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Mark Robert Barr

Mark Barr’s Answers

1,631 total


  • Does approved I-130 have an expiration date?

    I would like to know if I-130 that has been approved has an expiration date or not. My daughter has an approved I-130 I filed after I received my green card, and a visa became available for her in June 2015 (Visa Bulletin for June 2015 shows he...

    Mark’s Answer

    Barring certain exceptions, your daughter will not be able to adjust status in the U.S. because she is not currently in lawful status. She is allowed to be present in the U.S. by virtue of her DACA grant, but that is not the same thing as being in lawful status. The default rule is that you have to be in lawful status when you apply to adjust your status to permanent residency. One exception would be if she sought adjustment as an Immediate Relative, defined as the spouse, parent, or (minor, unmarried) child of a U.S. citizen. In your scenario, however, she is not an Immediate Relative. Instead, she is the adult, unmarried daughter of an LPR. Therefore, she needs to be in lawful status when she applies to adjust her status.

    If your daughter cannot adjust status in the U.S. then she will need to proceed abroad and apply for an immigrant visa at a U.S. embassy or consulate. The good news is that upon her departure it appears she won't trigger the 3/10 year bars to returning. This is because, for purposes of those bars, she has no unlawful presence, having received DACA prior to the age of 18, without any gaps in DACA coverage. Please note, however, that there is not enough information in your question to determine of other bars have been triggered (for example, criminal bars, fraud bars, health and financial bars, or the permanent bar for people who were deported and returned illegally, or who had more than one year of unlawful presence (starting at any age) then left and returned illegally).

    The bad news about consular processing is that your daughter may now need to wait for the 2B category to become current. The fact that you filed the I-130 when she was still a child, and the I-130 was approved when she was a child, and the priority date first became current when she was still a child will not prevent her from aging out. You might have been able to use the CSPA and keep her age at 20, her age when the priority date first became current, but in order to take advantage of that rule she needed to have started the immigrant visa process within a year of April, 2015.

    So, it appears that your daughter:
    * cannot seek adjustment in the U.S. on the basis of your petition;
    * will have to apply for an immigrant visa from abroad;
    * but is probably not subject to the 3/10 year bars to admission because DACA stopped the accumulation of unlawful presence before it had started;
    * will have to wait for her priority date in the family 2B category to become current.

    Hope this helps. And I encourage you to present your situation to a reputable immigration attorney in your area so that your problem can be analyzed in a much more comprehensive fashion than this website allows. There might be other facts, good or bad, that could change my back-of-the-envelope analysis.

    Mark

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  • Is it possible to reopen an immigration case and adjust status after several years?

    My husband entered US without inspection, crossing border, etc. He was in deportation proceedings, but didn't attend his last hearing in 2004 and we assume he was ordered deported in absencia. Is it possible for us to reopen the case since he ne...

    Mark’s Answer

    Why didn't your husband attend his deportation hearing in 2004?

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  • What adjustment of status chart can I use for September 2016 in the visa bulletin ?

    Adjustment of status

    Mark’s Answer

    You must use the Final Action Dates chart in the Department of State Visa Bulletin for September 2016.

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  • Does the voluntary return affect in anyway from getting his permanent resident? Can we continue with the waiver/process? Or what

    I am a U.S citizen ,My husband and I have been married for three yrs now and we are just a step away from siging the DS260 and filing for the waiver, but he was caught once in 2005 at entry. Fingerprints, picture and very few info was taken includ...

    Mark’s Answer

    The answer will depend on exactly what happened at the border. If the encounter resulted in a true voluntary return, then yes, he should be able to pursue the stateside waiver (assuming he is otherwise eligible). However, if the encounter resulted in an expedited removal order, then no, he won't be able to get his immigrant visa until he has been outside the U.S. for ten years, with no waiver available. What makes this so hard is that an expedited removal order would have felt very much like a voluntary return to your husband. In both scenarios he would have been briefly detained, photographed, fingerprinted, asked a few questions, then released. In neither situation would he have seen an immigration judge. If you haven't done so already, I would encourage you to run his fingerprints and also request his records under the Freedom of Information Act. You need to be as sure as you can that what happened at the border in 2005 was not an expedited removal order. Does your lawyer believe that your husband has an expedited removal order? If so, what makes her think that?

    Best of luck.

    Mark

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  • Concurrent filling for i140 and i485???

    My question is can you plz tel me from current visa bulletin, can i apply i140 and i485 concurrently or not ? My info: i am on h1b visa now and my labor is approved . I am Row and eb3 .Priority date is 5/23/2016 Note: i have checked visa bul...

    Mark’s Answer

    No, you cannot. Your priority date is not yet current. The I-140 can be filed now, but your I-485 will need to wait. Hopefully you'll be good to go in October.

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  • How can you overcome to permanent bar

    My boyfriend was brought here as a child on a visa. The visa expired before he turned 18 and he accrued unlawful presence for purposes of the permanent bar. He finished high school, our relationship fell apart at that time as well, he departed bac...

    Mark’s Answer

    How old was your boyfriend when he was first brought to the U.S. as a child? How long was he permitted to stay after being admitted on a visa? Was your boyfriend ever the victim of a crime inside the U.S.?

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  • I want to bring my spouse to the U.S but I have a few issues before I send my I 130 form.

    Hello, I am a permanent resident here in the U.S, I had a green card for 10 years almost and I used to enter the U.S every 6 months. Now I live there for good for almost a year, I am going to start school here. I want to bring my spouse to live w...

    Mark’s Answer

    On what basis did you acquire permanent residency? Are either of your parents a U.S. citizen?

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  • I Want to apply for my Citizenship. Can I apply when I had a drug case in which I obtain 3 year probation?

    I got 3 years of probation in lieu of a 3 year sentence on a Drug charge that happen in 1986, will that affect my Application for Citizenship in the US. The Charges have been dismissed already and sponge. I want to apply for my Citizenship and I...

    Mark’s Answer

    What was the date of your conviction? What did you plead guilty to? On what date did you become a green card holder? If you became a green card holder after your conviction, did you disclose the criminal issue on your application for a green card?

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  • Is there a legal way (I.e.: waiver, request, petition) to remain in the US if my wife is not here for the interview with USCIS?

    After many years of visiting my girlfriend on a tourist visa (like right now) this year her former husband finally signed the papers for divorce and we are waiting for that to be processed. She surprised me by proposing to get married once that co...

    Mark’s Answer

    • Selected as best answer

    I'm assuming your wife is a USC?

    The timing might work out for the divorce to come through, you get married, she files an I-130 for you and you file an I-485, then she goes on her work assignment. The pending I-485 will give you permission to remain in the U.S. while you wait for a decision. You'll also be able to apply for a work permit, and for advance parole (which will allow you to visit your wife abroad and then return to the U.S.without abandoning your green card application).

    If your wife is still overseas when the interview is scheduled many months after the filing, then you can pretty easily reschedule the interview.

    How long is your wife scheduled to be out of the country? She is not planning on living in this other country for many years, right?

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  • I entered without inspection when I was 12 and I am currently under DACA. I'm married to a USC, what are the prob. of AOS?

    I am 28 was brought into the US without inspection when I was 12 Currently under DACA We have a home and Vehicles together I recently returned to College Husband is his Mother's support, emotional and financial. He has not been diagnosed with...

    Mark’s Answer

    In addition to the good suggestions of my colleagues: Has your husband ever served in the U.S. Armed Forces or Reserves? Do you have any relatives who are U.S. citizens, like aunts or uncles? If so, did they ever file any paperwork for your parents? If so, when? Or did an employer ever file immigration paperwork for your mom or dad? If so, when? Have you ever been the victim of a crime in the U.S.?

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