'm still in school with an F1, however I got married last year to a U.S. Citizen and would like to apply for my green card/residency. My school made it seem as if it would be difficult fo...

    Ksenia’s Answer

    I would not agree with the school's analysis. Wrong advice is a common problem when it comes from someone who is not an attorney. You can adjust status from F-1 to a green card, while in valid F-1 status. The details of your case should still be analyzed by an experienced attorney, but this can certainly be done.

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  • When her two years permanent resident expires ? isthere another way that she can get her10 years P resident card without my help

    My wife left home a month ago. I cheated on her a year ago she forgave me and then she cheated on me a month ago. I tried to get her back I told her to start over and forget everything but she didn't want to. She came to this country in December 2...

    Ksenia’s Answer

    Yes, the law allows several exceptions to the joint filing requirement. Whether any of those apply to her specifically is impossible for us to tell without a comprehensive review of her case. If you're asking this because you would like to have her deported, this is not something you have the power to do.

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  • - Is it OK to find and join another similar job or wait until GC comes? Can I Uber or do my own? - Can my wife work?

    Situation - - Employer sponsored EB1 on L1A. - Received EAD for family. - Employer laid off due to staff sizing. L1 is valid until end of year though

    Ksenia’s Answer

    I'm not sure why you expect to receive a green card if you have been laid off from the petitioning company. This also means that you no longer have L-1A status, since that is also tied to your employment in a managerial or executive capacity at that company. You would be wise to meet with an experienced immigration attorney right away.

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  • This kind of operations is correct and don't a problem when i postulate to obtain visa e2?

    I need an Itin to open an lcc company, But i have to wait 4/5 weeks to obtain it and then open the llc company. In while i can purchase goods for the company as personal and then move them into the company?this kind of operations is correct and ...

    Ksenia’s Answer

    E-2 requirements are extremely complex and you are asking questions that indicate that you could really benefit from attorney representation in the process. I've seen many E-2's that were incorrectly prepared by inexperienced attorneys, and even worse outcomes from self-handled E-2 filings. If you want to do this correctly, my advice is get professional help. An experienced immigration attorney with a solid business background should be able to understand the issues and give you proper advice.

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  • I want to create a new company in Miami, How can I do this?

    I have a B1/b2 visa

    Ksenia’s Answer

    It's fairly easy to set up a company, but the better question is, are you trying to work for that company? If so, you will need employment authorization in the US, which you cannot have on a B2 visa as a tourist, therefore you would be wise to consult with an immigration attorney regarding your options.

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  • Can .

    A felony for crime that does not involve moral turpitude, can it be use for re-entry under 1326(b)(1)?

    Ksenia’s Answer

    The immigration consequences of criminal convictions are very case-specific. No attorney can give you reliable advice without first reviewing your immigration history and status and the record of conviction for the criminal case. You should obtain your criminal record documents, including the arrest report, charging document and final disposition and have them reviewed by an experienced immigration attorney.

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  • Can I apply to permanent residency via my employer after divorce?

    I submitted residency paper via my wife and I got work authorization card but we haven't got the interview. So, we decided to divorce. If we do, then obviously I don't want to pretend like we are together during the interview and I want to drop my...

    Ksenia’s Answer

    You most certainly should not lie to immigration officers during your interview, or at any other time. This is considered fraud and will adversely affect your options for immigration in the future. You may be able to get your green card through your employer, but that will depend on what status you are currently in and when it expires, what position you are being sponsored for, and whether there is a visa available for this type of employment based immigration at the time the underlying petition is approved. I would recommend that you work with an experienced lawyer.

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  • Do i need a divorce lawyer or do i need a immigration lawyer

    I am married to a us citizens and i have my 2 years green card and we are now separated and my green card will be expired in February 2017 and i want to get a divorce

    Ksenia’s Answer

    If you are no longer living with your spouse, you should discuss your options with an immigration attorney. If you married your spouse in good faith but later divorce, the law allows you to get your conditions removed without your ex-spouse's participation in the process. This is called a waiver of the joint filing requirement. The good news is that a 751 waiver can be filed at any time, whether before your status expires, or after. Therefore, as soon as you have the final decree of divorce, you should go ahead and file. If your divorce is taking a long time to resolve and the expiration of your green card is approaching, there are strategies that you and your attorney can work out to make sure that you have evidence of status. I would recommend that you consult with an experienced immigration attorney regarding this matter. It would also be wise to consult with a divorce attorney to see what rights you have under family law. Good luck!

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