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Karol Dezwager Brown
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Karol Brown’s Answers

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  • Green card application is pending and I am hoping to visit my country in september

    Hi! I am currently F-1 student. I applied for green card this March after I got married to a US citizen last year. My application is still pending and I am hoping to visit my country in September. Can I still sue my F-1 visa for this upcoming tri...

    Karol’s Answer

    Since you are an adjustment applicant, you can no longer use your F1 student visa. The F-1 student visa requires nonimmigrant intent, and you clearly intend to stay in the United States. You should use your advance parole document to return to the United States after your foreign travel. Good luck!

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  • Procedure for getting a visitors visa for mother in law to lives in mexico

    I am a citizen of the US and i want to know how can i get a visiting visa for my mother in law who is in mexico to come and visit our family?

    Karol’s Answer

    A visitor visa is available to enter the United States as a tourist. This application is made with the US consulate or embassy in Mexico. You can find a list of locations at http://www.usembassy.gov/. You can also read more information about how to get an appointment at the Mexican embassy, and the details about applying for a visitor visa, at the embassy website at http://mexico.usembassy.gov/eng/evisas.html.

    Your mother in law will be required to prove that she does not intend to stay permanently in the United States, which is known as "non immigrant intent." She can show this by demonstrating that she has a job, family, home, social and other ties to Mexico.

    If you would like legal assistance in helping your mother apply for a visitor visa, or if you are considering having her apply for permanent residency in the United States, please contact us at 206-624-8410.

    Good luck!

    Karol Brown
    Immigration Attorney
    Global Law Partners LLP
    216 First Avenue South, Suite 470
    Seattle, WA 98104
    (206) 624-8410 English
    (206) 624-8402 espanol
    (866) 897-8543 fax
    www.globallawpartners.com

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  • Illegal immigrant-marriage-US Citizen-Path towards Citizenship - OPTIONS

    Intend to get married and head towards citizenship - let me know the options? I am an illegal immigrant.

    Karol’s Answer

    If you entered the United States illegally (without inspection), you will have difficulty becoming a permanent resident (which is the first step toward US citizenship). Unless someone filed a family- or employment-based petition for you before April 30, 2001, you are not eligible to adjust your status while in the United States. Your spouse would have to file a petition for you (called an I-130 petition), and once it is approved, you would have to leave the United States and apply for an immigrant visa at a US consulate or embassy in your home country. However, if you been in the United States unlawfully for more than one year, you would be barred from returning to the US for ten years (the bar is three years if you have more than six months of unlawful presence). You may be able to request a waiver of this 10 year bar if you can show extreme hardship to a US citizen or lawful permanent resident spouse or parent.

    I highly recommend that you consult an attorney to provide you with your options because your immigration situation is complicated, If you would like a telephone consultation, please contact us at 206-624-8410 or email us at info@globallawpartners.com. Thank you.

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  • Trouble with fundings

    my hubby is a dutch nationale.our son(10 mos) and i are us citizens.my husband wants desperately to work and provide as wella s he has plans to help teenage kids to rehab from jail in the us in time.but at mo i need to know is thereanyway i can ge...

    Karol’s Answer

    The first step is to apply for permanent residency for your husband. However, I would need additional information to be able to assist you with this question. You would need to file a petition for him (called an I-130 Petition) so that he could get an immigrant visa. The filing fees for this type of application is $355. If your husband is currently in the United States and entered the US legally, he could be eligible to file an adjustment of status application, together with work and travel authorization, at the same time. The filing fees for this type of application is currently $1010. If he is outside of the United States, he would apply at the US consulate abroad after the I-130 Petition is approved. If you would like additional information, or have questions that you would like answered, please contact me at 206-624-8410 or by email at info@globallawpartners.com

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  • N-400 / Naturalization: Declaring all foreign trips abroad

    Part of the requirements for naturalization requires telling USCIS every single trip you have taken outside of the United States for the last 5 years. It is impossible for me to do this with 100% accuracy: first, I live near the Canadian border a...

    Karol’s Answer

    You need to make your best effort to state your international travel history on your N-400 Naturalization Application Form. You can state that the dates and length of stays are estimates on the form, but it is important to at least list the various countries that you visited. If you would like assistance with preparing and filing your Naturalization Application, please contact us at 206-624-8410 or email at info@globallawpartners.com. Good luck with your application!

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  • Immigration

    what if you marry an immigrant less then 2 years, can they still get there citizenship?

    Karol’s Answer

    Under the Immigration Marriage Fraud Amendments, a person who gets lawful permanent residence based on marriage to a US citizen or lawful permanent residence will receive "conditional" residence if they had been married less than two years at the time the person becomes a permanent resident. The conditions may be removed, and the person may get full permanent resident status, by filing a petition with the US Citizenship and Immigration Service 90 days before the second anniversary of getting the green card. Generally, the expiration date on the alien spouse's green card is also the date of the second anniversary as a conditional resident.

    The petition, called the I-751 Petition to Remove Conditions, should include information to show that the marriage was not made solely for the purpose of obtaining immigration benefits. The U.S. citizen or a permanent resident and the spouse must usually apply together in this petition to remove the conditions on the spouse's residence. If they do not apply to remove the conditions in time, the alien spouse could lose conditional resident status and be removed (also called deported) from the U.S.

    If the conditional resident has been battered or abused by a U.S. citizen or permanent resident spouse, the alien may apply to remove the conditions on permanent residency at any time after he or she becomes a conditional resident, but before he or she is removed from the U.S.

    If the couple is separated or no longer shares a household, the petition to remove the conditions of residence may not be denied if the conditional resident can show that the marriage was entered into in good faith and with a genuine desire for a marital relationship, and not solely for immigration purposes.

    If the couple is divorced, the alien may also apply to remove the conditions on permanent residence at any time after becoming a conditional resident, but before he or she is removed from the U.S.

    Once a person has been a permanent resident for three years based on marriage to a US citizen, the person can then apply for US citizenship.

    If you would like assistance with this case, or you have further questions, please contact Global Law Partners at info@globallawpartners.com or call 206-624-8410.

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  • H1B Visas

    Why did H1B visas for 2008 run out in 2 days?

    Karol’s Answer

    The H-1B visas ran out because the demand for these visas was much higher than the supply. The US Congress specifies the number of visas that will be issued in each visa category. Congress provided only 65,000 H-1B visas for the 2008 fiscal year (which starts on October 1, 2008 and runs through September 30, 2009). The first date that a company could file for these visas was six months in advance, or April 1, 2008. The U.S. Citizen and Immigration Service announced that it received about 150,000 H-1B petitions during the first day (which was April 2 because April 1 was a Sunday). The USCIS rejected any petition received on April 4 or after.

    The USCIS announced that it would use a computer-generated random-selection process to select which of the petitions received would receive a visa out of all of the petitions filed. All petitions that were not randomly selected by the USCIS were returned to the applicants. These applicants could be resubmitted on April 1, 2008, when another lot of H-1B visas become available for fiscal 2009.

    The only solution for this lack of H-1B visas is to request that Congress issue more of these visas. I encourage employers and others to call or write your Senators and Congresspeople to ask for more visas to be available.

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  • Discrimination in home country

    Is it true that if I write down that I am being discriminated against in my home country that I can come to the United States and become a citizen?

    Karol’s Answer

    Generally, you must be able to demonstrate a basic level of reading, writing and understanding English to qualify for naturalization, which is the process of applying for US citizenship. You will also need to have a knowledge of US history and government. You can get a copy of the Sample U.S. History and Government Questions on the USCIS website.

    The English language requirements do not apply to people over 50 years old who have been living in the United States for more than 20 years in lawful permanent resident status. The requirements are also waived for people over 55 years old who have been living in the United States for more than 15 years in lawful permanent resident status. There are also waivers available for people who are physically or developmentally disabled or who have a mental impairment.

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  • English

    Do you need to know good English to become a US citizen?

    Karol’s Answer

    Generally, you must be able to demonstrate a basic level of reading, writing and understanding English to qualify for naturalization, which is the process of applying for US citizenship. You will also need to have a knowledge of US history and government. You can get a copy of the Sample U.S. History and Government Questions on the USCIS website.

    The English language requirements do not apply to people over 50 years old who have been living in the United States for more than 20 years in lawful permanent resident status. The requirements are also waived for people over 55 years old who have been living in the United States for more than 15 years in lawful permanent resident status. There are also waivers available for people who are physically or developmentally disabled or who have a mental impairment.

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  • Illegal wages

    Im illegal, and I am getting paid only $3.75 an hour. I want to do something about this, but I am afraid that if I say something I will be deported. What can I do?

    Karol’s Answer

    Under this circumstance, you may be able to file a claim against your employer for failing to meet the state’s minimum wage requirements. Whether you can file the claim depends on the wording of your state’s wage and labor laws. You should also be aware of the risk of deportation as someone who entered the country without a visa. Your best option would be to consult with a labor attorney who could advise you of your rights as an employee.

    Under a recent court decision, you may be able to file a claim against your employer for failure to meet your state’s minimum wage requirements and other labor violations. In a case called Reyes v. Van Elk Ltd., Calif. Court of Appeals (Dist. 2) No. B182068 (2007), four welders who were undocumented sued their employer for not paying them prevailing wages on public works projects that were subject to California's prevailing wage rules. The California appeals court ruled that the employees' suit may proceed because public policy favors vigorous enforcement of minimum labor standards. Furthermore, the California law specifies that these protections are available to all workers regardless of immigration status.

    The court noted that the federal Immigration Reform and Control Act, which imposes fines and penalties on employees and employers that violate the employment verification system, didn't conflict with California's wage and labor protections for undocumented workers. Further, a U.S. Supreme Court decision that undocumented workers could not recover back pay in actions under the National Labor Relations Act didn't conflict with the California protections, as that case was only aimed at back pay awards for work not actually performed, such as when the employee was wrongfully terminated.

    As someone who entered the United States illegally, there is always the risk of deportation. Your employer could notify the US Immigration and Customs Enforcement office (“ICE”) that you are in the US without permission. ICE could then investigate and place you in removal (or deportation) proceedings. However, a court has stated that an undocumented worker has the legal right to sue his employer for reporting him to the U.S. Immigration Service because he filed a claim for his unpaid wages. Singh v. Jutla & C.D. & R's Oil, Inc., 214 F.Supp.2d 1056 (N.D. Cal. 2002).

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