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Ji Min Kim
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Ji Kim’s Answers

568 total


  • Hi, i have been out of status for 2 months, because my SEVIS was terminated with authorization for early withdrawal...

    hi, i have been out of status for 2 months, because my SEVIS was terminated with authorization for early withdrawal...but i'm getting married soon will this affect my application for permanent residency? because i was suppose to leave but i couldn...

    Ji’s Answer

    If you are marrying a USC, you should be able to obtain your green card by adjusting status in the United States. You need to prove 1) you entered the US inspected with nonimmigration intent (to study, etc), and 2) the marriage was entered in good faith.

    If you are marrying a USC you can still get your green card provided the above two things could be satisfied,

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  • Can i file AOS for my dependent (wife) in October 2015?

    My PD is April 2010 (EB-2 india) and currently i am on EAD and my dependent (wife) is on F-1 Status. with the new USCIS policy and per October's Visa bulletin (DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS) which are moving EB-2 dates...

    Ji’s Answer

    I agree with my colleague. You can file AOS for your wife on or after October 1st.

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  • Switched from H1 to F1 . Does it allow new Cap Exempt application ?

    I was on H1B for last 1 year . I was laid off this month . I have used H1 only for 1 year . I have now changed my status to F1 and I will later apply for a new H1B peition. Will it be Cap-Exempt and can I start working immediately for an employer ?

    Ji’s Answer

    If it is the like occupation/job, you are cap exempt. If you want to do something totally different, new petition (i.e CPA once, now Engineer, etc)

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  • I485 interview

    Hello to everyone. I have a interview on 09/16/15 after VAWA approved, so already i have paid all my taxes except for 2014 i just filed my taxes for 2014 and make a extension, so they told me i can pay my taxes middle of November. So my question i...

    Ji’s Answer

    My colleague is correct to point out the USCIS does not collect taxes. If they inquire, just tell them you extended.

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  • Can uscis deny my greencard?

    I had an AOS interview based on vawa approval. But i got married after vawa approval and told the interviewer about it. She asked me a lot of questions and didnt give any decision at the moment. Gave me a paper which says my case is continued, don...

    Ji’s Answer

    You need to make sure if you got remarried AFTER your VAWA (I-360) petition got approved. If you got married BEFORE it got approved, it will be denied. If you got married AFTER approval, it should be okay.

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  • Hi, I am Egyptian living in my country and I want to apply for E2 visa (investor) or L1 visa . should I apply first for

    a tourism visa and come to USA as a tourist to explore what the convenience business for me or what should I do? in brief, what are the steps that should be done in order to apply for those visas, knowing that my family & I have visited USA many t...

    Ji’s Answer

    To do E2 visa, you need to have the business ready to go by the time you have a visa interview at Consular office. You can change your status to E2 or get a visa. If you change status, as soon as you leave the United States, you need to be interviewed at the embassy in order to come back. I am telling you all this to let you know, this is not something we can answer via Web post Q&A.

    I will advise you to consult with an immigration attorney familiar with E2 visa if you are serious about wanting to pursue.

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  • How long does Green Card process take?

    I am on OPT status until June 2016. I am getting married to a green card holder in December 2015. I will be starting all my application process in January 2016. How long does it take to get the Green Card? Will I get it before the end of my OPT i....

    Ji’s Answer

    My colleagues are correct to point out the processing time varies from region to region. Once you get married and file I-485, you can stay in the United States pending the outcome of the I-485 application.
    Consult with an immigration attorney.

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  • Good faith waiver case in Immigration Court. How is the approval rate ?

    I married an USC and lived together for 2 and half months. Then relocated to my workplace for job. It is 1600 miles away from my wife's city. My wife promised to join me in Fall semester enrolling in local university. But it never happened. On ma...

    Ji’s Answer

    This is very fact specific case. Therefore, you really ought to consult with an attorney. There is no one right answer. We work with what you have and try to convince that when you entered into the marriage, you entered in good faith.

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  • Case status and possible continuance of case

    How can I find a case status without a receipt or alien number? Around 2001-2002 I paid an attorney (do not remember his name) to process a petition from the employer I had at that time. I never receive any communications from the attorney nor imm...

    Ji’s Answer

    This is a bit vague to answer. It sounds like employment based LPR petition but I can't be sure.
    if so, the attorney's client was the employer, not the employee. Therefore, the progress/receipts/RFE were forwarded to the employer, most likely.

    You can try FOIA but given that the petition belonged to the employer, I am inclined to advise you to contact the former employer.

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  • I am 17 years old indian.my mom has greencard. i am also in usa but my visa and i94 expired...can she apply greencard for me?

    i am 17 years old indian.my mom has greencard. i am also in usa but my visa and i94 expired...can she apply greencard for me while i am in usa with expired visa and i94?

    Ji’s Answer

    How did your mother receives her green card? Is it thru marriage? If so, is your step-father a USC? If so, your step-father can petition for you since you are until 17 right now.

    When can your mother apply for the citizenship? If you are under 21 when she gets her citizenship, you should be able to adjust status.

    Consult with local immigration attorneys.

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