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Sufen Hilf
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Sufen Hilf’s Answers

157 total


  • Can I send my parents tax return documents as my income evidence? Or what documents can I send? I have an income of $4,000.

    I'm a US citizen trying to apply for my wife's adjust of status. We have all the forms ready but we are stuck with the form I-864 "Affidavit of Support". We are both students living in an apartment that our parents paid for. We only work in summer...

    Sufen’s Answer

    Your father (assuming he is US citizen or green card holder) does need to fill out the form I-864 with proof that he meets the requirements 125% above the poverty line. Since the house members need to counted in order to know the income threshold figure, you should find a lawyer to assist you.

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  • What paperwork do I need to provide for a green card through marriage application in reference to a dismissed case?

    My petty theft case was dismissed through diversion program since it is my one and only arrest. Now I am applying for a green card through marriage. What do I need to bring as a proof my case was dismissed?

    Sufen’s Answer

    Yes. You should fully disclose your case to USCIS. You should provide police arrest, final conviction and dismissal through your diversion program after you met the requirements. You should find an immigration lawyer to assist you since the definition of " conviction" is complicated. Also, you need to prove you " deserve" the green card since green card is discretionary.

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  • How will petty theft affect the renewal of Deffered Act?

    I am 19 years old and was recently charged with petty theft, my court day is in May. I have recently contacted an attorney who said that he will try his best not to have me convicted of anything and have my case dismissed without pleading guilty. ...

    Sufen’s Answer

    I assume petty theft you mentioned is a misdemeanor in your state. How this impact your DACA is complicated. It depends how many other criminal records you had in the past, it depends on the penalty that conviction carries under your state law etc. You should really consult with an experience attorney. DACA treats criminal convictions differently from these who apply for green card in analyzing immigration inadmissibility issues. DACA is also a discretionary relief too. This means an adjudicator will evaluate whether you deserve the deferred action at all with a conviction, even with a misdemeanor . There is additional paperwork which need to be submitted when you renewing your DACA. You should hire an attorney to file DACA renewal.

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  • Is there a legal process to remove DHS arrest record? (case terminated and status reinstated after the arrest was made)

    Thanks for taking the time to read my post. I was arrested and detained for a couple days by DHS 10 years ago due to falling out of status. An immigration judge granted me relief and terminated proceedings after reviewing facts and evidence. I am...

    Sufen’s Answer

    I have clients with immigration arrests and it does not seem they have complained about difficulties to get employments due to the arrests. As other attorneys indicate that immigration arrests are civil and they should not impact your employment. Sometimes it impacts a person when travelling outside US.
    If you are eligible for naturalization soon, you should apply for it asap, which may help you in terms of having the arrest off your records.

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  • Will my niece come under my sibling petition?

    My sibling petition just became current. But her child just turned 23. Will CSPA work for my niece if it took USCIS 4 years to decide the I-130?

    Sufen’s Answer

    If your sibling's petition is current now and if that I-130 petition was pending over 4 years, it seems that your niece is covered under Child Status Protection Act. If the priority date is current, you should pay the visa fee or file DS 260 within one year after the priority date becomes current.

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  • Need help relate to the MAVNI program and SEVIS from F-1 Visa

    I need advice. My g-845 already approved like 2 weeks ago. I have to head back to my country for 7 weeks (from 7 Dec-25 Jan) due to my personal reason and the ticket price which is very very very cheap on that period. Right now I'm waitin...

    Sufen’s Answer

    There is a free service called AILA Military Assistance Program(MAP). You can contact the program and someone should get back to your questions. You should google American Immigration Lawyers Association first and then find the MAP program.
    Good luck.

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  • Wrong lastname in birth certificate

    Hi, We recently got the birth certificate issued for my wife from India. However, by mistake they wrote her current(after marriage) lastname on her birth certificate instead of lastname at the time of birth. We do have marriage certificate and ...

    Sufen’s Answer

    Any birth certificate issued one year later than the birth will be considered as late issued birth certificate. You should get at least two affidavits to attest the fact of her birth. These affidavits should explain her last name change too. As a secondary evidence of birth certificate issued in India, School Leaving Certificate will be considered as one of the secondary evidences.
    Her case should not delay your own I-485 technically since you are the principal beneficiary/applicant.

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  • What kind of things would you face voluntarily leaving the US to Mexico if you're underage without social security papers?

    Immigration

    Sufen’s Answer

    Assume you were illegal in US before you left US; assuming underage means under 18; assume you only entered US once; assume you are interested in coming back to the US, you are not barred from coming to US. However, it really depends on what kind of immigration status you will come back to US. For a non immigrant visa, you will probably have difficulty to get due to your immigration history. For an immigrant visa, you should be eligible for it without a waiver.

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  • Government Motion for remand to the field office director

    I got a letter and it states 'The field Office director requests that this case be remanded to USCIS for the issuance of a new decision'. What does that mean please and what should I expect. My lawyer had filed an I 130 appeal for m...

    Sufen’s Answer

    If your attorney filed appeal, this remand may mean BIA wants USCIS to take a second look at your case. It should be a good decision.

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  • My immigration case hold failure to prosecute .its now one year I haven't gotten reply from government and no work permit .

    My work authorization days were stopped at 82

    Sufen’s Answer

    I guess you should be clear about what kind of case you have with the USCIS before anyone can help you .

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