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Alicia Marie Heflin
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Alicia Heflin’s Answers

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  • When will the Family 4th Preference category Phase-out through which U.S. Citizens can sponsor brothers and sisters?

    When will the Family 4th Preference category Phase-out through which U.S. Citizens can sponsor brothers and sisters? This question is based on the info from link "https://www.avvo.com/legal-guides/ugc/immigration-reform---file-family-preference...

    Alicia’s Answer

    There is no way to know if this will ever happen. While it was proposed in the past, as indicated in the post you reference, the provision did not pass both houses of Congress and never made it to the President for review and consideration for signing.

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  • How my 19 years old brother can come to USA with my parents?

    I am US citizen and I want to apply for my parents and my brother who is 19 year old and unmarried. Is it possible that my brother can come to USA with my parents?

    Alicia’s Answer

    Unfortunately, while your parents do not have to wait for a visa to become available to them because they are parents of a U.S. citizen, your brother cannot immigrate with them because this visa category does not allow family members to accompany the immigrant. Since your brother is not an immediate relative (spouse, child under 21, or parent of a U.S. citizen), he must wait in the visa line for a visa to become available and the wait is more than a decade when a sibling is petitioning for you. Your parents, once they become residents, could petition for him as long as he stays unmarried but it is still a long wait.

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  • Married a U.S citizen and want to get a green card .

    How old does my husband have to be to help me get a green card and how long do we have to be married in order to get my green card , also after getting a green card how long do I have to wait to get my citizenship . & about how much does it cost t...

    Alicia’s Answer

    There is no minimum age for your husband to be able to petition for you. There is also no required length of time that you must be married before he can petition for you though you may receive only conditional residency if your marriage is less than two years old at the time your residency is approved (if eligible). Your eligibility for a green card depends on several factors, such as when and how you entered the United States and well as your criminal and overall immigration history. Once you obtain residency (green card) you can apply to become a citizen in 3 years (if married to a U.S. citizen); otherwise, you must wait 5 years. I would recommend consulting with an immigration attorney in your area before filing anything with USCIS. Immigration will not refund filing fees if they deny your application.

    Best of luck to you and your husband!

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  • What are my options now ? If I reapply i-485 under 245(i) do I have to pay AGAIN the penalty fee of $1000.

    I applied for i-485 under 245(i) back in Oct 2015 and it got denied. I also applied for i-290b in Mar 2016 and got denied also because I was NOT immediately entitled for an immigrant visa. USCIS claimed my i-130 (filed by ex-wife) in July 2000, go...

    Alicia’s Answer

    Your questions require additional information to properly guide you. However, to determine if a visa is available to you, you should refer to the State Department's Visa Bulletin which is published each month. You can access the visa bulletin here: https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html. As for payment of the 245i penalty: no, you would not need to pay it again you can provide proof that it was previously paid. Regardless of these answers, I highly recommend that you consult with an immigration attorney in your area because there are several issues that must be addressed, such as proving that you are grandfathered since the petition filed by your former spouse was abandoned and identifying your current petitioner and priority date/visa availability, etc. You cannot adjust your status based on the petition your former spouse filed because 1) the relationship no longer exists and 2) the petition was never approved.

    I wish you the best of luck!

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  • What do I need for internal checkpoints in Arizona with a i-485 pending?

    I am travelling to Arizona for work. I entered on a K1 visa, got married, applied for i-485 within 90 days, everything that I was supposed to. I have my EAD with 512 AP. What documents should I bring with me to avoid hassles at the internal checkp...

    Alicia’s Answer

    I agree with my colleagues. Bringing the documents you have mentioned will be sufficient for you to demonstrate that you are here lawfully in the country and have an application pending with USCIS.

    Travel safely!

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  • What do I do if USCIS Texas Service Center did not forward my case to the NVC?

    My spouse filed an I-130 for me in January 2015. The petition was approved in June 2015. I have not received letters from the National Visa Center. When I contacted the NVC, they informed me they have no record of my case. When I contacted USCIS, ...

    Alicia’s Answer

    Unfortunately, this seems to be a common issue with approved I-130 Petitions and the Texas Service Center. I have had this issue in the past and the USCIS Office of the Ombudsman has been able to assist and it will save you from having to pay the $405 fee since it was Service error. You can access their Case Assistance Form here: https://cisomb.dhs.gov/oca/form7001.aspx.

    Best of luck to you!

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  • Does it mean he should have provided ME with an income each month 125% of the Federal Poverty guideline?

    My husband who is my sponsor to the US petitioned for divorce. I am a permanent resident now without any conditions. (We were married for 4 yrs when he filed.) The Affidavit of Support he signed says: he must "provide the intending immigrant any s...

    Alicia’s Answer

    This is a question that would be better addressed by a family law attorney who can review your prenuptial agreement and specific circumstances and then advise you how Arizona courts have previously decided similar issues and whether there is any legal action you can or should take based on the I-864, Affidavit of Support, signed by your former spouse.

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  • Immigration help!

    Ok so I need help! I am married with an illegal we have a 4 year old. He was brought over here as a baby. He has a border crosser id, tax number card, as well as more paperwork when he was brought over. I am trying to find out whats the process an...

    Alicia’s Answer

    Your husband may have a few different options available to him. I would recommend scheduling an in-person consultation with an experienced immigration attorney for you and your husband to discuss all of your questions and concerns and the attorney can then explain your options, timelines, expenses, legal fees, etc. Unfortunately, in a forum like this, it is not possible to explain all of the possible options, pros and cons of each, and thoroughly discuss your situation so that you receive accurate legal advice.

    I wish you and your family the best of luck!

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  • Why my wife's permanent green card expires in two years?

    Her conditional status has been removed and she was issued a permanent Green Card. It should be valid for 10 years but hers expires in two years. Why?

    Alicia’s Answer

    • Selected as best answer

    Lately, there has been an increasing number of errors on newly issued green cards. I would recommend making an INFOPASS appointment and taking the card to your local USCIS office and discussing the matter with an immigration officer. Hopefully they can advise you of the best way to resolve the issue. Also, be sure your wife brings her current passport to the appointment as you may need to return the incorrect card and the officer can issue an I-551 stamp in her passport so she has evidence of her lawful status. It sounds as if this is a Service mistake since it should be good for 10 years once the conditions are removed.

    Best of luck to you!

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