Skip to main content
Barbara A Marcouiller
Avvo
Pro

Barbara Marcouiller’s Answers

1,439 total


  • Regarding f2 visa

    I got F2 visa in the month of March 2016 but due to incompatibility with my husband I dropped the idea of visiting Us. And applied for divorce. I got an alliance from a Gc holder although the marriage is not fixed yet. Having F2 visa does it crea...

    Barbara’s Answer

    No, you cannot travel as the dependent of your husband who is no longer your husband. You will need to be granted a visitor visa, or your friend will need to visit you to determine if you want to continue the relationship

    See question 
  • Naturalization delays in Seattle .. over 6 months

    I filed my naturalization (through Employment Greencard) after my 5 yrs of eligibility during early Jan'16 but no response after biometrics in Feb'16. 6 months is over. Not sure if this is something normal or I should do something to get this ...

    Barbara’s Answer

    I have an interview on Tuesday for a naturalization filed April 1st. You may want to have an attorney do a status inquiry.

    See question 
  • Will 221g effect h1b employer change(H1b transfer)

    Its my first h1b and I never travelled to US on H1b.I recently attended visa stamping after petition approval and I was handed over a 221g white slip.It has been more than a month after document submission as per 221g but I didnot get any email co...

    Barbara’s Answer

    Did you previously do a change of status within the U.S., and actually work for the employer prior to leaving to obtain the visa? If you never actually worked for the first employer in H1B status, then you are not cap exempt. You should discuss this in detail with an experienced immigration attorney before it gets more messed up. The first one most certainly will affect the second one. You can't do them in parallel, because you are relying on the first one in order to be able to be cap exempt for the second one. This needs a more detailed discussion than can be done in a short message.

    See question 
  • Do I have to move to USA right after I get my green card or whenever I want?

    Im 15 and Im planning to work and live in USA after university. I want to know do I have to move to USA right after I get my green card because if not, then I will try to win green card lottery right after my 18th birthday, because I want to have ...

    Barbara’s Answer

    Yes, you must come to the U.S. within a specified time period, often less than 6 months from being approved for the immigrant visa. You must then not abandon your residency by being outside the U.S. for extended periods (6 months or longer). There are some actions you can take to help prevent you from abandoning your residency. Meet with an experienced immigration lawyer when you arrive.

    See question 
  • My petition to my daughter approved by the USCIS 5mmonths ago last february ,

    When do I accept to receive visa of my daughter. How many months or year? How many months I will wait for the visa My daughter is below 21 yrs old

    Barbara’s Answer

    Only US citizens at least 21 years old can petition for parents. You will need to wait until she's 21 to do anything

    See question 
  • TPS for El-Salvador

    Temporary Protected Status(TPS) for El Salvador has been extended through March 9, 2018. TPS for this country was initially granted in March 9, 2001 because of the earthquake and extension is going on till this time. Even though the condition o...

    Barbara’s Answer

    TPS can be extended a certain number of times, and then the Attorney General reviews the conditions, and, often, re-designates the country for continued TPS. Then it can be extended a set number of times again (I forgot how many, maybe twice), and then the Attorney General reviews it again. This process can continue for many years, however, eventually they have ended the program. For example, it was ended for Lebanon, and, I believe Liberia. In other cases, such as Central America in the 1990's the government tired to end it, but found that challenging. They converted TPS to deferred action, then to deferred enforced departure. Even the president of El Salvador told the U.S. president the country couldn't absorb the return of all those people. Ultimately, Congress passed NACARA.

    See question 
  • I-130 and I-485 still pending (10 months)

    My wife and I had out immigration interview in September 2015. The case was put for further review. Mid January she got a visit from immigration officers asking her additional questions and asking us to send in additional evidence which we sent in...

    Barbara’s Answer

    It is not standard procedure for an officer to visit an applicant or petitioner to request additional documents. It is done by way of a specific written notice. You should do an inquiry.

    See question 
  • Priority date for I-130

    We filed my I-130 and I-485 together at the end of December of 2014. We received a notice that it was received on December 30th 2014. We had our interview in September 2015 and it was put for further review. In January 2016 immigration officers s...

    Barbara’s Answer

    You must state the basis for your I-130 in order for an attorney to determine whether you were subject to the preference system (priority dates) or not. If you were, then you weren't qualified to file the I485 concurrently with the I130. More likely, they simply haven't made a final decision, and you should do a status inquiry. You seem very confused, which is completely understandable. Immigration law is extremely technical and very complicated. It would have been worth it to have an attorney.

    See question 
  • How to convert an A2 Diplomatic visa into a H1b visa or similar to remain and work in the US

    I have worked as a British Government employee as a Finance Manager for 3 years now under an A2 diplomatic visa in my own right (not a dependent). I would like to remain in the US and work for a company such as Amazon. Can you tell me the best rou...

    Barbara’s Answer

    You will need a qualifying job offer. You must file the application while continuing to maintain your current status, unless you plan to leave according to the terms of your current status and apply from abroad. In the employment context, it is the employer who files the petition; it is not something you do on your own, unless you can show you are of extraordinary ability or the work you do is in the National interest. the challenge with H1b's is the lack of visa availability. Depending on more information, you might explore the possibility of an EB1 international manager/executive. You need a detailed meeting with an immigration attorney, but first you do need a qualifying employment.

    See question 
  • Can I apply for h1b while having my combo card on hand?

    I was a j visa holder and applied for I-140 (which was approved) and I-485. i'm not on j any more since I have my combo card. There's an academic employer who is ready to sponsor me a h1b premium visa. Can we proceed with h1b while I have my EAD? ...

    Barbara’s Answer

    A J visa does not allow for dual intent. While you are allowed to remain in the U.S. during the processing of the adjustment of status in certain situations, it is not actually a status. In order to change status you have to have a status to change. You no longer do. Also note that you can't just apply for an H1B, because there are no H1B's available. You appear to be subject to the cap. If so, then you need to file on April 1st next year, and hope you get selected in the lottery. Immigration is not something you can just check online and file an application. There are a lot of tiny details that can totally affect the case. The best way is to meet with an attorney for a detailed strategy session. At this point, you need to focus on the adjustment being approved.

    See question