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Barbara A Marcouiller
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Barbara Marcouiller’s Answers

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  • When should an employment-based visa be applied for--before or after the employee starts working?

    My friend's landlord supposedly has a cousin that has offered to file an employment-based visa, but they are claiming that they can't start the process until my friend is in the U.S. and already working for them. Does the visa need to be applied f...

    Barbara’s Answer

    They are completely wrong. He is not authorized to work until it is approved

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  • When applying for citizenship, do I need specific documentation of any time spent out of the country?

    I am a permanent resident (since 2003), I've traveled back and forth between the US & Canada quite a bit (including going to college in Canada but maintaining my US permanent residency). I've never documented or recorded the dates of any of my tri...

    Barbara’s Answer

    Seattle is quite strict about any potential abandonment issues. I've had them really make us work for one when the person had gone to college in the home country. I recommend meeting with an experienced attorney to review all the dates out, and specifically talk about college. Because you may not have gotten stamps going between the U.S. and Canada, you'll need to reconstruct the dates as best you can by remembering events or the purpose of the trip, school terms, etc.

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  • Can you change from Asylum applicant EAD to employer sponsored Green card

    I have an EAD based on pending asylum application and I would like to apply for GC through employer skilled worker EB3 category.

    Barbara’s Answer

    Please be careful to get the whole picture. Filing a petition and actually obtaining permanent residence are two different things! The employer can file the petition, sure. But whether both you and the job qualify under the employment-based immigration law is only part of the picture. You need to determine how you can actually be granted the visa. While you are not accruing unlawful presence for purposes of the 3/10 year bars while the asylum application is pending, neither are you in an actual status. In order to adjust status you have to have a status to adjust. Consequently, you will probably need to return to your country to apply for the visa. if you have a legitimate asylum claim, that could be a problem. If you do return, on the other hand, it will risk any future asylum claim, and you may need to defend that the first asylum application was not frivolous. In addition, no one here knows any history prior to filing the asylum application. Perhaps you would already have been subject to the bar prior to filing asylum. Perhaps there are other grounds of inadmissibility as well. Please, there are serious reasons why it is in each person's best interest to pay for a proper, confidential, thorough, detailed analysis of his/her own situation from an experienced immigration attorney, and not seek a simple yes or no answer on a public forum.

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  • H1B Extension applied in Premium, Got RFE, No Response even after completion of 6 weeks of RFE docs submission

    Applied for H1B extension in premium, it got an RFE. So my attorney responded with relevant docs in 2nd week of Apr'16. It is more than 6 weeks, but didn't got any response. What could be the reason, how to proceed further. My attorney approached ...

    Barbara’s Answer

    Premium processing only assures some type of action within 15 days, which could be an RFE. Once an RFE is issued, there's no guarantee about how long it will take. USCIS recently announced it is ok to do an inquiry on an H1B if it has been pending over 200 days. It makes a lot of sense to take your time to thoroughly document the petition in the first place, rather than just rushing to get it filed (unless of course you're facing an expiration of status date, which you shouldn't be because, you should be paying attention to those dates and making sure the extension is being prepared well ahead of any deadline to avoid the anxious rush)

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  • Photocopy: black and white OR color?

    USCIS wants me to make a copy of my permanent resident card. They did not mention whether they want a colored copy or a black and white copy. I've been reading that photocopying a colored copy of an ID is illegal. What should I do? Will black and ...

    Barbara’s Answer

    Black and white both sides. It is best never to make a color copy of a U.S. government document. It seems silly these days. With all of the technological improvements no one is likely to think you were trying to fraudulently reproduce a document if it is a color copy on 8 1/2 x 11 paper, but that is where the rule came from. INS (back when it existed) clearly instructed b/w copies only marked "COPY". One reason this came up is because the natz certificate says on its face it's illegal to copy, but INS wanted copies; they weren't going to go to the trouble and expense to return originals, so that's when they announced the rule.

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  • How can i cancle my petition of AOS for my parents???

    Its in the process they didnt get any positive latter yet so we want to cancle this and they want to return back to their country so how can i do it???what is the process??

    Barbara’s Answer

    As the petitioner you only need to send a letter withdrawing the petition

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  • Does RCW 61.24.100(5) protect G2 after F1 only partially pays L2? Is what's left on L2 after F1 called a deficiency, too?

    Suppose bank B1 initiated a non-judicial foreclosure F1 of loan L1 in senior position guaranteed by G1 against property P owned by owner O. The proceeds from F1 paid 100% of L1 and 65% of L2 in junior position. B2 sought payment from G2 which guar...

    Barbara’s Answer

    You should know that B1, F1, L1, L2 are all types of immigration visas. This is not an immigration question

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  • I-751 Removal of Conditions - What is taking so long?

    I submitted the I-751 for my spouse 5 months ago. One month after we were called in for biometrics but we have heard ZILCH since. I'm getting worried. I'm pretty sure we submitted plenty of evidence. Below is a partial list of JOINT (containi...

    Barbara’s Answer

    The receipt notice you got after filing expressly extends her status for one year. The reason for that is because it does take them a long time to get to all of those cases. There are even cases that go beyond a year, and the person has to get another extension. There is nothing in your message to indicate something is out of the ordinary,.

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  • Is unauthorized work affecting my DACA application? Do I need to disclose it?

    I am filling out I-765 W and would like to know whether I should put income I get for working without permit. If I do, will I need a waiver or is it automatically forgiven? Also if I use fictitious San, do I put in in the DACA application, becaus...

    Barbara’s Answer

    If you ever find yourself using the word "fictitious" or any similar word, you know the answer! Never even think about it. THAT WILL FOR SURE do you harm!

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  • N400 selective service!!!

    Hello ! I did apply for naturalization 3 month ago and today i did receive the letter for interview and in that letter it states that i should bring to the interview a proof for selective service , i did receive my green card when i was 26 and hal...

    Barbara’s Answer

    It shouldn't be a problem the issue of Selective Service goes to Good Moral Character. You need to show Good Moral Character for the past 5 years, You are now more than 5 years past the age limit to have needed to apply. Write a declaration you can present at the interview regarding why you didn't register, and that you are willing to bear arms on behalf of the U.S. if required--if that's true. You may want an appointment with an attorney to assist you.

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