Skip to main content
Amy L Becerra

Amy Becerra’s Answers

128 total


  • My fiance ( visa beneficiary ) is not working at the moment so she can't prove any income. Would that be an issue?

    I am aware that we need to prove that my fiance will not likely at any time become a public charge. She doesn't have a job to prove an income but I do have a job that would allow me take care o her. What kind of proof or document should I give to ...

    Amy’s Answer

    • Selected as best answer

    At this point, I wouldn't worry about proving whether or not she has a job, the point is whether or not you, as the petitioner, her sponsor, and future spouse, will provide for her, both while she is in the US as a fiancee visa beneficiary, and presumably, later once you're married and filing an adjustment of status application and immediate relative petition for her. If you're working, you can submit whatever proof you have of income, such as: a brief letter from your employer on company letterhead stating your name and position, salary/pay rate, full-time vs. part-time status, and when you began with the company; paycheck stubs; W-2s and copies of federal income taxes for the last 3-5 years; or whatever other proof that you have income if it's from a trust or retirement fund, etc. For the Affidavit Support (I-864) in the future, you'll need to show you earn at least 125% of the federal poverty guidelines for that year, which can be found as Form I-864P under the 'Forms' tab on USCIS' website: www.uscis.gov. Best of luck!

    For assistance in preparing a K-1 fianc(e)e visa package, contact Amy L. Becerra, Esq.; (757) 345-9019; amy@alblawoffice.com

    See question 
  • My husband refused to jointly file form i-751 to remove the conditions on my green card, since he lost his job recently.

    What can I do with that situation?

    Amy’s Answer

    You're not clear in your question as to why your husband refused to jointly file other than because he lost his job. If that means he doesn't want to file because he cannot afford to pay the filing fees, then you might consider jointly filing the I-751, but with a request to USCIS to waive the filing fees. USCIS has the discretion to waive filing fees in such situations, but you must make the request and provide documentation as to the reason(s) why you cannot afford to pay the fee. Here's a link to the page of the USCIS website that describes how to do that. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6fbad59ae8a8e010VgnVCM1000000ecd190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

    Hope that's helpful and that your husband will reconsider filing jointly with you (so long as your marriage is still intact, of course). Otherwise, you may file by yourself, but only in certain situations, such as abuse, or if the marriage has been terminated. If you plan to file on your own, I would highly recommend consulting with an immigration attorney experienced in filing waivers of the joint filing requirement for I-751s. Best of luck!

    For assistance in preparing a Petition to Remove Condition on Residence, contact Amy L. Becerra, Esq., (757) 345-9019; amy@alblawoffice.com.

    See question 
  • I need to file a I-751, to remove conditions, based on marriage. I am 4 months late. Can I still do this.

    Also, can I travel abroad while my I-751 petition is pending. Is there a travel permit I can apply for? Or is my Green Card expiration serious that I should not travel abroad?

    Amy’s Answer

    If you are still married and living together, you and your spouse should file the I-751 as soon as possible, including as much information/ documentation/ evidence that you did not marry solely to gain an immigration benefit, as well as an explanation as to why you filed late. USCIS does not have to accept the filing, but if it does, it must process it. While I generally don't recommend my clients travel while they have a pending I-751, they may (so long as there aren't unlawful presence issues and such) so long as they have the temporary I-551 stamp in their passport. In your case, I would consult an experienced immigration attorney before filing to make sure there aren't any other issues to be concerned about in your case, but I would do so quickly! Best of luck!

    For assistance in preparing the I-751 Petition to Remove Condition on Residence, contact Amy L. Becerra, Esq.; (757) 345-9019; amy@alblawoffice.com.

    See question 
  • I petitioned my sister (I-130) 2 years ago, Does anybody knows how much longer it wil take?

    Case status is in initial review

    Amy’s Answer

    • Selected as best answer

    Mr. Olano has provided you with an important link to the Department of State's monthly visa report. Your sister would be in category F4. He is correct in saying that visa numbers for that category are current for priority dates on and before January 1, 2001, unless your sister is from Mexico (in which case, the priority date is March 1, 1995) or Philippines (priority date April 1, 1989). Best of luck!

    See question 
  • Am I considered deportable for the time being?

    I have recently went out of legal status, but I am married to a UC citizen. We are actually going through a separation and have not even had the chance to file for the adjustment of status. Does the marriage certificate itself hold any defence sho...

    Amy’s Answer

    The simple answer is, no. Marriage alone does not provide any sort of immigration benefit. Your spouse must have sought to petition on your behalf and you to have applied for adjustment of status based on that petition. If there was physical/mental/emotional abuse in your marriage, it may be possible for you to self-petition under VAWA provisions (Violence Against Women Act), but you should speak to an immigration attorney with experience in that area before taking steps in that direction. Otherwise, you are out of status and accruing illegal presence which will give you difficulties in the future as far as remaining in and/or returning to the U.S. in a legal status--including remarriage to a U.S. citizen. I think it is worth investing in a legal consultation with an immigration attorney.

    See question 
  • My sister is visiting me in the US with a tourist visa. Can I submit a I-130 petition for her while she is here?

    I am a United States citizen and I would like to submit a green card petition for my sister. She is currently the States on a tourist visa. If the I-130 is pending can she overstay her visa until a priority date is available?

    Amy’s Answer

    As a United States citizen, you may submit an I-130 for your sister at any time, but this category of family-based immigrant visas is the lowest priority category, and as such, 12-15 years may pass before a visa number becomes available for a beneficiary. The simple answer to your question is, no, your sister may not overstay her visa until that priority date is reached. If she overstays her visa for more than 180 days but less than a year, she could potentially trigger a bar of 3 years on her admission in any legal capacity; if she overstays her visa more than a year, that bar is raised to 10 years. It is not simply a matter of waiting the priority date out and then filing an I-485 with a waiver application and paying a fine. She could be detained by ICE and/or have removal proceedings brought against her. She will not be able to legally obtain employment authorization or a social security number, and it would be difficult for her to obtain a driver's license, bank account, or real property. Having her marry another US citizen is not a guaranteed solution either. Rather than setting her up for a life of furtively looking over her shoulder and trying to live under the radar, I would recommend she invest in a consultation with an experienced immigration attorney to explore her (legal) immigration options. Best of luck!

    See question 
  • Can I speak to a district judge about my husbands immigration status before I hire a lawyer that would charge me 15k?

    My husband is an immigrant and I have been told I have options to take, He is telling me that it will cost 15k to go ahead and start my process. I have also talked to 3 other lawyers that say they have never heard of a lawyer costing that much, al...

    Amy’s Answer

    There are definitely a lot of experienced immigration attorneys available to assist you. You can contact your state's bar association for a referral. You may also look to the American Immigration Lawyer Association website at www.aila.com for a searchable database of immigration attorneys. I would not recommend hiring an attorney you do not trust or who you feel is charging exorbitant fees. Whatever you do, get any fee agreements in writing, preferably with an explanation of what an attorney is proposing to do for you for such a fee. Best of luck!

    See question 
  • Does my husband have to leave the U.S???

    Hello I'm trying to fix my husbands papers we've been married for more than 3 years now and we have a one year old boy. My husband was brought to the USA by his mother with no passport when he was 13 years old he now has 14 years living here but I...

    Amy’s Answer

    It would be well worth your time and money to consult with an experienced immigration attorney regarding your husband's matter, both to explore his immigration history and to determine whether or not his best option is to seek permanent residence through a petition by a US citizen spouse and whether he may do so through adjustment of status, with or without an I-601 waiver. It's easy to make assumptions based on just the little information you have provided, but definitely speak with an immigration attorney and bring any documentation your husband may have regarding his identity, nationality, and prior immigration and/or criminal history to your appointment. Best of luck!

    See question 
  • Immigration visa through marrige

    I am a U.S Citizen, and I recently, in April, petitioned for my husband, who lives in mexico, using the I-130 form. He has never been to the U.S before. I am currently pregnant, and due by the end of September. I am very concerned about him being ...

    Amy’s Answer

    Even though it may arguably be a moot question in the end (depending on processing), now that you've filed the I-130, if you have the receipt for that, you can file a K-3 visa application and, if it is approved before the I-130, have your husband arrive on that nonimmigrant visa as the spouse of a US citizen, and complete the process of obtaining permanent residence for him after he arrives in the States. The previous response is excellent, but I thought I might add this other possible option, although it might not necessarily be faster, it depends on circumstances. The K-3 was originally meant to be a faster option than the immigrant visa process for spouses of US citizens. Best of luck. For assistance in preparing a K-3 visa petition, contact Amy L. Becerra, Esq.; amy@alblawoffice.com.

    See question 
  • How would hiring a family law attorney assist in my immigration case?

    My wife, who sponsored me for conditional permanent residence, filed for divorce. Our marriage lasted for less than two years. We have no property/assets/children. Would obtaining a divorce attorney with an immigration law background help me later...

    Amy’s Answer

    While you might find a divorce attorney with some immigration background, for filing an I-751 petition with a waiver of the joint filing requirement, I think it is advisable to consult with an attorney who is very experienced or specializes in immigration primarily simply because the field is very specialized. An attorney who has handled this type of case will be able to tell you how to build a strong case with supporting documentation showing the marriage was bona fide and entered into in good faith and not only to gain an immigration benefit. You will want to find someone with success in this type of case, not someone who is just learning and thinking that reading the form instructions are enough. At any rate, you may not file the petition until your the marriage is actually terminated unless you want to receive a Request for Evidence asking for proof the marriage is terminated to which one cannot respond. While a good family law attorney is probably what you want to handle to your divorce, I don't generally encourage people to hire anyone other than an experienced immigration attorney to handle their immigration matters. Best of luck. For assistance in preparing your I-751 waiver case, contact Amy L. Becerra, Esq., amy@alblawoffice.com.

    See question