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Ksenia Alexandrovna Maiorova

Ksenia Maiorova’s Answers

1,975 total


  • How to close my Asylum case?

    Currently I have a master court date about my removal proceedings. I do have an active Asylum case awaiting for and interview date, which is not set yet. Meantime I got married to a citizen and she applied for I-130 for me. Is it okay to have 2 ca...

    Ksenia’s Answer

    You would need to have your I-130 approved first. When you marry a US citizen while you are in proceedings, it is much more difficult to prove that your marriage is in good faith - that is, not solely for a green card. If your I-130 is approved, you can proceed with either adjusting status in Court (sometimes the quickest option in Orlando) or asking for your proceedings to be terminated so you can apply for adjustment of status with USCIS. In either scenario, it's important to have a good local lawyer on your side.

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  • Can I sponsor my step daughter

    She is 24 years old and i would like to know can i sponsor her or how long will her dad has to be a permanent resident to file for her

    Ksenia’s Answer

    In order for you to be considered a step-parent under immigration law, and be able to file a family petition for her, the marriage between you and her father must have taken place before she turned 18. If it took place later than that, you will have to wait until your spouse is a permanent resident, and he can then file for her, provided she is not married. If she is married, the father will have to become a citizen before he can file for her. After the petition is filed, whether by you or your spouse, your step-daughter will have to wait several years before she will be able to get her green card. There are strategies that can be implemented to minimize some of the separation time, so be sure to schedule a consultation with an experienced immigration attorney to review your options.

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  • L1A denied

    I came to US on L1A to new office. It is done and I hired two employees for new office. I'm the owner and CEO of this US LLC. My L1A extension has just been denied. I have not received the denial notice yet but I just need to know what are the pos...

    Ksenia’s Answer

    Without seeing the actual wording of the denial notice, I can only speculate as to the reasons or your denial, so please understand that this comment is still subject to the review of the individual details of your case. That said, an initial L-1A visa is fairly easy to get, as long as you have established to the satisfaction of the US government that you were a manager/executive in a foreign company for at least a year of the last three and you have a decent business plan for the development of your US affiliate. However, an extension is subject to much more scrutiny. They want to see what you have done, and, importantly, that you perform managerial or executive functions and that the business can support a managerial/executive position. The biggest mistake I see with L1-A extensions filed without an attorney, or by an inexperienced attorney, is that the management structure of the new business is set up incorrectly and the manager executive performs nonmanagerial duties. There can be other issues, including issues with the financials or issues with the relationship between the US entity and foreign entity, but the denial based on the fact that you have not established managerial duties is by far the most common. Depending on how much time you have left on your initial L-1A, you may technically be able to file for an EB1, however, I would NOT recommend it. The green card is much tougher to get than even the extension, so if you are denied an extension, your chances of getting the green card, without first making some significant changes to your business, are close to zero. If you are serious about getting this approved, find an experienced attorney in your area with a proven track record of winning these types of cases. Be prepared to spend money to make the required changes to your business, including possibly hiring new employees. Good luck!

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  • Can I get married using my foreign citizenship while being a US citizen and still be able to claim my spouse?

    I am a naturalized US citizen but i will get married in Bolivia where my future spouse resides. The process seems easier is I just do it as a Bolivian citizen so I wonder if this will pose any issues when I file a I-130 Immigrant Petition for my s...

    Ksenia’s Answer

    As long as your marriage is valid under the laws of the country where it was concluded, you are eligible to use that marriage as the basis for a family-based petition.

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  • How to immigrate to the US?

    I live in Australia and would like to migrate to the US. How do I get a visa?

    Ksenia’s Answer

    You have not provided any information regarding yourself, other than your nationality. This is, unfortunately, not sufficient to conduct an analysis of your immigration options. US immigration laws provide for a limited number of pathways to permanent residence, and each of them has its own very specific criteria. When a potential client asks me this question during a consultation, it takes a minimum of one hour for me to obtain the relevant facts and history from them and to discuss the options, if any. Please be aware that there are people who may not be eligible for immigration at all, either because, as a preliminary matter, they do not fall within the categories of immigrant visas to the US, or because their personal history involves a disqualifying factor, such a conviction for certain types of crimes. If you are serious about exploring your immigration options, your best bet is to sign up for a private consultation with an experienced US immigration attorney. Many of us offer Skype consultations for individuals who are located outside the US. Good luck!

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  • Can I file EB2-NIW and I-485 with Advance Parole Status?

    I am asylum pending. If I go out of country with my advance parole and come back, my status will be Advance Parole. Then can I file EB2-NIW and I-485 with Advance Parole Status?

    Ksenia’s Answer

    You may be able to, but more facts are needed to make a specific determination of eligibility. I would encourage you to consult privately with an experienced attorney.

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  • MY BOYFRIEND HAS BEEN IN THE STATES FOR ABOUT 9 YRS ILLGEALLY AND WE ARE IN THE PROCESS OF GETTING HIS IMMIGRATION PAPERS

    BUT STILL MARRIED IN MEXICO AND WANTS TO GET A DIVORCE TO PROCEED WITH THE IMMIGRATION PAPERS SO WE CAN GET MARRIED WHAT CAN WE DO

    Ksenia’s Answer

    Before your marriage to your boyfriend can be considered legally valid, you both will need to terminate any other marriages, regardless of where in the world they happened. If you marry while he is still married to his spouse in Mexico, not only is your marriage invalid, but you will be committing bigamy, which is a crime in many states. In order for this process to go smoothly, you need to have him divorce, then marry you, then file for immigration benefits.

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  • Does the Eligibility For Provisional Unlawful Presence Waiver Process Extended to the sibling category?

    My sister filed for me in 2001 but my case was denied because I had an attempted check fraud foreign conviction. The interviewing Officer at the time asked me if I had a wife, parent or child who is a USC or green card holder that I could file a h...

    Ksenia’s Answer

    You are not eligible for the provisional waiver because you are outside the US. Your sister's petition cannot be denied due to criminal matters, so you have some misunderstanding of the procedural history of your case. You could have been denied adjustment of status, but not the family petition for those reasons. In the US Presidents cannot "abolish" laws. Changing the law requires that the bill passes both houses of Congress. In my opinion, it is extremely unlikely that this particular provision of immigration law will be changed any time soon, if ever.

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  • It's about visa waiver program can I switch into any other categories

    Hi ! I am British citizen been to USA with my family last year ,having spent three weeks and gone back to UK . I been to Davie Florida, it's been amazing tour of my life I really liked it , we had visited to my brother in law in Davie Florida. He ...

    Ksenia’s Answer

    One of the restrictions of the Visa Waiver Program is that you cannot extend or change your status while in the US. You are not allowed to work while in the US on the Visa Waiver Program. Doing so would be a violation of status. It's also not a given that if your relative wanted to sponsor you for a work visa, that you would be eligible. These are things I would recommend you discuss in private with an experienced immigration attorney.

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  • When can I apply for my permanent Resident Card?

    I entered the Country on January 30th 2015 with at CR1 visa after being married for a year an and a half. So I got a temporary 2-year Resident card that will expire in January 2017. My husband and I want to go on vacation in January 2017 out of c...

    Ksenia’s Answer

    If you and your husband are still living together in a viable marriage, and will be filing a joint petition, you must file in the 90 day period before your 2 year card expires. Within a couple weeks of filing, you will receive a letter that extends your status for another year, while USCIS adjudicates your case. This letter, together with your expired green card, is your proof of authorization to work and travel. I-751 petitions take anywhere from 10 months to a little more than a year to adjudicate these days so you will have to wait for a while. One thing you should be aware of is that USCIS has been denying a lot of these cases for a "lack of financial co-mingling". Interestingly, this is not a requirement in the law, but they are using official sounding boilerplate language to deny cases that under applicable law should really be approved. I would recommend that you work with an experienced attorney to help maximize your chances of success.

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