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Wendy Renee Whitt

Wendy Whitt’s Answers

732 total


  • . I thought they would be both approved or denied? What does this mean?

    Good Day, I recently had an interview at the New York City filed office and I really don't know how it went. He asked me a lot of questions I am a is citizen petitioning for my is husband, we filed i130 and i485 concurrently. The interviewer e...

    Wendy’s Answer

    A lot of factors can lead to the decision on the I-485 being made weeks (or even months after) the I-130 approval: background reviews, USCIS supervisory review, medical exam processing, etc. You can schedule an Infopass appointment to check the status.

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  • If I apply for Asylum but got fired from My company, what is going to happen

    I am on an L1 Visa and want to apply for Asylum. If I apply for Asylum but got fired from My company while I was waiting for the Asylum Interview, If I get denied the Asylum, will the Immigration consider all the waiting time as out of status?

    Wendy’s Answer

    If you apply for asylum and the case is not approved by the Asylum Office, you will be referred to Immigration Court for removal proceedings. You could renew your asylum claim before the IJ, along with requesting any other forms of relief you might be eligible for. But you would not be able to change status to any immigration status that would require you to be maintaining current status.

    Asylum applications are currently taking several years just to receive an interview date.

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  • I have obtained DL in other state when my previous one was pending but here they not even allowing one month extension of DL

    I have I-797C pending, can't able to renew my driver license. Is there a way to ask USCIS or service request so they can process it quickly. 3 months and my i-539 still pending.

    Wendy’s Answer

    I'm sorry, but that's not going to work. Expired driver licenses are a known risk with the I-539. Luckily Stillwater has Uber so you can still get around. Good luck with your request!

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  • Asylee relatives can denied Visa Application ?

    i just wondering is any possibility to reject asylee relatives visa in US embassy counselor abroad during interview ?

    Wendy’s Answer

    Absolutely they can. In some countries the U.S. consulate has even contacted relatives of asylum applicants AFTER issuing the visas to revoke them. I wrote an article about this problem, linked below. Good luck with your asylum case!

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  • Does USCIS offer Interim EADs on the same day? What recourse do I have?

    My EAD expires in 10 days - status pending asylum. My employer is going to terminate employment if new EAD not available. It hasn't been 90 days since EAD renewal application was received by USCIS. 90 days will fall after EAD expiration date.

    Wendy’s Answer

    Did you talk to your asylum attorney about this? He/she would know the practice in your local area. In Dallas for example, our district office is not sympathetic in these cases and refuses most requests, even if you go through the Infopass process. Your mileage may vary since you are in WA. Good luck!

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  • How can I get a "prospective student" notation stamped on my already existing valid B1 visa? And what are the requirements?

    I am a young medical doctor in Nigeria, with a 2 year B1 visa which is Valid until November 2016. My last trip to the US was a 2 week visit in December 2014. I plan to visit the US again on vacation this March or April. However, this time, I have ...

    Wendy’s Answer

    Congratulations on your choice to study in the United States! You really don't need or want any notations stamped on your visitor visa. It's permissible to travel to the USA to visit schools. Changing status from B to F-1 is a lot trickier though, and you should consult with an attorney when you get here before you commit to that course of action. Good luck!

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  • I want to know what my options are in case of separation. By Nov 2017, the immigration will require a signature to R.O.C

    Facts: -I am got married in OCT 2014 - My spouse (USC) and I (alien spouse) filed for AOS in NOV 2014 - NOV 2015 I received my conditional Green Card. My wife and I always had conflicts over jealousy from her side I believe. For ex, she is ac...

    Wendy’s Answer

    You are in a dangerous situation, and I'm sorry. You need to sit down with an immigration attorney you trust and discuss everything. You'll get the best advice that way, and peace of mind. Good luck.

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  • Can the immigration at the airport let me in or they will return me back to my country??

    So I have a case in immigration for over 2 yers for I-751 with a waiver. They told me it's pending. My question if I traveled for a month outside USA, and if I got deny in that time when I am outside US, Can I come back or the immigration in the a...

    Wendy’s Answer

    I agree with my colleagues. Travel is not a good idea in your situation. It's also not clear where you are in the process. Have you received an RFE? If so did you respond sufficiently? Have you been interviewed. These I-751 cases can take a long time.

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  • Can any other employer handle my case this year in 2016, on the basis of last year lottery selection?

    My visa application for H4 to H1B selected in lottery last year in 2015. I got RFE for I-129, and after five months my case is not approved by USCIS, the rejection is because employer could not provide sufficient documents on USCIS audit. I have ...

    Wendy’s Answer

    I agree with my colleagues. Since your H-1B was not approved, you are still in H-4 status unless you haven't maintained it. If you are in the United States and out of status you may have a hard time even if you find another employer and end up with a successful H-1B petition.

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  • In the below scenario, have this h1b employee committed any, I mean any violations on his h1b rules/requirements?

    Please read through the below mentioned scenario. Let's say a person on H1b visa has opened a company (LLC) on his name as a sole owner, with a address he rented before even opening the company (1st month rent paid from his personal account) a...

    Wendy’s Answer

    I think this hypothetical person is in a lot of trouble and needs a real attorney.

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