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Maud Poudat’s Answers

124 total


  • What can be done if a person is married to a US citizen, but didn't come in legally?

    A family member is marrying a US citizen, but she came in to the US through Mexico without inspection. I've heard this creates a problem, and she can't get her green card because of that, or has to go back to her country to apply there. Is that tr...

    Maud’s Answer

    Adding to what my colleagues have already mentioned, before considering to file for an I-601A waiver, is the issue of multiple reentries to the U.S. which may trigger a permanent bar upon leaving the country. So yes your spouse may or may not be eligible to apply for a green card in the U.S. depending on the narrow exceptions raised by my colleagues. In most likelihood, if that person is not, and you are considering to file for the waiver of the 3 or 10 year bar (601A waiver) so the person can come back with the immigrant visa after having gone through the consular process via Ciudad Juarez, you MUST check if the person came in illegally multiple times and was perhaps caught on those occasions also. In any instance, you should hire a lawyer to assist you with this very complex matter.

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  • I864

    hello ia m filling for green card, so i file my taxes for 2015 with my wife jointly ,so now do i use this tax return transcript to show her income ? knowing i have joint sponor because my wife doesnt make enough money, and i am trying to use 2...

    Maud’s Answer

    more than likely you will need a joint sponsor then because you cannot use your income to qualify. They will look at her W-2 or 1099 for the year 2015 which should match the adjusted gross income on the tax return.

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  • How much is an average lawyer's fee for this type of service & how to choose the best one?

    Hi! I'm interested in obtaining an O-1 visa. I have a confirmation by another lawyer, that I will qualify and most likely succeed.

    Maud’s Answer

    In terms of how to choose which attorney you want to hire, there are a few things to search for, like any other type of professional: how comfortable you feel with that person; experience in the field of not only immigration but in the types of visas this attorney has handled and perhaps specialize in (O visas in your case); the competency of that attorney which can be searched through the internet via reviews, board certification, contribution in the field; and last, the fees the lawyer charges, which can vary according to the location and all of the above.

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  • I came to US 11 years ago with K1 visa but never had chance to married.and I applied for political asylem on that time.

    i have a appeal case for almost 2 years now.and I am waiting for immigration decision.but I had married 6 months ago.what I have to do now?waiting for the decision or applied as the married.my wife is US citizen.

    Maud’s Answer

    It appears that your new spouse is not the original petitioner on your K-1. If you never married your petitioner then you cannot adjust through this second marriage.
    Maud Poudat
    Attorney-at-Law
    Board Certified in Immigration
    and Nationality Law

    Law Office of Maud Poudat, P.A.
    2816 E. Robinson Street
    Orlando, Florida 32803
    Ph: (407) 373-0994
    Fax: (407) 386-3442
    Web: www.mpoudatlaw.com

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  • My wife is Swiss and her 90 day vistor visa will expire soon. How long must she remain out of the USA before she can re-enter?

    Thank you

    Maud’s Answer

    • Selected as best answer

    Yes, there is no set time frame on these. Technically, they allow consecutive entries but it all depends if she can establish that she is not coming here to stay permanently, whether you have already filed a petition for her to remain here in the States, prior entries, etc...

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  • Could somebody pls let me know how my husband can remove his detainer?

    my husband is currently taking his last year of his 5 years, due to medicare fraud. he is incarcorated in McRea, GA since he was a green card holder. They are processing his immigration now, has been infront of the judge twice, 1st time he was rec...

    Maud’s Answer

    He is more than likely mandatory detention due to his criminal conviction. He will therefore not be able to get released during this process. He should also apply for all forms of relief available to him because you do not know which one the judge will deny or grant.

    Maud Poudat
    m.poudat@mpoudatlaw.com
    www.mpoudatlaw.com
    407-346-9913

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  • We entered USA more than 11 years ago with B1/B2 visa,is there any options or possibilities to get Green Card?

    Soon when we found out that we were expecting our first son(we have 2 sons,they both US citizen),we decided to stay and applied to waive our visa,got rejected.A year later we got a job as custodian in our church and the church had tried to sponsor...

    Maud’s Answer

    There are no options for you at this time unfortunately but to leave the U.S. and apply for some other visa with a waiver (pardon) for your overstay. You can wait for your children to sponsor you for permanent residence after they turn 21 years of age. If you are placed in removal proceedings, you may be able to apply for cancellation of removal as non-permanent residents since you have two U.S. children. However, the standard is high and such relief is rarely granted based on ordinary circumstances.

    Maud Poudat
    m.poudat@mpoudatlaw.com
    www.mpoudatlaw.com
    407-346-9913

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  • In the past i've overstayed in the US, can i go back as tourist?

    Hello my name is Gianluca, i'm an italian citizen. in the year 2000 i came to the US as turist, i've overstaid and in the 2002 i've got married with an american citizen, obtained social security number and work permit. Then, before the final green...

    Maud’s Answer

    Additionally, the Consulate may look into your previous marriage whether it was entered into in good faith. You will more than likely need a waiver of inadmissibility because you have overstayed your status for more than 1 year prior to applying for your adjustment of status. Contact me with any questions about applying for a 212(d)(3) waiver.

    Maud Poudat
    m.poudat@mpoudatlaw.com
    www.mpoudatlaw.com
    407-373-0994

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  • I just got my greencard(GC) My spouse is on F1 visa. Now if she files GC through me,In how many years will she get greencard(GC)

    Or will it be better , she applies for Green card after I get my citizenship? which way will be faster and easier?

    Maud’s Answer

    It always takes longer for the spouse to obtain the permanent residence (GC) if sponsored by a green card holder spouse. However, i would still file for her now as you are going to wait another 5 years to apply for your citizenship. If you file the petition for her now, it will take about 3 years for the priority date to become current (for her to file for GC).

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  • When can i file my naturalization if i got my green card through VAWA.? Maria

    I got my green through I-360 Amerisan VAWA , on 2008 can i file for my naturalization this year

    Maud’s Answer

    If you obtained your green card through marriage to a U.S. citizen who was abusive then yes you should be able to. If he is still a green card holder then probably not. Consult with an experienced immigration lawyer to make sure you are eligible.

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