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Jennifer Doerrie

Jennifer Doerrie’s Answers

639 total


  • Can H4 stay without H1B

    Hi, I'm on H1B and 2-months back my wife and 3 years old kid moved to US on H4. Since my wife is here she is creating problem with help of her uncle. They are threatening me about they will file police report against me. Now I have almost decided ...

    Jennifer’s Answer

    Hello,

    Since H-4 visas are dependents on the H-1B, your wife and children would have to file for and obtain changes of status to remain in the U.S. lawfully if you end your H-1B. Otherwise, they would violate the terms of their status.

    Kind regards,
    Jennifer

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  • How will a possible 10 year B2 visa visitor extension in future be impacted for frequent visits to the USA?

    My parents received their B2 visa in Mar 2008 for 10 years. Their current visa will expire in Mar 2018. They have had the following visits: 1. Apr 2008- Jul 2008 2. Mar 2015-Jan 2016 (An application for I94 extension was sent in Sep 2015 which h...

    Jennifer’s Answer

    Hello,

    Unfortunately, it is difficult to predict with any certainty how the multiple visits in a short time duration will affect your parents' chances of renewing their B-2 visas. Certainly, the visits and the reasons for them, including the reason for extending their stay in 2015-2016, will be a consideration. They will need to be prepared with valid explanations for the multiple and lengthy visits, or it is possible that the U.S. embassy officials may become concerned that it appears they are attempting to reside in the U.S. with their visitor visas or are otherwise violating the visa terms and conditions.

    Of course, time spent here is only one of the considerations in renewing the visas. They also will be expected to demonstrate their ties to their home country and the reasons that the likelihood of their overstaying or violating the terms of the visitor visas is minimal. Some applicants are also asked to provide evidence of private insurance or ability to pay medical costs if there are potential health concerns.

    Kind regards,
    Jennifer

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  • How to get my spouse and my stepchildren to America

    Hi,i am à us citizen i married five years a go and had two kids living abroad with my wife, at That time i didn't intend to Bring my wife and kids to America, Two years ago my wife dead so I filled a petition for my kids, they are already in Am...

    Jennifer’s Answer

    Hello,

    As long as you have the death certificate showing how your first marriage ended, and your new marriage was entered in good faith and took place before your new step-children turned 18 years of age, I am not aware of any reason that you would not be able to file I-130s for them.

    Kind regards,
    Jennifer

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  • How long does it take to get a ruling from a judge?

    Hello, I will be appearing before an immigration judge for my individual hearing session, I already appeared for the Master Hearing, I was wondering how long it takes to hear from the judge about the Final decision on my asylum case.

    Jennifer’s Answer

    Hello,

    Some immigration judges announce an oral decision at the conclusion of the testimony on the same day of the individual hearing. Should this happen, it is important that you or your attorney make notes about the reasons the judge gives for the decision in case an appeal is necessary.

    Other judges prefer to take some time to prepare the decision, and they will ask the parties to return to court a few days or weeks after the individual hearing to receive the decision. In my experience, this usually happens quickly, but the exact time varies among judges and courts.

    Keep in mind that either the Respondent or the Department of Homeland Security may file an appeal in the event of a disagreement with the judge's decision. Should there be an appeal, it likely will be several more months, and sometimes even a year or more, before there is a final decision in the case.

    Kind regards,
    Jennifer

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  • What can I do to get my SS card after marriage to a US citizen

    I came to the USA under K-1 visa about 2 months ago and got married to a US citizen. I applied for I-485, and my husband also petitioned me. I went to social security office with my passport and a copy of my I-485 to get my SS card. I was told tha...

    Jennifer’s Answer

    Hello,

    As my colleague indicated, you must either first receive your resident alien card or apply for and obtain employment authorization while your residency application is pending. In order to receive a social security card, you would need to present either a resident alien card or employment authorization document (EAD) to the Social Security Office. Did you and your husband consult with an immigration attorney prior to filing your I-485, or did you prepare it yourself? I'm guessing the later, as an experienced immigration attorney likely would have advised you that you could/should file a form I-765 together with your I-485 to request employment authorization while the residency application is pending.

    It is still possible to file an I-765 after the I-485 is already submitted, but there will be a separate filing fee to do so (currently $380). It usually takes between two and three months to receive the EAD, however. The average residency case here in Fresno (a sub-office of the Sacramento district) usually takes between 5 and 6 months from the time of filing until interview. Of course, average means that there are some cases that do go faster, as well as some that take longer than the average time. I am uncertain how long your I-485 has been pending already, but depending on that time, you possibly may have your residency interview only a short time after, or perhaps even before receiving the EAD if you decide to apply now. It is also possible that your case could be one that exceeds the average processing time, making it worthwhile to obtain the EAD if you have an urgent need for the social security card. Unfortunately, there is no good way to determine that, so it is up to you whether you wish to apply for the employment authorization document now or continue to wait for your residency.

    Kind regards,
    Jennifer

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  • What does Notice To Appear from USCIS mean?

    When do one get Notice To Appear from USCIS?

    Jennifer’s Answer

    Hello,

    A Notice to Appear is a document advising that the person to whom it is directed must appear before a United States Immigration Court. The U.S. Department of Homeland Security asserts that the person to whom the Notice to Appear is directed is not eligible to enter/remain in the United States. Thus, the person must appear before the Immigration Judge to answer and resolve these charges, or if he/she does not come to court, then the judge may order removal (deportation) in his/her absence.

    A Notice to Appear may be issued at different times and for a long list of different reasons. Some of the more common are when a person at a port of entry lacks valid admission documents, but asserts he/she is afraid to return to the country of origin, when someone who is not a U.S. citizen is convicted of certain crimes, or when an application for certain immigration benefits such as asylum or adjustment of status (residency) is denied and the person seeking the benefit does not have other lawful means of remaining in the United States. However, many other circumstances also may result in issuance of a Notice to Appear, and they sometimes are issued erroneously or with procedural irregularities.

    Someone who receives a Notice to Appear is being placed on notice that the U.S. government believes he/she is not eligible to remain in the United States, and may be subject to removal (deportation). Although it is legally permissible to represent oneself in U.S. Immigration Court, it is very difficult to do so. Thus, if someone receives a Notice to Appear, he/she should consult an immigration attorney experienced in Immigration Court litigation, and retain an experienced immigration attorney to represent him/her before the court if at all possible to do so.

    Kind regards,
    Jennifer

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  • Can my brother that is a resident ask a petition for me? To get my green card

    My brother is a resident and we were wondering if he could put a familiar petition to ask for me

    Jennifer’s Answer

    Hello,

    In order to sponsor you, your brother first would have to become a U.S. citizen. Permanent residents may only sponsor their spouse and single children. You may wish to review the family immigration information on the U.S. Citizenship and Immigration Services website for more information about who can sponsor: https://www.uscis.gov/green-card/green-card-through-family

    Another important consideration is that the siblings of U.S. citizens are in a visa category with considerable backlogs (since demand exceeds the number of visas available each year in this category). The current backlogs in the family 4th preference category (siblings) exceed 13 years, and may grow even longer. A beneficiary of a pending or approved relative petition also is not legally permitted to remain in the U.S. on the basis of that petition alone, but must have some other lawful means of maintaining status, or must wait for his/her turn from outside the United States.

    Best wishes,
    Jennifer

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  • Can i correct the DS-260 after it completed ?

    I filled my DS-260, and I sent it on line. They said I must send my civil document with it. While reviewing the DS-260, I noticed that the place of birth was wrong. can I correct the DS-260 and will it cause a problem?

    Jennifer’s Answer

    Hello,

    When you send the civil documents to the National Visa Center, you can also send a short letter with your case number, name, birthday and address, and information about the error on the DS-260 and the correct place of birth. When you go for the visa interview, you also should be asked again at the interview if there are any changes to the DS-260, so you can advise the consular officer of the correction then, too. If it is just the city or region/state/province/district, and not the country that is incorrect, it should not pose too much of a problem. However, if the country is incorrect, you will need to make certain the Visa Center does have the correct country where you will be attending the interview , or your file may be transferred to the wrong location .

    Kind regards,
    Jennifer

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  • Will my husband get deported?

    Hi I am a US citizen and i am married to an illegal immigrant. We have been married for 5 year and we finally got the money to apply for citizenship for him. We filled an I-130 with an immigration lawyer since my husband has a removal order on him...

    Jennifer’s Answer

    Did your attorney advise you to attend the interview on your own? If no one attends, the I-130 may be deemed abandoned and denied, which could be problematic if your attorney intends to either file a motion to reopen to try to cancel the removal order, or if your husband is eligible for consular processing and seeking a waiver of the removal order (as well as a separate waiver of unlawful presence and other inadmissibility). A prior removal is not, in itself, a basis for denial of an I-130 petition. However, someone with a prior order can be arrested and detained at an interview if the government decides to enforce the order. Thus, I agree with my colleague that it would be best to talk to the attorney and find out how she/he recommends getting the I-130 processed in this situation.

    Best wishes,
    Jennifer

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  • Have I to contact selective service office to get a proof that I'm not required to as I wasn't in US btw 18 & 26 yo

    Uscitizenship interview They're asking me an evidence of selective service registration even I wasn't in USA between 18 & 26yo

    Jennifer’s Answer

    Hello,

    Recently, most of the USCIS field offices in my area have been accepting a sworn declaration from the applicant explaining the reason(s) for the lack of registration. However, if the office requires a document from the Selective Service, here is the link to make that request: https://www.sss.gov/Portals/0/PDFs/Status.pdf I understand it usually takes about a month to receive.

    Best wishes,
    Jennifer

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