Skip to main content
Sophie Marie Alcorn

Sophie Alcorn’s Answers

55 total


  • Can i still fix my perants papers even though i have a felony in my record

    i got a felony when i was 15 years old and when i turned 18 i tryd to get my record sealed and the judge told me that those charges were unsealable now i wana fix papers for my perents but i dont know if thats gona affect there chances i graduate...

    Sophie’s Answer

    If you were treated as a juvenile for your felony, it is not a conviction for purposes of US immigration law. It sounds like you can start the petition process for your parents, but you should consult an attorney to determine if your parents are actually eligible for green cards.

    See question 
  • My wife is an illegal immigrant and i'm a U.S. citizen what can i do to fix her legal status?

    I'm a U.S born citizen, we been married for more than 3 years and have one child born who is a U.S born citizen. She came into the U.S cinse she was 7 years old with a passport and visa and stayed hear ever cince. Her passport and visa has been ca...

    Sophie’s Answer

    If you confirm her eligibility with an experienced immigration attorney, she should apply right away. It sounds like she is eligible, and by not fixing her status, she risks being arrested and placed into deportation proceedings which are very costly and it can take many years to fight against deportation.

    See question 
  • Will my husband be deported if he has no family or friends in Mexico?

    My husband is currently in state prison and he has been told that there is a immigration hold on him. Is the immigration judge less likely to deport him if he has no living family, friends, or contacts in Mexico. He has been here 20+ years and all...

    Sophie’s Answer

    Having an ICE hold means that when your husband completes his prison sentence, he will be taken into an ICE jail. He will have the right to insist on seeing an immigration judge to try to get bond to be released from prison and he will have the right to fight for a green card from he immigration judge.

    Connections to Mexico don't really matter. What does matter is his criminal history, including the exact law he was convicted under and his sentence. If his conviction does not disqualify him for a green card, the next step is to figure out all of his legal relatives in the US and how you all would suffer without him. If he has something called 245i protection, he might be eligible for a green card quickly through his marriage to you.

    I would be happy to review all the documents you have regarding his complete criminal and immigration history in a free consultation.

    See question 
  • Submitted I-130 & I-485. What if I am under immigration proceedings & don't even know it? What will happen to my applications?

    I hired a lawyer to help my husband petition me and to adjust my status. All he did was help us prepare the documents, and reviewed them before we submitted them. One problem though... what if I am under immigration proceedings? I really don't k...

    Sophie’s Answer

    Being in immigration proceedings means going to an immigration court to see a judge for a trial about whether you should be deported from the US. Usually people know if this has happened to them.

    However, some people don't, because the immigration service sent the paperwork to the wrong address. To try to find out if you fit in this category, you can call the immigration court hotline, 800-898-7180, and enter your A Number. If it says "your number was not found in the system," then you were probably never in deportation proceedings without knowing it. However, it is possible for one person two have two A Numbers, so you can't be entirely sure.

    It doesn't sound like you are confident regarding the attorney who filled out your forms. You should make sure that an attorney you trust will prepare you for the interview and attend it with you and your husband.

    See question 
  • Can I marry an illigal immigrant?

    I want to marry my girlfriend, who is currently illigal in the US. unfortunatelly, she entered the US illigally. What process shoulld I follow in order to get her a legal status? also, i am a member of the US military. thanks for your help.

    Sophie’s Answer

    The other two responses miss an important point - if your fiance has "245i protection" because a family member or employer filed a green card petition for her or one of her close family members prior to 4/30/2001, then she can avoid the whole consular processing and 3/10 year bar ordeal and get a green card within the US within a couple of months.

    You should consult with an experienced attorney to confirm it If you think she might have this protection. If she does, then once you get married, you two can start her immigration process right away.

    See question 
  • Do i need an immigration attorney to get married

    my partner and i would love to get married since the california law passed allowing lesbians to get married but she was born in mexico will getting married ruin her chances of becoming a citizen??

    Sophie’s Answer

    Unfortunately the CA law is on hold and gay and lesbian partners cannot currently get married here.

    However, if you decide to get married in a state that allows same-sex marriage, we could assist you to apply for a green card based on Judge Vaughn Walker's recent decision if your partner is otherwise eligible.

    We would be challenging the way things are currently done - which is that there are no immigration benefits for same-sex couples. However, such a challenge might succeed based on recent legal developments.

    See question 
  • I am on B2 visa now. e filed for COS to f1 on jul 29th.I 94 expiring. should i apply for b2 ext in the mean time

    e filed for COS to f1 on jul 29th. my classes start on sep 1st week 2010 and my i 94 is also expiring in sep 2010. now i am worried on wat to do? how can i expedite the process. if i apply for b2 extension then will tht effect my f1. pleas...

    Sophie’s Answer

    You are in lawful status in the US while your change of status is pending with US Citizenship and Immigration Services, so there is no need for you to also file an additional request to extend your B2 status. I don't think you'll be able to expedite the process.

    If it takes USCIS past the I-20 start date to make a decision, they will probably either amend the dates on the I-20 or issue a request for. evidence for a new I-20 that will start with the following semester.

    See question 
  • How to file H-1B extention beyond 6years.

    I would like to file H-1b extention beyond 6years myself. Which form do i have to use and what kind of documents I have to send with form.

    Sophie’s Answer

    You can't do the H1B extension alone; your employer needs to continue to sponsor you. Since your employer filed the labor certification 365 days before your H1B is expiring, it sounds like you are eligible for one year extensions.

    See question 
  • My H1-B visa is getting expired on Aug 30th, 2010. My I-94 is till September 25th, 2010. Can I get H1B extension in time?

    My H1-B visa is getting expired on Aug 30th, 2010. My I-94 is till September 25th, 2010, My employer has not begun the process of extension yet. They will file LCA and then extension. Do think that the process will be completed in time?

    Sophie’s Answer

    Yes, but you should start looking for an attorney asap.

    See question 
  • Is 459pc -460b a aggrvated felony

    is 459pc -460b a aggrvated felony

    Sophie’s Answer

    This is a very complicated situation. The nature of the conviction for the immigration context depends heavily on the specifics of your case. You should get as complete a copy of the criminal record from your criminal defense attorney, and a certified copy of the docket from the court. Take these to an experienced immigration attorney for an evaluation of your situation and to learn about possible strategies for dealing with the immigration consequences of the conviction.

    See question