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David Dene Murray

David Murray’s Answers

252 total


  • My k3 visa expired over a year ago,what can I do to continue the process to get the residency and the green card?

    I got the temporary visa K3 and came to the states on February of 2008, I got pregnant and had my baby, but the financial things are bad now, and we couldn't keep doing the paperwork, now my visa expired over a year ago and I want to know what ca...

    David’s Answer

    If you are married to a US citizen, you will have no problem adjusting to permanent residence. Seek legal counsel and get it done right.

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  • My sibling petitioned for me in the year 2001 (i-130). I have five more years until my priority date and I want to get married.

    If I do get married will that change anything and will be wife be included in the application when my priority date is current.

    David’s Answer

    • Selected as best answer

    Marriage does not affect your status as Family Based 4th Preference. You spouse and children will be eligible to accompany you in your permanent residence visa application at the US consulate abroad when your priority date comes current.

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  • What is the best and quickest way to bring my spouse that lives in mexico?

    She is a student and has never been in the U.S.

    David’s Answer

    There is no best and quickest way, there is only one way and that is consular processing. Assuming you are a US citizen it takes approximately 10 months. If you are a permanet resident, it takes years. If you use an immigration lawyer, the process will go smoothly. If you try to do it yourself, you are in for some surprises.

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  • Can I extend my EB2 by traveling abroad and coming back?

    My EB2 will expire on August, my sister filed for I-130 for me but it will take 4 to 6 years to get the approval.

    David’s Answer

    Do you mean your E-2 nonimmigrant visa? Obviously, if your sister filed an I-130 for you, you are Family Based Category 4, Brothers and Sisters of US Citizens. Depending upon which country you were born in, that category is backed up ten to twenty years. Eligibility in that category does not "expire". It is impossible to answer your question, because no question is pending, but unless you can obtain another valid nonimmigrant status, you will need to leave the USA while awaiting your Family Based 4 processing.

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  • What do I do after my wife left me after she got her green card?

    I got married to a girl in Pakistan. I though we loved each other. She got here and was being a normal wife but became bored. When she got her greencard and social security she took off to live with her sister in Philly, took my mother's heir l...

    David’s Answer

    If it is available in your home state, I would suggest that rather than getting "divorced" you file for an annulment of marriage based on visa fraud. It appears she may have used you to get the Green Card. If the court determines it was a fraudulent marriage, she will lose her Green Card, as the annulment eliminates the eligibility nunc pro tunc . . . now for then.

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  • Over stayed Visa Waiver will I encounter problems leaving the U.S?

    My Husband and I are Australian Citizens and we have overstayed our Visa Waiver program by 3 years we are leaving the U.S in May to return to Australia. Any advice on whether we will encounter any issues and if so, what they might be trying to ...

    David’s Answer

    There will be absolutely no problem leaving the USA. However, you are subject to the 10-year Bar to Admissiblity and will not be eligible to return to the USA until you have been absent for ten years. Even then, if you wanted to apply for entry, you would need to file a waiver of your previous immigration violation.

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  • Need answer regarding my H1b

    Hi ! My H1b got denied on Nov 3rd' 2010. Could you please tell me, if I need to get my H1b, Do I have to try it before the quota is done or can i try it later also.

    David’s Answer

    You can contact me at www.inteconlaw.com

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  • Need answer regarding my H1b

    Hi ! My H1b got denied on Nov 3rd' 2010. Could you please tell me, if I need to get my H1b, Do I have to try it before the quota is done or can i try it later also.

    David’s Answer

    It may depend on why your H-1B was denied. If it was for reasons that can be remedies, by all means, refile it immediately, before the quota is reached. You need to consult with an immigration lawyer TODAY, as the quota will be filled soon.

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  • Is it possible to get Unemployment benefits if you were ineligible at the time you applied before?

    I was ineligible from unemployment benefits in June 2010 when I was terminated due to an incident that I was not aware about nor informed about during my time off from work. When I came back from my week off from work I was called from my supervis...

    David’s Answer

    It sounds like you may have been terminated for "willful misconduct". If that is the case, it is a ground for denial of your unemployment.

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  • I was married for 4 years, have a permanent resident card since 7/27/06,divorced 6 mths ago.Can I apply for citizenship now?

    From What I read, I should have applied while married but we were separated as of 2008 so my attorney filed to remove the temp conditions because we wanted to get divorced. In any case, can I file now under the 5 years rule?

    David’s Answer

    Since you are no longer married, you need to apply under the 5- year rule.

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