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Karen-Lee Pollak

Karen-Lee Pollak’s Answers

4,575 total


  • Can a 12yr son of LPR adjust status if his I130 petition applied before B2 visa expires but I130 approved after 2yrs.

    LPR applied a petition for his son and wait to be approved, son remained in US until I130 approved, now wants to adjust status bexause the minor can't be back home country by himself upon I94 expires

    Karen-Lee’s Answer

    He cannot stay here unless he has some other valid non immigrant status. He cannot adjust status until his priority date becomes current

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  • Can I benefit from the new I-601A Provisional Waiver?

    As far as I can understand it, yes, but just to be sure: My wife is a "Green Card" holder, and I am on a post-OPT grace period expiring on September 17. In a scenario where I couldn't obtain a new status before 9/17, can we apply for my own Reside...

    Karen-Lee’s Answer

    The 601 waiver applies if you have entered without inspection. It would not apply to you. You cannot stay in the US after your grace period expires if you have applied for permanent residency through you permanent resident wife unless you have valid status such as a new F1

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  • I forgot to submit my i94 stub while leaving the USA on a F1 visa. Can this lead to a bench warrant?

    I left the country well before my visa expired but forgot to return the i94 stub.

    Karen-Lee’s Answer

    Don't worry about it. Your passport scan is a record you left

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  • Does not having country of birth in my EAD card affect my ability to start my new job?

    I just received my EAD card through my OPT. However, in the EAD card the Country of Birth is stated as Unknown. I already have a job offer, and need to start less than a week from now and cannot afford wait for another 90days to get a new card....

    Karen-Lee’s Answer

    It should not effect your ability to travel or work

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  • Current F-1 status, Filing AOS based on marriage, how long will it take to get an I-131 advanced parole approval?

    Hello, I'm a current F-1 student and filing for AOS based on marriage. My F-1 status will be expired in December 2016, however, I'm planning to travel to my home country with my spouse right after my f-1 expiration date. I'm filing the app next we...

    Karen-Lee’s Answer

    If you travel without advanced parole after filing your 485 you will have abandoned your application and will have to start again through consular processing which can take a year or longer. You will get advanced parole within 90 days of filing.

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  • My H4 expired in June and my i94 also expired on June 23rd, till what time i can stay in US.

    My H4 expired in June 2016 and my i94 also expired on June 23rd, till what time i can stay in US.

    Karen-Lee’s Answer

    You need to leave as soon as possible. If you stay for more than 180 days you will be barred from applying for any visa for up to 10 years depending on how long you have overstayed

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  • Visa petition

    In 1989 my ex wife's petition was approved she never came to America from the Philippines. I never saw her again. I'm remarried now and need to petition my new wife. Is my ex wife petition null and void already. There's no divorce in the Philippin...

    Karen-Lee’s Answer

    You will either need a US divorce or an annulment of your marriage under Phillipines law before you can petition your new spouse as you are still legally married to your first spouse. Consult a family lawyer here and in the Phillipines

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  • Do I have a chance to get a J1 hardship waiver?

    I am an Indian citizen doing medical residency in United States. I am gay and have been with my boyfriend for more than 2 years. He is a US Citizen. Homosexuality is illegal in India. In your experience, would I have a chance to get a hardship wa...

    Karen-Lee’s Answer

    We would need additional facts but this seems like an adequate reason to prove hardship

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  • My husband is under the L1 Visa and I'm L2. We have a wedding outside the US next week, when back, can we use B1/B2?

    My husband quit his job under his L1 Visa. I have the L2 with working authorization (EAD) and will also lose my Visa. Before moving back to Brazil we pretend to spend 3 months traveling in the US under our tourist Visa, B1/B2. We need to leave the...

    Karen-Lee’s Answer

    You should not have any problem. Simply explain this to customs if they ask

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  • Can I loan money for investment in EB5 if I am in USA?

    Is it possible to borrow money from bank for investment if I am in USA. I have around 300,000 in hand and plan to open Taco bell franchisee which require 1 to 1.5 million investment. Please let me know.

    Karen-Lee’s Answer

    Yes you can as long as the loan is secured by assets that you personally own. You will have to provide all loan documents, security agreement and proof of ownership of the assets securing the loan and how you obtained them. All documents that are not in English must be translated by a certified translator.

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