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Elliot M.S. Yi

Elliot Yi’s Answers

200 total


  • What is the status if a B2 visa holds stays back beyond I94 date while I539 is in process

    My mother is visiting us on a US B2 visa which is valid for the next 9 years . On her entry this time in March 2016, her I94 was stamped until May15th 2016 . Her return ticket is for June 15th 2016 and I have filed a I539 with USCIS in April reque...

    Elliot’s Answer

    A pending applicant can stay until final decision made but keep in mind if the application is denied her status beyond expiration date will count towards accruing unlawful presence. You should seek consult with immigration attorney for further inquiry.

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  • Can I legally use a one month unpaid vacation while I am in H1B?

    I am a H1B visa holder. I applied for green card. My I-140 is approved and I received my EAD advanced parole card while my I-485 is still pending (less than 6 month). I am going to use a 1 month unpaid vacation. Does it contradict my H1B visa status?

    Elliot’s Answer

    Most likely yes but check with your employers attorney.

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  • Can a H4 Dependent with EAD stay in US after getting divorced, for how long? What are the options?

    I am on H1B Visa with I-140 approved, hence my wife who is on H4 Visa has an EAD. We are gong through a divorce and I wanted to know if and for how long can she stay in US after divorce is complete. What are her options to stay back in US, can she...

    Elliot’s Answer

    It really depends on her employment options and what she may qualify for individually. It's best she seek a consultation to determine what may be available to her as far as changing status or leaving the U.S. and returning on another visa. As my colleagues point out, once divorced, she will need to qualify on her own for another status to stay in the U.S.

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  • What can i do to help my dad stay here?

    My dad is 58 years old he is married to my mother and he has 6 kids and 15 grand kids. My dad was in prison for 4 years he got release on March the 2 he checked in with his probation officer, He did everything he was suppose to do okay. well on Ma...

    Elliot’s Answer

    You need to consult with an immigration attorney to analyze the conviction documents. The type of crime will be a crucial factor in eligibility for various forms of relief.

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  • RFE received for TPS. Will they process my EAD card. Should I be worried.

    I have applied for TPS through a lawer. I had a criminal history 10 years back. Me along with my two other friends got in a police sting for prostitution in texas. I just happened to be in wrong place at wrong time. I have finished all my higher e...

    Elliot’s Answer

    I agree with my colleagues. It is important for the RFE to be responded to based on the specific requests. Good luck!

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  • I have a question about sponsor and co-sponsor for case IR-5

    I'm a US citizen. I applied for green card for my parent (IR-5) category. I'm unemployed but have income from sources outside the US (through renting my property) . Can I use them as asset? If I add my husband as co-sponsor, should I fill I-86...

    Elliot’s Answer

    Yes, you can use other income source and assuming your husband lives with you, you can fill out that form. Good luck!

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  • Can I help my wife at work (not get paid) if I don't have a work permit?

    I was wondering if it's legal for me to help my wife with work at the food cart business she wants to open if I don't have my documents yet? I am not getting paid or anything. It is just her personal business where she needs my help. I am currentl...

    Elliot’s Answer

    You are on your way to getting a green card. It would be best to wait until you receive a work permit first. I agree with my colleagues, if you work now that is unauthorized and an immigration violation. I recommend you consult an immigration attorney in your area.

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  • Adjustment of status or Consular Processing for a spouse? what's the best option in my case?

    i got married to my American wife 2 weeks after i arrived to the U.S on a tourist B1/B2 visa Now, since I'm in the U.S with her we got two options 1, file for adjustment of status since I'm in the U,S already and this process can go faste...

    Elliot’s Answer

    The key is if a person had pre-conceived intent to marry and adjust status at the time you entered. Consular processing may be the ideal option. You should discuss your case with an immigration attorney.

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  • In form i-821 part 4. Eligibility Standards section e.1 Dates that you resided in the other country.

    if I don't know the Exact dates for (from date) and (To date) What I can write instead. especially (from date) because it was long time ago and I don't have the document for that

    Elliot’s Answer

    Approximate the best you can and make note of the estimated dates in your cover letter. Good luck!

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  • Do I need proof of diversion completion to get back in the states

    Traveled out of country many times, but when I renewed my Mexican passport and came through customs last year with a legal green card the customs officer said I need to carry proof that I completed a diversion program I completed as a result of a ...

    Elliot’s Answer

    Yes, it would be best to have those papers the next time around. Good luck!

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