Archived
Does everyone have to file a I 485 for an immigrant spouse to come here or to stay???
Robert's answer
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Answered on December 16, 2015
When the foreign national spouse is outside the US the I485 is not appropriate, you use consular processing.
Archived
Wanting to marry..............and quickly
Robert's answer
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Answered on December 16, 2015
You need to contact a domestic relations attorney.
Archived
Will I be able to stay & work in US when the decision on my spouse's L1A is being made; given my EAD would expire on May 1st.
Robert's answer
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Answered on December 16, 2015
Extension is permitted with timely filing, however, need to have EAD approved before continuing employment after initial EAD has expired.
Archived
How much time it will take?
Robert's answer
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Answered on December 16, 2015
You can estimate based on the priority date and the visa bulletin. You likely have a 10 year wait or more.
Archived
Can I travel outside the U.S. after applying for pre-completion OPT while the application is pending?
Robert's answer
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Answered on December 16, 2015
Speak with your schools DSO and if the DSO is unable to assist speak with an immigration attorney.
Archived
Do I need to get a new stamping ?
Robert's answer
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Answered on December 16, 2015
You do not require a new visa. Bring evidence of valid status.
Archived
How will the interview situation work when both my spouse and I live in different states?
Robert's answer
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Answered on December 16, 2015
You will need to establish a Bona fide marital relationship. Many couples have valid reasons for temporary separation yet maintain a Bona fide...
Archived
Can I still patition my husband even tho he violated title 8 code 1326?
Robert's answer
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Answered on December 16, 2015
No. He likely has a 10 year bar that cannot be waived. Meet with an immigration attorney and review completely.
Archived
What counts as "unlawful presence"?
Are they subject to a 3-year ban or a 10-year ban from re-entry into the US?
Robert's answer
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Answered on December 15, 2015
See an immigration attorney as determination of unlawful with presence time is not easily calculated in most situations. Sine there may be more...
Archived
Can I get clarification from USCIS re: active re-entry bans through FOIA request? If not, is there any other path to get this?
Robert's answer
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Answered on December 15, 2015
You can calculate by the amount of time they spent in the US unlawfully before departing. Not sure contact an immigration attorney.
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