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Igor Serbinin

Igor Serbinin’s Answers

411 total


  • Can I file a case in the court instead of re-file new N-400 so that I don't have to restart again? Or Re-apply N-400, again ?

    I Divorced my wife while my N-400 application still pending. I am a lawful permanent resident. On January 16, 2013, I filed the N-400 application. On May 30, 2013. I appeared for interview. the USCIS officer did not recommend application for appr...

    Igor’s Answer

    Don't refile anything unless you have a "denial letter", not "Notice of intent to deny". If you do have a denial letter then it would state how long do you have time to file an appeal and where to file an appeal. Unfortunately Immigration Court has no jurisdiction over USCIS natz process mess at this point.

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  • Father is stuck in Mexico awaiting pardon. Please Help.

    My father is stuck in Mexico after attorney sent him out to get his VISA to adjust status. Hello all.., Please help. My dad had his appointment with immigration and when they interviewed him they asked how his children got to the U.S and he to...

    Igor’s Answer

    It appears that your dad does indeed needs another waiver before he can be eligible for immigrant visa. An experience removal defense attorney is the best course of action for your family at this point. Also, don't be mistakenly thinking that DACA gives you legal status. It is a Deferred Action that allows you to stay in this country until further legislative or executive actions will be taken. The exact nature of the waiver that your father needs should be stated in the papers denying his immigrant visa based on inadmissibility after consular interview.

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  • What do we need to do to get married in Mexico?

    My fiancé is an American citizen and I'm a Mexican citizen, we wanna get married in Mexico, but we wanna know what would we have to do in order for me to go back the the U.S with him? We're only considering marrying in Mexico, not living here. ...

    Igor’s Answer

    as soon as you have marriage certificate in hand you husband needs to file immediate relative petition with U.S. immigration service. Once they approve the petition Immigration service will forward it to National Visa Center and then to U.S. consulate in Mexico close to where you live. When U.S. consulate will be ready to proceed they will call you for an interview and give you immigrant visa. This process may take more than a year. There are other ways to speed up the process. It is best to consult with family immigration attorney to explore all your options.

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  • Can I start a graduate school program at a US college with a pending family-based green card petition?

    I am looking at pursuing an MBA at a US college. Although I am engaged, I do not plan on filing a family-based green card petition until my fiance (who's a US citizen) and I are married. Assuming this happens prior to the MBA program's commencemen...

    Igor’s Answer

    If you have pending adjustment of status application based on marriage to U.S. citizen (it may take a year or so) you don't need visa to attend school.

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  • How long does it takes to get green card through marriage in Denver Colorado

    how long does it takes to get green card if everything goes well after marriage from U.S citizen in Denver, CO based on recent similar cases

    Igor’s Answer

    From the time you have your marriage certificate in hand and file immediate relative petition and adjustment of status application ("one step") it may take 8-12 months and more if there are issues with filing or background .

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  • 1) Can I take the i20 and go to India on my valid H1B, for the F1 stamping? 2) If F1 gets rejected, can i re-enter US on my H1B

    I am currently on H1B valid until Oct 2018. I want to take up a business certification. Assuming I get the i20 and then i apply for COS from H1 to F1 (am assuming my h1 is void once F1 COS gets approved), do i need an F1 stamp on my passport for a...

    Igor’s Answer

    • Selected as best answer

    1) yes you can go to India to get F1 Stamp. You don't need H1B to be valid for that. You do need it to be valid to enter U.S. if your F1 gets denied.
    2) if H1B is still valid (employer didn't canceled it) you can reenter in H1B classification even if COS to F1 gets denied.
    3) you don't need F1 stamp to attend classes as long as you have valid I-20 and I-797C receipt for your F1 COS. Stamp only needed if you leave US and reenter without any other entry classification.

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  • Can my U.S citizen brother petition first my mom then my dad or is it necessary to petition both of them at the same time?

    My brother who is a U.S citizen is petitioning my mom for U.S resident soon. My question is can my brother petition first my mom then my dad or is it necessary to petition both of them at the same time, or this doesn't matter?

    Igor’s Answer

    U.S. citizen can petition for his parents at the same time or separately as long as U.S. citizen has enough income to sponsor one or both of parents.

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  • How long will it take for U.S resident parents to petition me as there son?

    I am a professional in IT living outside the U.S and my parents will soon become U.S residents soon through my U.S citizen brother who is petitioning them. Once they are residents, they will petition me as there son to go live in the U.S as a prof...

    Igor’s Answer

    children of U.S. permanent residents may have different preference category for immigrant visas. Preference category depends on country of chargeability, age and marital status. Your status as a professional has no bearing on preference category relative immigrant visa petition. Check USCIS.gov and Department of State Visa bulletins for processing times in different categories.

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  • Can I (LLC with S election) acquire/merge a C Corp and avoid double taxation going forward? If so, how?

    I currently have a single-member LLC taxed as an S corp. I wish to acquire a C Corp, but do away with its double taxation. The acquisition will be a stock sale. After the acquisition, can I either convert or merge the C corp into my S corp to have...

    Igor’s Answer

    More details necessary; is the C corp profitable? If yes, probably you will end up being taxed twice. Question is how much? Hypothetically if the C corp makes profit it can be reorganized before acquisition however whether it will be worth it not clear. One thing is certain it is better have a consult with specialists; legal and tax.

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  • How or what can I do to stay here legally as I am visiting US in Visitor Visa?

    Visiting girlfriend in visitor visa, thinking to stay in US legally. My girlfriend is a Permanent Resident of US. So, I am thinking to stay in US, and looking for legal options what can be done to do so. Can Visitor Visa be changed to F1-Visa? ...

    Igor’s Answer

    You are legally in Visitor classification. When your I-94 admission stamp runs out you need to either leave or change your status to another one; student is one nonimmigrant option. I you decide to get married then you will be able to adjust status to one of permanent resident. Since your potential spouse is a Legal Permanent Resident and not a citizen of the U.S. you may stay in the U.S. but will be subject to preference category visa number. It may take a while until you get your permanent residency but it will happen when visa number becomes available for that category.

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