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Robert Louis Brown

Robert Brown’s Answers

8,583 total


  • Do I have to file the I-130 and I 485 together or can I file separately?

    My wife entered the USA in Aug of 2015, we were married December 15 of 2015. She came with her child (9 years). Her I-94 expired Feb 27, 2016 so we are still within the 180 days. Financially I do not have enough to file both at the same time. Is i...

    Robert’s Answer

    To obtain employment authorization, SS card, driver's license you need to file I-485 along with EAD application. The may be filed with I130 or after

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  • I485 pending from more then 120 days

    We had interviewed on mar 8 this year after that we got rfe but we respond to that quickly but no response from uscis after that but today I received a phone call from immigration that my file is sent for security and background check again so any...

    Robert’s Answer

    It may take a few weeks to a year or more. Not much to do except wait.

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  • Hi. I got a H1B transfer RFE on july 15 and its been 7 Business days but my employer says he has not received the RFE details.

    I got a H1B transfer RFE on july 15 and its been 7 Business days but my employer says he has not received the RFE mail yet. How many days it would take to get the RFE.

    Robert’s Answer

    A few days to two weeks. If it goes longer call for a duplicate

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  • Can I use just one or both last names? Form I-129F

    My fiancée is Latin and has two last names (First name, paternal last name, maternal last name) and also on her passport because it is her legal name. Is it best to write just the paternal last name on form I-129F and other forms and just explain ...

    Robert’s Answer

    Best to be consistent. Use the passport name.

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  • I'm 17 and entered the u.s illegally, I have order of removal from the country.can my husband petition for me?

    I'm 17 and entered the u.s illegally, I have order of removal from the country my husband is 19 and a permanent resident can he petition for me ??

    Robert’s Answer

    Yes your husband made petition for you. The problem for you is eligibility to adjust status in United States. Recommend that you contact Immigration attorney to determine the best path for you to pursue.

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  • How to file an I-485 when wife has U-visa?

    I am a citizen through naturalization and would like to file adjustment of status for my wife, she has a u-visa since 2015, will i still have to do a i-765 since she already has a work permit valid until 2019? Also we have been living together sin...

    Robert’s Answer

    As a US citizen you may file a petition for your spouse and based on an approved petition as your spouse, she may be eligible to adjust her status to lawful resident. The two may be filed concurrently if she is eligible to adjust status. before proceeding meet with an immigration attorney..

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  • Can i?

    My niece and nephew are here in the US on vacation and and they wanto to live and go to school. Can i sponsor them since i am a citizen of the US? one is 10 yrs old and 13 yrs old.

    Robert’s Answer

    They can enroll in a private school authorized to accept foreign students. You may sponsor them. You may also file a petition for your sibling and eventually the family migrate to the US.

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  • Is it possible to take an unpaid vacation of one week inside US while on H1-B visa?

    On H1-B visa, is one allowed to take one week of unpaid vacation if the approved holiday days are over? If the travel is domestic and not international, as internationally, time is not counted against H1-B visa status. Your comments would be re...

    Robert’s Answer

    As long as the requirement of meeting the prevailing wage is met by your employer it is okay.

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  • What can I do if I cannot fill out an Affidavit of Support for my husband?

    I'm a little confused at this point..... I just paid the NVC fees, just waiting for them to process. Apparently I'm supposed to fill out an I-864 form to show that I can support my husband financially, but I cannot. My husband is the one who works...

    Robert’s Answer

    You will need a cosponsor if you do not have sufficient income. You should find legal assistance to take you through the process, it is important and you need to get the immigration issues behind you. if you cannot afford to pay find pro bono assistance.

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  • What are my chances to get approval if my H1 transfer is filed in normal premium processing?

    I am on H1 B Visa and my i797 and i94 is valid till August 2017. I got terminated within one day notice and my last day at job was June 30 2016. I got a new job last week and they filed the labor and the labor got certified today. The employer...

    Robert’s Answer

    You should obtain a decision before you have 180 days in the US of unlawful presence. if the decision is not to grant the H-1b then you will need to depart and obtain the H-1B at a US consulate outside the US. Since you are not in status it is unlikely that you will be approved for a change of employer in the US.

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