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Richard Bennett Bracken
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Richard Bracken’s Answers

22 total

  • My uncle is a US citizen . He is my Dad's Brother. will he be able to file for a Green Card for me ?

    My concern is that the last letter of his last name is different from my last name . For ex. His last name as per records is Palli and Mine / my fathers is Pally. would that really matter ?

    Richard’s Answer

    Your USC uncle can file for his brother. If you are under 21 years of age you may be considered a derivative beneficiary based on a number of limiting factors. An in-person consultation with an immigration attorney should help you better understand your options.

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  • Can I apply for reentry permit while my cause is pending?

    I need to go visit my family that I have not seen in 8 years ,but I apply for my 10 years green card (I-751) dec2011 , and I have not received it yet , I had interview on April 23, 2013 and my extension will expire Aug 16 , 2013 , can I apply for ...

    Richard’s Answer

    If your I-751 was approved on April 23rd you may be getting your new card any day now. In the meantime, your expired residence card, coupled with the extension receipt letter, should be adequate reentry documents until August 16, 2013.

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  • Received RFE on Petition to Remove Condition on Residence (Form I-751). What should be the next steps to respond?

    USCIS mentioned the following in the notice for the documents already submitted: - Joint Federal Income Tax return forms with no evidence showing they were properly filed - Unsigned joint lease - Joint bank account statements span...

    Richard’s Answer

    CIS wants to see more evidence that you and your husband enjoy a joint life together. If you filed taxes together you might rectify the tax document issue by getting a "tax transcript" from your local IRS office. If you filed joint returns that is one way of showing proper filing. If you in fact have a joint lease agreement you can consider talking to your housing manager about executing a properly signed joint lease. CIS would be happy to receive anything else you have that supports your joint life together. Most immigration attorneys have experience helping clients realize that they have joint documentation that they haven't considered. I agree with my colleagues that in obtaining an immigration attorney you greatly enhance your chances of adequately satisfying your CIS.

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  • I want to apply for citizenship. In 1996 I was charged with DUI and pleaded no contest. Will this be a problem?

    I have had my green card since 1996. My DUI happened in Hawaii. According to my Attorney at the time my DUI was classified as a petty misdemeanor. Do I need to mention the DUI in the form N400, part 10D, 16-18? Am I talking any risk apply...

    Richard’s Answer

    In addition to what my colleagues have stated, it is my experience that CIS won't grant an N-400 application until they have seen the official and final dispositions of all arrests. In situations where offenses have occurred out of the states in which my clients live, I ask them seek to obtain 'certified case printouts' for all arrests before they file the N-400. This is because obtaining such documents can take more time than CIS is willing to wait, should they ask for them at your interview. Moreover, if the record has been destroyed you will most likely need a certified letter from the court explaining that the records no longer exist.

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  • Is is recommended to submit couples photographs with an I-130?

    Or is all of our holiday photos etc. only required during the interview process?

    Richard’s Answer

    In my practice we don't generally include couples photographs with the I-130 petition however, I do ask my clients to bring a variety of couples photographs to their interviews in case the officer would like to see them.

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  • I got a biometric appointment for in Feb/07/2013 can you please tell me how long dose it take after biometric appointment.

    i got a biometric appointment for my refugees travel document in Feb/07/2013 can you please tell me how long dose it take after biometric appointment ? I want to say also i do have old one it just expir this month.

    Richard’s Answer

    This is question is virtually impossible to answer for a variety of reasons. Biometrics are required for a number of different applications. The type of case you have can impact the expected wait for a benefit or interview. Even when the type of case is known the government has wide latitude in its processing. Having said that, expect months rather than weeks.

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  • What is obligated of the sponser after i am granted citizenship? how long is my sponsor under contract? thanks

    I have a willing family member who would like to sponsor me. They were wondering how will this affect there life and for how long? thanks

    Richard’s Answer

    • Selected as best answer

    Per the I-864, once you have been granted citizenship there is no longer an obligation to the sponsor. The rule is ten (10) years from sponsorship or until the beneficiary has citizenship.

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  • Do I need to file another I-130 if previous I-130 was granted, but never finalized and spouse was later deported?

    Filed I-130 Petition for Spouse over ten years ago. Petition granted. Went to Mexico for Visa appointment which triggered five year bar on his re-entry. Spouse did not wait five years, but re-entered U.S. illegally. Never went to final appoint...

    Richard’s Answer

    • Selected as best answer

    I regret your circumstances. Your original I-130 is likely terminated, requiring you to file a new petition to start the process anew. Having said that however, your husband is almost assuredly inadmissible for a mandatory period of ten (10) years from the date of his last departure due to re-entering the U.S. without inspection five (5) years ago. This would mean, at a minimum, that he would not be eligible to even turn a waiver in for that period of time. Be careful of who you hire as you will likely lose any money you spend towards it at this time. I am so certain of this that I would respectfully decline to take this case under the current law. Perhaps a change to the law this year could eliminate some of these issues. Hang in there.

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  • I got my n-445 notice for my oath ceremony from my immigration officer after my interview. He only wrote my first and last name.

    I got my n-445 notice for my oath ceremony from my immigration officer after my interview. He only wrote my first and last name on the n-445. When I went to my oath ceremony my certificate had my full name on it so I was wondering if it is ok that...

    Richard’s Answer

    The critical document is your naturalization certificate. So long as your name on that document is spelled correctly you don't need to worry.

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  • Hello , Please see below a question regarding I 751 Waiver interview . Thanks

    Hello , I have filed my I 751 waiwer (based on divorce in California in January 23, 2013. I filed for divorce that same month but have not yet received the decree. Per my lawyer I should have received an RFE to be sent back via email but instead...

    Richard’s Answer

    I would consider asking your attorney to reschedule your interview in order to try and buy some time for your divorce to finalize. If the interview takes place prior to the actual divorce the I-751 will likely be denied because you neither have a joint petition nor are eligible for the I-751 waiver due to the fact you are still married. It often takes several months for CIS to reschedule. By then, the January 2013 divorce you filed may be finalized.

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