Archived
Will my immigration priority date (via siblings) be affected if I'm getting married, will my spouse get green card with me?
Barbara's answer
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Answered on February 09, 2016
No, it won't affect the priority date. Yes, she will immigrate with you provided she is not inadmissible (prior immigration issues, criminal,...
Archived
Can I apply on behalf of my American citizen sister for I-130?
Barbara's answer
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Answered on February 07, 2016
She does not need to be in the US to apply. For the affidavit of support she can show she is in the process of moving back to US or get a cosponsor...
Archived
Will it be possible to convert the green card category from EB2 to EB1? If yes, at which stage?
Barbara's answer
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Answered on February 04, 2016
There are several sub-categories of an EB1. The role of the employer depends on which category you have in mind. If you are going based on...
Archived
Green Card questions for an Elderly Parent currenlty living in South Africa
Barbara's answer
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Answered on February 04, 2016
The required missing piece of information is whether you are her biological child and a U.S. citizen. If you are not a biological child, then you...
Archived
What should be my answer, is it YES, since i applied for H1 visa earlier in 2013 or I should say NO.
Barbara's answer
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Answered on February 04, 2016
All of the visas you mention, H4, F1, H1B are for non-immigrant, meaning temporary, status. None is for a immigrant, meaning permanent resident,...
How to withdraw I 130 application
Barbara's answer
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Answered on February 02, 2016
I agree with my colleagues. Also note the petition will terminate automatically by operation of law when the divorce is final. However, I would...
Archived
How can I sponsor her so that she remains in the U.S., goes to school and gets free of this man? Cost is no object.
Barbara's answer
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Answered on February 01, 2016
The first concern is for her safety. This sounds ominously close to trafficking, and ICE would be interested. At a minimum he may be a visa...
Archived
Once USCIS rejects my F-1 reinstatement, will I be able to legally stay in the country and study while my other case is pending?
Barbara's answer
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Answered on February 01, 2016
I urge you and your wife to sit down with an experienced immigration attorney to explain your situation. Given the surrounding facts, you should...
Archived
Can I stay in the country after OPT expires and I have applied for AoS through my husband who is a PR?
Barbara's answer
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Answered on February 01, 2016
As the spouse of a LPR you don't have the same privileges as the spouse of a citizen. You must consistently maintain lawful status and never work...
Archived
I came to the US on 7/21/2000 left and reentered on 1/29/2009, am I eligible for DACA? Both entries with inspection.
Barbara's answer
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Answered on February 01, 2016
There is no way to know based on that information. When did you leave, how long were you gone, how old were you when you entered, did you graduate...
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