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Frustrated aged out second time around i130 petition
2nd Nov 2008 10:44am, Updated: 5th Nov 2008 5:20pm, Rated: unrated
Lee-AnnMcKay asks...

All in all I have been waiting over 18 years to emmigrate to the usa.

First petition was a derivative scenario (I was about 10 when my parents applied) then I "aged out" and found out when my parents and brothers papers came through that I was to apply again by myself as a unmarried daughter of permanent resident (over 21). My parents did that in February 2004 and on 3 June 2008 my application was approved and tranferred to nvc.

This is really taking forever and it is SO unfair (stamping my foot). I am 32 years old and want to settle down and start a family but I cant do anything until I get there. MY entire life is on hold, coupled with that I am struggling financially in a 3rd world country.

Is there anything that can be done to expidite this application.

Please help....
Andrew MacDonald Wilson says...

Have you received the fee bill yet from the NVC? This is the letter with request for fees to start the immigrant visa process.

If yes, have you received the letter from the NVC requesting docs and forms they need in order to schedule your appointment?

Overall, immigrant visa process usually takes about six months.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com
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Apllication for Change of Status (I-485) After a Short Visit in Canada.
16th Oct 2008 7:01pm, Updated: 4th Nov 2008 6:51pm, Rated: unrated
[Anonymous] asks...

I'm a US Citizen, and my new wife wants to apply for change of status.

The problem: A few months after she got her I-94 we traveled to Canada (by car), and no one took her I-94 nor did she get a new I-94 when we returned to the country. A few weeks later she applied for an extension (I-539), and when asked when did you last arrive in the country she gave the info from the I-94 (it was the next question after she was asked for her I-94 #). Now (almost six months after she applied for an extension and it's still pending), she wants to apply for a change of status (I-485), and she needs to answer when did she arrive last in the country. If she writes the date as shown on the I-94 it matches the previous application answer, and she has a proof (form I-94). If she answers the date when we got back from Canada, it won't match the answer on the previous extension request, and she has no proof of legal entry to the US (the border officer didn't issue a new I-94.

What should we write as the last entrance to the U.S.? What should we do???
Andrew MacDonald Wilson says...

I have seen this issue before and actually have it on a currnet case we are handling.

I would put the actual last date of entry on the I-485 form.

If an RFE is sent out or request from local office because the I-94 date and no passport stamp matches that date, you need to explain that she entered from Canada and no new I-94 or passport stamp was issued. If you have any separate evidence of that trip (receipts, hotel info etc.) that may help if a response is requested.

It is not uncommon that a return from Canada does not trigger a new I-94 or stamp, so the local CIS office should not be oblivious to that issue.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com
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I-140
30th Oct 2008 11:39am, Updated: 4th Nov 2008 6:42pm, Rated: unrated
visaseeker asks...

Hi,

I am new to this forum and I would like to get experts advice from wise people here. My company sponsered my Green Card through labor substitution and my I-140 got denied due to Employer inability to pay. My company is offering me a fresh application for Labor Approval and they are willing to do a fresh application. Will that be right choice to continue with same employer with a fresh application for GC. If yes what will be the success rate?

Regards,
Visaseeker.
Andrew MacDonald Wilson says...

I am sorry to hear that your I-140 was denied.

Are you maintaining H-1B or L-1 status right now? How much time do you have left?

The main question remains your company's ability to meet the ability to pay issue at the I-140 stage. If it is the same company that could not meet that requirement before, what has changed? Are they financially in a better position now? If they file a labor certification now, can they prove ability to pay going forward through tax returns? Do they have 100 employees or more?

Nothing wrong with same employer sponsoring you for green card process, but you do want to make sure you can address that ability to pay issue this time. That is usually done by corporate tax returns that show profit of at least the prevailing wage offered in green card paperwork. W-2s and pay stubs that prove they are currently paying at least the prevailing wage from green card paperwork can also be very helpful.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com


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Marriage to a USC
11th Oct 2007 10:11am, Updated: 4th Nov 2008 6:34pm, Rated: unrated
kirtida8 asks...

If someone marries a USC and is already here on another visa, do they have to return to the UK to wait for the process to complete? and how long would this take?
Andrew MacDonald Wilson says...

If an individual was last lawfully admitted to the U.S. and is now married to a U.S. citizen, that person may pursue a green card from within the U.S. through adjustment of status rather than return to the U.K. and process out of the U.S. consulate.

When applying for a green card through an immediate relative within the U.S., the two main immigration forms are the I-130 and I-485. Additional forms include the G-325A biographical information, I-864 affidavit of support and I-693 medical form. In addition, if work permission and travel permission are required, those forms include the I-765 (work permission) and I-131 (travel permission).

I-130

The I-130 form is the petition for a foreign national relative. The U.S. citizen files this form with U.S. Citizenship and Immigration Services (USCIS) to establish the immediate relative relationship to the foreign national relative who wishes to immigrate to the United States. The U.S. citizen must file a separate I-130 form for each eligible relative. For example, if a U.S. citizen wishes to petition for his foreign national spouse and foreign national step-child, a separate I-130 must be filed for both the spouse and step-child.

In order to prove that the petitioner is a U.S. citizen, one of the following documents should be included with the I-130:

Birth Certificate
Passport
Naturalization Certificate
Form FS-240, Report of Birth Abroad
An original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
I-485

The I-485 form is used for the adjustment of status paperwork. Adjustment of status is the request by the foreign national to apply for and obtain permanent resident status in the U.S. The I-485 form calls for information about an individual's lawful status in the U.S. and any prior criminal or immigration problems.

There are many criteria an individual must meet in order to qualify for I-485 adjustment of status. Some of the fundamental requirements include last entering the country through proper inspection, being in lawful status in the U.S. and never working without permission in the U.S.

While most individuals may not adjust status if any of these criteria are not met, the last two are not impediments to an immediate relative wishing to adjust status within the U.S. INA 245(c) bar to adjustment because the person lacks current lawful status or the person worked without authorization does not apply to immediate relatives.

Even an immediate relative, however, is ineligible to adjust status within the U.S. if s/he last entered without inspection. In those cases, the immediate relative must return to the consulate abroad and apply for an I-601 hardship waiver. These matters are common seen with Mexican nationals who entered the U.S. without inspection and married a U.S. citizen. these individuals are ineligible to adjust status from within the U.S. and must process for an immigrant visa and I-601 hardship waiver at the U.S. Consulate in Ciudad Juarez.

Examples:

(1) A foreign national enters the U.S. under valid H-1B status. He works for one year under H-1B status and then leaves his employer. He begins work at a new employer but doe snot file new H-1B or any other work authorization paperwork. Two years later he marries a U.S. citizen and wishes to apply for a green card based on that relationship. Is the individual eligible to apply for I-485 adjustment of status?

Yes-Even though the foreign national no longer possesses lawful status and has worked without permission, he is still eligible to adjust status because he is applying as an immediate relative.

(2) A foreign national enters the U.S. without inspection by hiding in the back of someone's truck. The individual stays in the country for two years and marries a U.S. citizen. The individual does not wish to leave the U.S. and wants to apply for a green card through I-485 adjustment of status. Is he eligible?

No-There is no exception to the bar to adjustment of status for someone who entered the U.S. without inspection. if the individual wishes to apply for a green card, he must return to his consulate abroad and apply for an immigrant visa and I-601 hardship waiver.

G-325A

The form G-325A is a biographic information page used to collect critical biographic information of the U.S. citizen and foreign national. Background information required includes parent names, dates of birth and residences, current/prior marriages, current/prior residences and current/prior employment. G-325A forms will be included for both the U.S. citizen and foreign national with the I-130 paperwork, but only the foreign national with the I-485 paperwork.

I-864

The I-864 form relates to the affidavit of support requirement. the purpose of the form is to prove that the foreign national intending immigrant is provided enough financial support by the U.S. citizen spouse so that s/he does not become a public charge. The I-864 sponsor must be the U.S. spouse petitioner from the I-130, although a co-sponsor may be used if the U.S. citizen spouse cannot document enough income/assets. In some cases, the foreign national spouse's income may be used if the couple has been living together for at least six months.

All sponsors must submit the following documentation with their I-864:

Proof of current employment or self employment

A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.

A sponsor may also submit a photocopy or an Internal Revenue Service issued transcript of a complete Federal income tax returns for the second and third most recent tax years if these additional tax returns help establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.

If you are using the income of persons in your household or dependents to qualify as a sponsor, you must also submit a separate Form I-864A, Contract Between Sponsor and Household Member, for each person whose income you will use

In order to meet the affidavit of support requirement, the sponsor must demonstrate income that meets at least 125% of the poverty guidelines for the household size. (Poverty Guidelines) If the sponsor's income is insufficient, as briefly described above, s/he may utilize a household wage earner or co-sponsor. A household wage earner may file an I-864A form while a co-sponsor must file a separate I-864.

I-693 Medical Form

The I-693 medical form is used to determine whether an applicant for adjustment of status is admissible to the United States on medical grounds. The medical examination must be conducted by a civil surgeon who has been designated by Citizenship and Immigration Services (CIS). Find a Civil Surgeon

The I-693 medical results generally remain valid for 12 months (although that may be exended by CIS) and must remain sealed when filed.

I-765

The I-765 is the form used to apply for work permission while the green card paperwork is pending. If approved, the foreign national will receive an Employment Authorization Document (EAD). The EAD is generally valid for any position at any employer, including self-employment. In most cases, an EAD is issued within 60-90 days of filing.

I-131

The I-131 is the form used for travel permission while the green card paperwork is pending. If approved, the foreign national will receive multiple advance parole documents that may be used for entry back into the U.S.

Two Points of Caution with Advance Parole

Unless you are in H-1B or L-1 status, do not travel outside the U.S. after I-485 paperwork has been filed until the I-131 advance parole paperwork is approved. Traveling without an approved advance parole could lead to abandonment of the green card paperwork.

If you have any unlawful presence issues or concerns, do not travel outside of the U.S. even if you have an approved advance parole. Individuals who have accrued unlawful presence may trigger a bar to adjustment of status if they travel outside the U.S. while green card paperwork is pending.

See

http://srwlawyers.com/ImmigrationOptions/GreenCard/GreenCardThroughMarriageToUSCitizen/tabid/173/Default.aspx

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com
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Visa Petitioner Died
21st Jun 2008 2:35pm, Updated: 25th Sep 2008 1:22pm, Rated: unrated
[Anonymous] asks...

Hi,

My father (US citizen) applied for my sister and her family (husband and 4 children) in 99. She lives in Lebanon. He passed away in Sep of 06. Almost a year ago the lawyer asked for reinstatement of her I-130 since then she contacted them several times but no one answers. We received a confirmation that they received all the papers. All I could find on the internet is information but I have no idea of how long does this take. I don't know if anyone has a similar situation and have been approved for reinstatement. My sister is in her 50's and 2 of her children already aged out. But the situation in Lebanon is not stable besides one of her children is handicapped. We are 8 children 6 of us are US citizens and 1 had a green card. All living in the US and also my mother lives in the US and she is a US citizen. I just don't know what to do next. And do you have an idea how long will it take for them to answer. Do you think they would accept her for those huminatarian reasons. Is there something we can do to speed the process. Is the lawyer not doing a good job in your opinion.

Thank you for much for any advice you would give me.

Tania
James Wolf says...

Hi Tania

In my experience, humanitarian reinstatement is rarely granted. I have seen it happen only once in nearly 20 years of immigration law practice. There is no deadline for the government to act and no receipt system for tracking so it can become like a black hole. The applicant may never get an approval and never get a denial notice either. It is typical that simply nothing happens for years and years. Unfortunately, many people who forgo alternatives because they think the reinstatemewnt will be approved...

When clients ask about the humanitarian reinstatement process, I always recommend alternative ways to immigrate, like employer sponsorship. With 7 of you in the US, one of you might know a friend or relative with a business who can offer to sponsor your sister for a green card. She will need to work for the sponsor full time after she gets here. This process takes about 3-5 years for approval.
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I 864 form
22nd Jun 2008 11:38am, Updated: 25th Sep 2008 1:13pm, Rated: unrated
Jane Kandler asks...

I filed a I 130 to bring my parents to the United States, however I am confused as to when to fill out the Affidavit of support & where to send it. Some info that I have found only states to send when they send to me is this true or should I have sent with the I 130. I have received confirmation back from them stating that they received the I 130 but no further info. I have found nothing else that states what the next process is. I have thought about consulting an Immigration Lawyer for help but have not been able to fnd one in my area of Crestview FLorida (near Fort Walton Beach).

Please can you help?

Jane
James Wolf says...

Dear Jane

I assume your parents are living outside the US and will stay there until they immigrate. I assume you also filed separate I-130s for each parent. If so, once the I-130s are approved, the Citizenship and Immigration Service (CIS) will send you an approval notice that says it is transferring their cases to the National Visa Center (NVC). The NVC will send you a bill. Once you pay the bill, the NVC will send you the affidavit of support to complete and send back to the NVC. The NVC will send other forms and a document checklist for your parents to complete and return to the NVC, Once NVC has all the completed forms, they will set up an immigrant visa interview date for your parents to appear at the nearest US Consulate overseas.
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Canadian in South Carolina
13th Jul 2008 3:39pm, Updated: 25th Sep 2008 1:07pm, Rated: unrated
brian1556 asks...

I am a Canadian citizen, living in South Carolina fior fourtheen years now, I have my own business and I am here illegally, I had a NC Carolina which expired and could not be renewed because I do not have any papers.
Could I get a SC Drivers license?
My business depends on me driving, I have to depend on others and it is not reliable, I have insurance on my vehicel.
Please advise, any help will be greatly appreciated.

Thanks
James Wolf says...

Dear Brian1556

I recommend you dont have any unnecessary contact with a governemnt agency and pray for an Amnesty law in 2009.
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Alternative income on E-2?
14th Jul 2008 8:50am, Updated: 25th Sep 2008 1:04pm, Rated: unrated
another1 asks...

Is it possible to seek alternative income on an E-2 if you are in dispute with your original contract. Are there any mitigating circumstances for this if you were to be cut off whilst a contractoral dispute was going on. There must be many E-2 businesses that don't always work out so what are your alternative options to get an income? ....Many thanks.
James Wolf says...

Dear another1

If you have an E-2 as an employee of an E-2 company (you did not invest in the company), you cannot work for another employer unless you have a change of status.

If you have an E-2 as an investor, you can only gain income through your E-2 company but the E-2 company can get provide your services to another party under a contract between your company and the third party.
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L 1 visa
16th Jul 2008 7:07am, Updated: 25th Sep 2008 1:01pm, Rated: unrated
[Anonymous] asks...

How long take 221 (g) administrative processing for L class visa of USA ?

Since I am interviewed on May 23 2008 and but still no confirmation is received. All my papers, passports are in Embassy. My approved I797 is expired on June 20, 2008 but still no finalised my case.
James Wolf says...

Dear Chitragurung

Section 221(g) means there is some mising information or documents. If the embassy did not ask you or the petitioner (US sponsoring employer) for any additional information or documents, it means that your case is under investigation for possible fraud. There is no time limit for this type of investigation.

You should be able to retreive your passport at any time. Unless the passport itself is being investgated as a possibly fruadulent document, the return of the passport should not affect the 221(g) process.
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Visa Adjustment of Status
25th Jul 2008 12:41pm, Updated: 25th Sep 2008 12:56pm, Rated: unrated
hafnhaf11 asks...

My fiance is currently here on a J-1 (Au Pair) visa. She is on her second year, and it is set to expire in late November. I submitted a Petition for Fiance visa in May 2008, and I am now concerned that it will not be ready before her current visa status expires and that this may not have been the best course of action for me to take.

I want to avoid her having to leave the United States for any period of time, and I'm not sure what the best route of accomplishing this is. If I were to marry her now, what would the next steps be in adjusting her visa status in the quickest manner? Can this be accomplished before November?

Thank you.
James Wolf says...

Dear Hafnhaf11

Have your fiancee check her J-1 papers to see if there is a notatation stating "subject to section 212(e)." If she is not subject to section 212(e), you can get married now and then she can file an application for adjustment of status. She can stay here and should be approved for a green card without having to leave the US.
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Selling an E-2 Business
4th Aug 2008 10:01am, Updated: 25th Sep 2008 12:49pm, Rated: unrated
[Anonymous] asks...

Hi,
We bought a business last year and were granted a 2 yr E-2 visa for it. Have also started another business but under the same corporation name. The start up business is doing really well, and I believe will qualify for a start up E-2 visa at a later date. Ideally, we would like to sell the business we bought and concentrate on the start up one. I understand that if we sold our original business that we bought on E-2 that we would have to submit a new E-2 visa application for the start up one. My question (eventually!) is can we wait until our E-2 visa is due for renewal before applying or do we have to have an E-2 visa in place in regards to the start up one before we can sell the original business? Many thanks.
James Wolf says...

As long as the E-2 was approved under a corporate name and the old and new business were / will be operated under the corporate name, you do not need to do anything with the immigration authorities until it is time to renew the visa or extend your period of stay.
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Abandonement of LPR status?
14th Aug 2008 8:39pm, Updated: 25th Sep 2008 12:47pm, Rated: unrated
[Anonymous] asks...

Hello,

Thanks in advance for the advice. I got my GC in 8/2002. These are my overseas trips:

1. 9/30/02 - 2/9/03(131 days).
2. 3/4/03 - 11/6/03( 246 days).
3. 12/5/03 - 11/16/04( 346 days). I have never been out since last return.

Filed my tax returns late for 2003 and 2004 because of misunderstanding re-foreign income exclusion. I believe based on information given to me by someone, that I did not need to file a return since my foreign income was less than $ 76,000. When I became aware that this was incorrect, I eventually file my returns in 2007 using Form 2555 qualifying by physical presence rule of 330 days in a 12 months period. I had no US income for 2003 and 2004. I have always filed my tax returns since returning back to the US and has never filed as a non-resident. I owe no over taxes. During my absences I maintained residence at my dad's home and had an active bank account. I also had a letter indicating the start and end date of my overseas employment for a non-US company.

I now know that what IRS considers legal can be a red flag for USCIS like Form 2555 and also trips greater than 180 days. My trips took longer than 6 months since had 3 deaths in my family on last trip intended to return before 6 months but it was very expensive to come back and return for 3 funerals.

Would you consider that I abandoned my LPR status by claiming foreign income exclusion based on physical presence rule and the trips 246 and 346 days long?

Can I apply for Citizenship in November 2008 4 years and 1 day after my last trip? Is it safer to wait for 5 years minus 90 days to apply that would be August 2009? Would my foreign employment be an issue since I would have to mention it as it falls within the last 5 years?

Thanks for the advice.
James Wolf says...

Filing Form 1040NR is a definite probelm with the CIS but Form 2555 does not disqualify you from any immigration benefit.

You are eligible to file the N-400 when it has been four years and one day from the date you came back from the trip that broke the continuity of your residency.
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PLEASE RESPOND
22nd Aug 2008 8:51pm, Updated: 25th Sep 2008 12:25pm, Rated: unrated
[Anonymous] asks...

I AM AN AMERICAN CITIZEN AND I NEED TO KNOW IF I HAVE BEEN CHARGED WITH A BRECH OF PEACE AND A CONSPERICY TO LARCENY AND CONSPIRACY TO FADERY IN THE 3RD DEGREE WOLD I QUALIFY TO PETTITION MY SPOUSE FOR PERMINANT VISA
James Wolf says...

What is "fadery?"
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No way forward?!
8th Sep 2008 4:38am, Updated: 25th Sep 2008 12:23pm, Rated: unrated
Borncute asks...

Hi. My mother-in-law (US Citizen) filed for my fiancee for residence/green card for USA. His lawyer said do not get married until you get the card. He had his final interview in June 2005 and the officer said all is well, you should receive the card within next few months - his lawyer confirmed this also. All he had to do was attach some tax papers from his mum - so he took them back but couldnt see the person but left them at reception with his details. Thinking all was well we married in October 2005. In Novermber 2005 he got a letter saying he was denied etc etc etc. The reason being they never received the tax papers. I found out he had been a naughty boy (ahem) so I remained in the UK and effectively left him. He refiled his papers as a SINGLE man in Dec 2005 and received his Green card and all was well. At the time we had one son and I was pregnant and we had two children. This year we have decided to make it work with each other. BUT - he filed himself as a single man so how can he apply for me & kids (all UK Citizens). Should we divorce, wait a year then remarry then file? Should I apply for work in the US and enter on work permit? Should I study in US and get a student visa (i already have a degree & post grad so i could top up and study at masters level. He had a visa for UK as we were married but he let that lapse as we never lived together. I cant see anyway forward. Can you advise me what to do? Much appreciated.
says...

Hi Borncute

I am having a hard time understanding your situation.

Please identify your mother in law, your husband and your fiancee by first name.

Please tell me the citizenship, US immigration status and current country of residence for you, mother in law, your husband and your fiancee.

Please tell me which country you want to live in

Thanks
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E2 visa- how do you become citizen
18th Sep 2008 8:14am, Updated: 25th Sep 2008 12:02pm, Rated: unrated
ldinnendahl asks...

I have a E2 visa and it states that to become naturalized you need to have permanent residence in the U.S.A for 5 years. Well a E2 visa is a temporary visa. I will have lived here for 5 years but now want to become a American citizen. Can you do this?

James Wolf says...

The E-2 visa does not automatically convert to permanent residence. An E-2 visa holder can become a US permanent resident in 3 main ways: Family, Investment, Employer
1. Family - you would need to be sponsored by a US citizen parent spouse child or sibling or by a permanent resident spouse or parent
2. Investment - you need to invest $1 million and create 10 new full time direct jobs for US citizens or permanent residents. The required investment can be lowered to $500,000 if the business is located in an area of high unemployment or rural area. The government will assume the job creation requirement has been met automatically if the investment is placed through an approved regional center.
3. Employer - you need to find an employer to offer you a full time job and sponsor you for a labor certification
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E2 visa
20th Sep 2008 5:32pm, Updated: 25th Sep 2008 11:53am, Rated: unrated
david alyyan asks...

I have set up an incorporated company in the US specialising in property managment, remodeling and sales with a capital of $800,000.
The business is already running and is employing two US citizens and so far I have spent over $250,000 on properties which I bought from banks to remodel and put back into the market for rent or sale.

I am a British citizen with two children and married to a Danish national.
My question is could i apply for an E2 visa in the UK and is it easy to get?

many thanks
James Wolf says...

Hi David

For obscure historical reasons, the investment treaty with the UK only provides the E-2 visa for UK citizens who actually reside in the British Isles. See footnote 10 at this link: http://www.state.gov/documents/organization/87221.pdf

If you are residing in Denmark, you may not get the E-2 visa; The US Embassy may tell you to resume residency in the British Isles and then reapply for the E-2 visa. Assuming this residency issue is resolved, I believe your business would qualify you for the E-2.
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CSPA opt out provision when parent naturalizes, stay in F2A?
2nd Feb 2008 12:14pm, Updated: 5th Feb 2008 2:05am, Rated: unrated
jenny asks...

I have question about the CSPA opt out provision when the parent naturalizes.
I have a pending I-130 for my son (Swedish citizen). It was filed when he was under 21, second preference child (F2A). He is now over 21 and is in F2B. I have applied for citizenship and will naturalize. When I do, the I-130 will automatically convert to the family-based first preference (F1) category (unmarried son or daughter of a United States citizen). Section 6 of the CSPA gives the option to opt-out from this conversion. (Originally, only petitions originally filed in F2B category could opt out, but now this has been amended to cover F2A also).

My question:
F2A category is faster than F1 (right now about 1 year). If we decide to exercise the opt-out provision, can he stay in F2A, since his adjustad age is under 21? Or will the opt out provision keep him in F2B? Can we use CSPA Section 6 (opt-out) and Section 2 (age on petition filing date) together so he can stay where he was originally, F2A? The CSPA states the beneficiarys eligibility for family-based immigration will be determined as if his or her parent had never naturalized. My interpretation of that would mean he can stay in F2A. Have this been tried before?
Thanks, Jenny
Jonathan Capp says...

Good Question, and I am not sure of the answer, I think he has converted to F2B so you cannot stay in F2A-this is the type of question I'd need to either try and see what they do; I don't think there is an USCIS memoranudm on this issue
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student visa
24th Jan 2008 9:55am, Updated: 31st Jan 2008 2:21am, Rated: unrated
oliveoyle asks...

I am a french citizen. I have been accepted to study in a dance program that is fairly new. They are in the process of becoming accredited but will not for awhile. How can I get a student visa without them being accredited? I hope to begin my classes with them in September of '08.

Jonathan Capp says...

BY not being accredited I assume you mean that they cannot issue you form I-20, which you need to geta an F-1 visa or perhpas an M-1 visa in your case for a vocational student.

If they are not able to issue you this form then you cnanot get an F-1

IF, however you intend to come for a few months to what is called a 'recreational school' [and dance scholl may be classified as such]you should be OK doing this on the Visa Waiver Program. There is a certain amount of flexibility for short stays in such this case.
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Aging Out
18th Jan 2008 4:45am, Updated: 23rd Jan 2008 12:45am, Rated: 2/5
anniemm asks...

Can you tell me what options, if any, kids have (who's parents are in the US on a temporary Visa ie. E2, L1) before they reach 21, which will allow them to stay in the country legally once they have reached their 21st birthday.
Thank you
Jonathan Capp says...

Its a pretty complex and common question of course.

Once a non immigrant visa minor dependent, such as an L-2, H-4 or E-2 son or daughter reaches 21 then they 'Age Out'. At that point they basically have to stand on their own two feet. Of course if the parent has managed to adjust status and received a Green card by that time, then the dependent can typically adjust status with them and obtain a Green card as a derivitive beneficiary. If the application is still pending on their 21st birthday, then whether or not the dependent can also adjust status depends on the application of the immigrant visa 'Age out' rules which often [but not always] serve to protect a dependent whose parents have filed an immigrant petition before they have turned 21.

Assuming this has not happened, the son or daughter then has to find a wholly independent basis for staying in the country. Often F-1 student status is the answer, sometimes E-2 dependent can be hired on as E-2 managers or somehow become E-2 investors themselves.

In short, they are on their own two feet at this time.
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Wanting to divorce husband on E2 visa and stay in US?
27th May 2013 4:58am, Rated: unrated
[Anonymous] asks...

We have lived in US for 5years and have 2 children who are US citizens. Would we be able to stay if we divorce?
My husband is Canadian, what if I wanted to go back to my home the UK with my kids?
.
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Entered the states on VWP need information urgently
24th Dec 2012 7:20pm, Rated: unrated
[Anonymous] asks...

Hi
I am married with a US Citizen I am German he left Germany because he needed to in August.
I booked a flight for October to visit friends , family and to see my husband but stayed with friends after a while I thought about to stay here with him I could not go back to Germany without him
Now my problem

I entered the states on VWP I just have the Esta no I-94 you do not get this anymore also a stamp in my passport who say when I do have to leave the Country

I am here now not really 90 days my time end as it show in the passport january 7
Am I allowed to file adjustment of status?
Which documents I need to do this?
Do I have to give them documents they are translated?

What happen if I overstay and file after the overstay can I still do this because I have to safe a little bit more money it is very expensive or would they deny me after the 90 days

would be nice to get answers to help me
thank you
Merry Christmas Eve
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On L1- how does my status change if I marry a E2 holder
16th Dec 2012 12:11pm, Rated: unrated
[Anonymous] asks...

Hi,
I am currently on a L1 visa. My boyrfiend is on an E2 visa. If we get married and I have L1 status, do I become E2 if I wish. Or to be E2 (so I can apply for other jobs as my L1 is company sponsored) do I have to resign from my job?

I would like to live with him but I am employed in another state and my work visa is only for my current company. I looked at H2s but they are all done for this year

Any help would be appreciated

Thanks
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Please Help me urgent
3rd Nov 2012 11:37am, Rated: unrated
[Anonymous] asks...

Hello.I have deniel notice for i140 and i 485,but have got work authorization.I was legal when i aplied for extraordinary abbility pettition and i am legal now to (D/S).During the case they requested more evidence and that letter was made by mistakes,we found another persons quotes in my case .We called and mantioned about it,then sent more evidences.I didi fingerprints and got work authorization very soon in one month time i applied.But nw i chekde statuss of my case online and it says denial of i 140 i 485.What is going on?what can i do?Why i have work authorization card if i got denied i 140 form?Thank you very much in advance.
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Denial i 140 and i 485
3rd Nov 2012 11:31am, Rated: unrated
[Anonymous] asks...

Hello.I have deniel notice for i140 and i 485,but have got work authorization.I was legal when i aplied for extraordinary abbility pettition and i am legal now to (D/S).During the case they requested more evidence and that letter was made by mistakes,we found another persons quotes in my case .We called and mantioned about it,then sent more evidences.I didi fingerprints and got work authorization very soon in one month time i applied.But nw i chekde statuss of my case online and it says denial of i 140 i 485.What is going on?what can i do?Why i have work authorization card if i got denied i 140 form?Thank you very much in advance.
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I-130
16th Oct 2012 12:03pm, Rated: unrated
[Anonymous] asks...

Hi! I am a US citizen and turning 21 soon. I would like to know if I can file an I-130 for my alien parents currently residing outside USA before exactly turning 21 or few months before my 21st birthday.
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How do I find out my status
11th Oct 2012 4:17pm, Rated: unrated
[Anonymous] asks...

My husband applied for and was granted either a temporary or permanent resident status. I do not what his status was because when he died the hospital returned his wallet to me but removed the card establishing his status and refused to give it back to me.
In any case my husband died in 1990. He had made several trips to Mexico to visit me and our children but we never came to the USA until after his death. I received a social security card when I moved to the United States which said not valid for work. I settled in the USA because I was told I would be eligible to receive my husbands benefits here but not in Mexico. I think i have lived in the USA as an undocumented person for over 20 years. I did not try to get a visa to come to the USA. I do not want to do anything until I can determine what Status I might qualify for. I do not know what my husband may or may not have done to get some type of status for me.
I would like to change my status but I do not know what I should or can do to figure out what my options are. Can you give me your thoughts?
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I130 filed
6th Oct 2012 11:48pm, Rated: unrated
[Anonymous] asks...

hello,

my husband filed i130 for me in oct. my pd is oct 17 2011. he is an lpr. i am a permanent resident of canada. we still have not got our i130 approved. since i live in canada do i get consular processing in canada. any idea on immigration visa time for montreal consulate after i130 gets approved?
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Regarding My Daughter Minal Patel Case (Green Card Under CSPA Act she is eligible after retrogression under "Sought to Acquire" paid IV fee before retrogression & docs submit after retrogression )
3rd Oct 2012 1:54pm, Rated: unrated
[Anonymous] asks...

I am very confuse & fur starting regarding my daughter's case which under CSPA act eligible.

Here My Daughter's General Details this is for your ready reference

Visa Category : F4 ( BROTHERS & SISTERS)
PRIORITY DATE : MAY 23.2001
RECEIPT DATE : JULY 24 ,2001
NOTICE DATE : JUNE 24 2009
PAYMENT ON IV SYSTEM : 23rd NOVEMBER 2010 Before Retrogression USD $ 404.00 already paid so its a "Sought To Acquire " Status before retrogression with paid fees of IV system so age is locked as per PATRIOT ACT as per section 6 & 9 ?
February 2011 : Retro gates Dates to Jan 2000
DS 230 & AOS Send Date With Correction as per NVC : 6th July 2011 after retrogression

NVC CASE COMPLETE DATE : 5th August 2011
NOW a Days : Just Waiting for Open Visa Date As per Priority Date become Current.

Sir , i want to know my daughter is safe because as per "Sought to Acquire " rule.
we paid fees before Retrogression and also within 1 year close.but eventually DS 230 and AOS send after retrogression happened in February,first time send in March but it return with insufficient details.

so i need to know my daughter is safe because now F4 category priority date is MAR 15 2001 ,so within 3 to 4 months priority date becomes current.

so i want to make sure any prior legal action is required or my daughter is safe because i am confuse with exact "sought to acquire" status because fees paid prior retrogression but documents submitted after retrogression but within 1 year clause .

so retrogression affects her or as per "Sought to Acquire " her age is locked & safe from retrogression please advise me for this case.


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Driving
3rd Oct 2012 12:11pm, Rated: unrated
[Anonymous] asks...

Hey, my drivers license expired at the same time as my h1-b visa back in July, I was married before hand, but I am unable to drive, and we had a small hiccup with paper work so its taken longer then expected, right now Im looking at Jan/Feb before I can drive again. Now if I come here as a tourist I can drive on my UK license for the duration of my vacation, which could be up to 90 days...So my question is can my husband put me on the insurance for 90 days with my English license, or will it cause issue?

Many Thanks
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US Citizenship
28th Sep 2012 10:19am, Rated: unrated
[Anonymous] asks...

Hello:

I am new to this forum and this is my first post. I have following confusion and I hope you can answer my confusion. I am planning to apply for US Citizenship.

I am India born Canadian citizen. I have US green card since Feb 2007. I traveled to India to get my US green card. I landed in US around end of February 2007. I stayed with my brother for a week and then I went back to Canada In March 2007. I used to come to visit my brother on and off for few days thro ought the year on my Canadian Passport. Once I get my US green card I used both while crossing the border. After US Green card I stayed in Canada till July 2008. I used to live in Niagara Falls (due to job) so I used to cross the border quite often for interview or shopping on my green card with Canadian Passport. So now I am applying for US citizenship and in this form they asked about out of country travel including Canada. So here is my confusion. Should I say I was in Canada from March 2007 to June 2008 even I was making short trip to US. Once I got the job in US in July 2008 I moved to USA i.e. in July 2008. They have not stamped my passport so I do not know accurate date. So If I use random date, will it create problem? Also, If I show them I stayed continuously to Canada from March 2007 to June 2008 then they will ask for "re-entry Permit" which I do not have.

What should I suppose to write? Should I mention my Canada stay? or just say I was with staying with my brother till I got the job in July 2008 and do not mention any stay in Canada? I have started submitting my federal tax (US) from 2008. I have not filed for 2007 as I did not work in US.

I know it may be confusion but I will appreciate if you can answer me.

Thanks,
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26th Sep 2012 7:00pm, Rated: unrated
[Anonymous] asks...

Hi! I have question. I have this problem..
I'm planning to file my adjustment of status which requires other form to be completed like affidavit of support which requires my husband's Federal tax income. He was out of the country for 2 yrs (from Nov 2009 - Dec 2011) He just got back last Dec 29, 2011 and started working in January 2012. What should I do if I can't provide the recent Federal tax?

Thank you so much in advance
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26th Sep 2012 3:44pm, Rated: unrated
[Anonymous] asks...

Hi! I have question. I have this problem..
I'm planning to file my adjustment of status which requires other form to be completed like affidavit of support which requires my husband's Federal tax income. He was out of the country for 2 yrs (from Nov 2009 - Dec 2011) He just got back last Dec 29, 2011 and started working in January 2012. What should I do if I can't provide the recent Federal tax?

Thank you so much in advance
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26th Sep 2012 3:41pm, Rated: unrated
[Anonymous] asks...

Hi! I have question. I have this problem..
I'm planning to file my adjustment of status which requires other form to be completed like affidavit of support which requires my husband's Federal tax income. He was out of the country for 2 yrs (from Nov 2009 - Dec 2011) He just got back last Dec 29, 2011 and started working in January 2012. What should I do if I can't provide the recent Federal tax?

Thank you so much in advance
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my american fiance has is on drinking and driving parole state , dose that effect our merriage visa?
23rd Sep 2012 2:13am, Rated: unrated
[Anonymous] asks...

Dear Sir/Madam
you are kindly requested to let me know of this matter , as my fiance is American and i'm not ,and he has 5 years parole state for drinking and driving , he spend a year in correction center and the rest is parole , while e is in parole if we get marry and apply for marriage visa , is that gonna affect our case or not ? any advise will be appreciated a lot ,
warm regards
neda
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K1 Fiance Visa
12th Sep 2012 2:08pm, Rated: unrated
[Anonymous] asks...

Dear Sir/Madam,

I would like to enquire whether it is possible to travel to the USA as a EU citizen with the waiver program for a short visit while my K1 Visa application is in progress?

If yes, what documents are needed to proove that I am going to return to my country?

Thank you.
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Am I allowed to visit my fiance in the USA while K1 Visa Application in progress?
12th Sep 2012 10:39am, Rated: unrated
[Anonymous] asks...

Dear Sir/Madam,

I would like to enquire whether I am allowed to enter the USA for a short visit to see my fiancee while my K1 visa application is in progress? What documents do I need to prove that I won't overstay or try to stay illegaly?

Thank you for your time.

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Start Green card process from outside United states
12th Sep 2012 5:23am, Rated: unrated
[Anonymous] asks...

I have completed 6 years of my H1B period with New jersy based consulting company and later returned back to home country (India) by March 2011.
Here my Question, is that possible to start Green Card process with my Ex-US based consulting company when i'm outside United states?
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Immigrant Visa
4th Sep 2012 2:24pm, Rated: unrated
[Anonymous] asks...

My father left United States in 2004 because he is ill & I cannot take care of him because I have 2 jobs at that time. He is still sick & cannot walk alone without help. He is 81 years old now, is it possible or can he still comeback to United States? He got a green card & no expiration...what should I do? My dad is retired Philippine army, & served in Vietnam War. Please let me know what to do, thank you.
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Immigration, divorce, child custody, returning to the uk
24th Aug 2012 1:44pm, Rated: unrated
[Anonymous] asks...

Hello,

Ive been living here in the USA for 9 years. I got married 8 years ago, my wife and i now have a 5 year old daughter.

She cheated on me a few months ago, moved out etc.. and has since moved back in to make matters even worse!

We were all supposed to go to England together in June but she opted to stay here despite having her ticket paid for.

Instead she went on vacation with her boyfriend whilst i was away with our daughter in England.

I now have nothing here except my daughter and need to return home. My wife has agreed to go too. How on earth can we do this!?

Yours hopefully
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How to get a green card
10th Aug 2012 12:48pm, Rated: unrated
[Anonymous] asks...

Hi I am 23 and am unmarried. I am an F1 student from Gambia and my visa expires in 2014. My brother is a naturalized us citizen and wants to file for me. Therefore i was wondering how long would it take for me to get my green card if he files for as i entered legally in the states and currently in school....
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i485 issue CSPA
10th Jul 2012 5:04pm, Rated: unrated
[Anonymous] asks...

Hi,

Here are the facts of my case. I am derivative beneficiary under EB-3 category. My date of birth is May 4th, 1987.
The priority date that I retained through my dads application is March 2003.

Feb 2004 -> Dad filed I-485, I-140 for himself and my mom. He was not able to file i-485 for me then because my H4 visa was denied when I tried renewing it. Our plan was for me to come to US and apply for I-485 while I am here, instead of consular processing.

October 2004 -> I-140 approved.

Jan 2005 -> Priority dates moved back to 1999 (retrogressed)

June 2007 -> priority dates moved to June 2003 and July 2007, dates were current.

June 5, 2007 -> parents GC was approved

June 8, 2007 -> Filed 485, EAD,AP for myself (dependent son) while I was here in USA under H4 visa. This is the receipt date. We sent the application a week earlier.

Since then, I have been working in the US with EAD and current status is AOS - I-485 pending.

My parents naturalized last week. When we asked our attorney before this, he repeatedly said there wont be any problem for the derivative upon parents naturalization. So did the immigration officer before my parents took the oath.

We have heard some really bad news from some lawyers while some others don't agree to the below conclusion and I really need your help on this.

Since my parents naturalized while my application is still pending, they will eventually DENY MY I-485 based on the following law as presented by one of the attorneys:

9 FAM 40.1 N7.2-4 Effect of Principal Alien's Naturalization on Derivative Status

(CT:VISA-1000; 09-03-2008)

A following to join derivative must immigrate to the United States prior to any naturalization as a U.S. citizen. If the alien fails to immigrate prior to any naturalization the citizen must file an immediate relative petition for the family members.

9 FAM 42.12 N3.6 Effect of Principal Alien's U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 42.12 Notes Page 5 of 7

Naturalization

(CT:VISA-1142; 02-03-2009)

The lack of a time limit on when a following-to-join derivative may immigrate may result in a case where the principal alien becomes a naturalized citizen. In such a case, the principal alien should file a relative petition for the family member. (See 22 CFR 42.21(a) and 9 FAM 42.21 N4.)

However, few attorneys think this case does not apply to me because I am not a follow to join but rather a simple AOS. As per the Foreign affairs manual (as told by couple of other lawyers), reason being the following:

FAM is the Foreign Affairs Manual and generally
applies to obtaining visas abroad. The term 'following to join'
applies to derivative applicants coming from abroad (i.e. if you file
an I-130 for your brother, in 10 years the visa becomes available, his
wife and children would be following to join, or you get your
employment based green card and your wife and son are in India and
they are coming as following to join). It is generally prompted from
the filing of an I-824 petition.

As per the CSPA angle, I am pretty positive(and so are few other attorneys) that I am protected as my age is locked at 19years. Above attorneys(who said parents naturalization has no effect on my pending 485) are saying that I am definitely protected under the CSPA law.

I really appreciate any body's input on this matter. Am I really in trouble at this point ? Fortunately (fingers crossed), EB-3 dates are progressing very slowly so I may have some time to seek other options but I really need assistance on this matter. Please help me. If it could possibly be denied, all the money that my parents spent which is about 50K USD will go down the drain

Thanks a lot,
HVM
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AOS civil documents
31st May 2012 11:55pm, Rated: unrated
[Anonymous] asks...

Hello there,
I need your help concerning the AOS required documents for Dv 2012. Well, I have been selected for the DV 2012 and I was wondering that since I am a F1 student, living in the US since 2010, do I still need to submit a police record from my home country along with the I-485? At this time My F1 visa is expired but am on my I20 and I am allowed to apply for an OPT card to work in the US after the completion of my studies for 1 year ( I have applied for the opt card and I am still waiting for it to come). My question is, do I need to send them my I-20 to prove I am legally staying in the US ? Or will they need my OpT authorization although I dont have it yet? Also I read a lot about an affidavit of support, do I really need it?
I know it's a lot of questions at the same time but I really need your help because the uscis and the travel.state gov websites confuse me.
Thanks in advance for helping me out !
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CORPORATIONS AND DIVIRCE
13th Apr 2012 10:59am, Rated: unrated
[Anonymous] asks...

My ex-husband and I moved from the UK to the US in 2003 on an E2 visa. We formed a corporation and registered a DBA. When we divorced in 2007 the business was not mentioned in the divorce papers. We bought the business on a 50/50 basis and I still have my share certificate stating I own 50% of the corporation. Do I? I know he wants to sell the landscaping business, but can he without me signing anything? He has been running the business since we separated.
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Renewing I94 for the second time -- Doubt
27th Feb 2012 12:59pm, Rated: unrated
[Anonymous] asks...

Hello,

My question needs to be supported by a story before.

Two years ago my husband and I renewed our I94 for the first time after expiration of our E2 Visa.

While USCIS was examining the paperwork, my mother got very sick in Italy and had no choice but going.
My lawyer at that time, explained to me that my husband (who is the one who got the E2 Visa) should have done a petition.

I had to be in Italy for a little less than two months, and when coming back to the US I had a round trip airplane tickets to go back to Italy in three months and wait for the petition my husband had to do. I was lucky at the US Customs, so they let me in almost without problems.

We were still waiting for an answer from USCIS as far as the I94 were concerned, but our lawyer said I could forget to get mine renewed, of course.

However... however, a couple of weeks after I came back, to my surprise, I received the renewal of my I94 and permission of working.
I immediately communicated this to my lawyer, who suggested to wait another couple of weeks and then go to the DMV to apply for an ID card, explaining to me that since the two offices are connected, had they refused me the ID, that meant they knew they issued an I94 by mistake and they were 'correcting' it.

I got my new ID card. Since the date they mailed my I94 was subsequent to my entry in the US, we left things as they were and I did not go back to Italy three months after and of course no petition was done.

Now, we need to renew our I94 again very soon. This time we would prefer not to use a lawyer because money is tight at the moment. I would like to go to USCIS and ask what are the documents they need, but I am afraid to go there. What if a 'lucky' mistake was solved on their part and by going there I get in trouble?

Thank you very much for your kind answer.

Marili

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Help
2nd Jan 2012 3:45pm, Rated: unrated
[Anonymous] asks...

Derivate asylee status approved- Nov. 2000
I485 denied due to death of principal asylee- July 2009
Untimely motion to reopen pending since Sep. 2011

In regards to Public Law 111-83 and the Child Protection Act, would it be wise to reapply for residency instead of waiting for a decision on the MTR?
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converting from B-1/2 to E2 Visa
31st Dec 2011 6:04am, Rated: unrated
[Anonymous] asks...

I am based in pakistan running business ,having a valid B-1/2 Visa interested in setting up business in USA ,to obtain an E2 visa what would be wise ? establish a business in USA then go E2 or proceed for E2 first ?
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converting from B-1/2 to E2 Visa
31st Dec 2011 6:04am, Rated: unrated
[Anonymous] asks...

I am based in pakistan running business ,having a valid B-1/2 Visa interested in setting up business in USA ,to obtain an E2 visa what would be wise ? establish a business in USA then go E2 or proceed for E2 first ?
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I485 interview after MTR filed
23rd Nov 2011 5:00pm, Rated: unrated
[Anonymous] asks...

My husband( British) was denied in June 2011 for failing to appear for an I485 interview. He was out of the country,( England) let back in on a visa waiver which expired in September. He stayed to wait out the MTR, we have now received an interview regarding the I 485. the question of abandonment has arisen as he left the country in June. Can you tell us what to expect at this I485 interview next week? We are not represented by an attorney. His case still remains "denied", not even in pending. Please advise, thank you so much.
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work authorization
18th Nov 2011 1:03pm, Rated: unrated
[Anonymous] asks...

i have been living in the U.S. for about 10 years now. when i moved here i was just visiting and under age. i met my now wife 5 1/2 years ago and now have 2 children together. we filed for a I-129F petition for fiance and it was approved. we got married within the 90 days and sent the marriage certificate in. we are waiting on any results and i was wondering if i can file for a work authorization while were waiting that way i can work and help pay bills. If i can, do i just file for the I-765, application for employment authorization?
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Starting a consulting business as a L2 visa holder
17th Oct 2011 9:05am, Rated: unrated
[Anonymous] asks...

Hello,
I am a Canadian citizen who has moved to the US based on my spouse's L1 work visa and transfer. I hold an L2 visa, valid employment authorization and SSN as part of my L2 status. My L2 status (linked to my spouses L1) has a 3 year term.

Question: Can I start a consulting business on my own with an L2 visa status?
If so, what major steps does one need to take in order to be able to legally invoice clients for consulting work that I would be offering?

Thanks in advance.

- Canuck looking to consult.
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UK Passport
5th Oct 2011 3:31pm, Rated: unrated
[Anonymous] asks...

I am a UK citizen and have lived here in the US with my wife for 9 years, she is a US Citizen, is she entitled to apply for and get a UK passport for travel with me, so will be able to enter UK in the same line at Passport control as I can?
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Self employment
21st Sep 2011 2:04pm, Rated: unrated
[Anonymous] asks...

I recently moved to US on an L2 visa (husband has L1). In the UK I was a self employed artist and hoped that I could just carry on with same here in US but seems much more complicated than that.

I believe I need an EAD to work - does that apply if I'm self employed too?

I've also been told I may need a Business Licence to trade - I'm living in Washington State.

I'm planning to sell work through galleries and online and don't envisage I'll be earning very much, just a little pocket money. I'll be creating all work at home.

Finding it really hard to get answers to these questions so thanks for your time.
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Question for Immigration Attorney
13th Sep 2011 2:25am, Rated: unrated
[Anonymous] asks...

how can a person having L1 visa go for H1 B visa.What would be the procedure for applying H1.
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Query on Humanitarian Reinstatement
11th Sep 2011 7:23am, Rated: unrated
[Anonymous] asks...

HI,

So glad to find this site..i'd like to ask a question on behalf of my mother. She was petitioned by her mother (deceased) under the category F-3..Her priority date was Aprill 22,1994. My grandmother (petitioner) passed away 4 years ago..All of her brothers and sisters and their family is already living in the US because they were petitioned when they were still single. HEr only dream is to be in the US to be with her brothers and sisters, and i know that is the only wish of my grandmother as well.

Unfortunately, she was informed by a friend that once the petitioner dies, the petition dies as well..Should she still hope for a positive result about the petition?If there is any little chance atleast, what is the best advise that you can give us..

by the way my mother is an overseas worker, she's been working in Saudi for almost 10 years now but is taking her vacation yearly.however she is deciding to leave and stay in the Phils for good by next year.and honestly, she's still hoping that one day she can be with her brothers and sisters in the US and bring my two minor siblings with her.

I would appreciate the advise, and relay the information for my mother as well..

Thanks
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L1 EXTENSION DENIED...NOW WHAT ??
29th Aug 2011 6:07pm, Rated: unrated
[Anonymous] asks...

Hello,
Appreciate any help on our situation..

Just filed my L1 extension at VSC (first renewal) and got an RFE about my job description duties & % of employees etc...after we responded to the RFE in detail we received the denial. Have spent one year opening up the business, doing major construction on a store, hiring employees etc only to be denied !
There is no one that can replace me to run the business so really don't understand what USCIS expects us to do...just abandon the business and fire all the employees and lose our investment ?

What our options ? Can we file an appeal on the L1 and also file the I140 ?
And also refile a new L1 ? I'm confused as what we can or cannot do. We are given 33 days to appeal the denial...today is the last day on my initial L1.
Any help on this would be appreciated....really really worried. Thank You so much !!
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L1 EXTENSION DENIED...NOW WHAT ??
29th Aug 2011 5:35pm, Rated: unrated
Dutchess asks...

Hello,
Appreciate any help on our situation..

Just filed my L1 extension at VSC (first renewal) and got an RFE about my job description duties & % of employees etc...after we responded to the RFE in detail we received the denial. Have spent one year opening up the business, doing major construction on a store, hiring employees etc only to be denied !
There is no one that can replace me to run the business so really don't understand what USCIS expects us to do...just abandon the business and fire all the employees and lose our investment ?

What our options ? Can we file an appeal on the L1 and also file the I140 ?
And also refile a new L1 ? I'm confused as what we can or cannot do. We are given 33 days to appeal the denial...today is the last day on my initial L1.
Any help on this would be appreciated....really really worried. Thank You so much !!
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Residency Considered Abandoned ....
12th Aug 2011 11:52am, Rated: unrated
FloridaFatKat asks...

Hi there

I am (and have been for 11 years) married to a USC. I got my permanent green card in 2005. In 2008 we left the US and headed back to the UK for what ended up being almost 4 years (initially planned for 2). We have just returned to the US.

While away, I discovered that my US residency was considered 'abandoned' as I had left the country for too long without notifiying USCIS.

I was allowed back into the US on my UK Passport, as a visitor for 90 days, to accompany my wife and our two children back to our house and help them move back in and re-establish themselves.

I believe I need to re-apply for my residency but have heard that second time around it's not such an 'easy' process as the US takes abandonment very seriously/personally.

As I mentioned before, I've been married to my USC wife for 11 years and we have 2 USC children (10 & 8).

Any thoughts would be much appreicated.
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change of ownership
10th Aug 2011 10:31am, Rated: unrated
fluffyscuba asks...

My great aunt who lived in Florida bought me some shares when I was born under the Florida Gift Minors Act. She has since passed away and I would like to sell them. I have just found the share certificates which say [Her Name] cust [my name] under fl gift min act.

How can I go about changing the name? Because they were issued under the gift act, can I just call up and ask for the name to be changed? Does the fact that she is dead make a difference?

Many Thanks
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Name change on shares
10th Aug 2011 3:56am, Rated: unrated
fluffyscuba asks...

My great aunt who lived in Florida bought me some shares when I was born under the Florida Gift Minors Act. She has since passed away and I would like to sell them. I have just found the share certificates which say [Her Name] cust [my name] under fl gift min act.

How can I go about changing the name? Because they were issued under the gift act, can I just call up and ask for the name to be changed? Does the fact that she is dead make a difference? How best to proceed?

Many Thanks
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My Thai wife ran off before we could file for her green card. How much trouble is she in?
25th Jul 2011 11:28pm, Rated: unrated
tom1113 asks...

I met my wife on line when she was an AuPair. Days after we started talking she called me and told me she was on her way to my house in Rhode Island from Virginia. She ran from her host family.

The host family accused her of stealing, and child abandonment, but the host father was home. The police charged her with both crimes, but dropped the grand larceny charge if she plead to contributing to the deliquincy of a minor.

I got her out of jail. She was facing deportation. She had an ICE hold on her. I produced our marriage licence, they let her go.

We got married a week after she was released. She took the deal, she asked me to pay her parents $30,000.00. I said no. A few months went by, she started to pull away from the marriage.

She ended up taking off. I have not heard from her in a couple months. I have no idea where she is. She is on probation. I have not reported her missing because I did not know what will happen to her, or me...

What kind of trouble is she in?

What kind of trouble can this cause me? I am at the point where I feel she used me to get her out of a jam and want to report her and get her charged with marriage fraud. I did send her family allot of money over the months we were together. I am also a single father. She got really close to my kids while she was here. They are devastated...
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k1 visa and criminal record
22nd Jul 2011 1:15pm, Rated: unrated
[Anonymous] asks...

Ok so a few years ago i was made to admit to a theft from a workplace crime from this i was given a caution

1 year ago i visited the usa and met my fiance i found out today that i ticked no the the arrested or convicted question on the i-94 entry form at the time i didnt not know what moral turpitude meant, i do now

I now wish to marry my usa fiance and live over there i love him dearly and cannot imagine how i would live with out him but i fear that my stupid mistake has now made me ineligible to marry him

i need some advice on this what are my chances?
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k1 visa and criminal record
21st Jul 2011 7:47pm, Rated: unrated
kellysam asks...

Ok so a few years ago i was made to admit to a theft from a workplace crime from this i was given a caution

1 year ago i visited the usa and met my fiance i found out today that i ticked no the the arrested or convicted question on the i-94 entry form at the time i didnt not know what moral turpitude meant, i do now

I now wish to marry my usa fiance and live over there i love him dearly and cannot imagine how i would live with out him but i fear that my stupid mistake has now made me ineligible to marry him

i need some advice on this what are my chances?
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16th Jul 2011 12:46pm, Rated: unrated
[Anonymous] asks...

Hi,my husband and I were granted asylum 4 years ago.since i he was the principal applicant he had to filed for my daughter to come to the USA and since I don't know her whereabouts I tried to file for my daughter myself and the immigration denied it because I wasn't the principal applicant.now I know where he is I contacted him and he refused completely to do so an completely abandoned me.my question is do I have to confront him to court or is any way I can start over my case without losing my refugee statut. His
bad behavior made us leave separate until he moved in another state.
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16th Jul 2011 12:29pm, Rated: unrated
[Anonymous] asks...

Hi,my husband and I were granted asylum 4 years ago.since i he was the principal applicant he had to filed for my daughter to come to the USA and since I don't know her whereabouts I tried to file for my daughter myself and the immigration denied it because I wasn't the principal applicant.now I know where he is I contacted him and he refused completely to do so an completely abandoned me.my question is do I have to confront him to court or is any way I can start over my case without losing my refugee statut. His
bad behavior made us leave separate until he moved in another state.
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16th Jul 2011 11:57am, Rated: unrated
[Anonymous] asks...

Hi,my husband and I were granted asylum 4 years ago.since i he was the principal applicant he had to filed for my daughter to come to the USA and since I don't know her whereabouts I tried to file for my daughter myself and the immigration denied it because I wasn't the principal applicant.now I know where he is I contacted him and he refused completely to do so an completely abandoned me.my question is do I have to confront him to court or is any way I can start over my case without losing my refugee statut. His
bad behavior made us leave separate until he moved in another state.
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please HELP..........age out
22nd Jun 2011 3:01pm, Rated: unrated
nav91 asks...

Hi, My Uncle filed for my mom and her family ( including me) for f4 visa in
june 2003..........we have received the approvel notice in 2010 and case
number from NVC in oct 2010 and it says that visa are currently unavailable
for your use and it may be take years of time to get available depend on priority date ....now (2011)
the priority date is march 2000 and my priority date is 09 june 2003.....i will turn 21 on sep 2012.do i get
benefited by CSPA rule(if i cross 21)???????plez help......
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please HELP..........age out
22nd Jun 2011 3:01pm, Rated: unrated
nav91 asks...

Hi, My Uncle filed for my mom and her family ( including me) for f4 visa in
june 2003..........we have received the approvel notice in 2010 and case
number from NVC in oct 2010 and it says that visa are currently unavailable
for your use and it may be take years of time to get available depend on priority date ....now (2011)
the priority date is march 2000 and my priority date is 09 june 2003.....i will turn 21 on sep 2012.do i get
benefited by CSPA rule(if i cross 21)???????plez help......
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CAN I STILL GET MY GREEN CARD?
8th Jun 2011 2:31am, Rated: unrated
[Anonymous] asks...

HI!

MY SITUATION IS QUITE HARD. AND I REALLY NEED YOUR HELP. MY SIBLINGS AND I WERE PETITIONED BY OUR MOTHER IN THE LATE 80'S. DURING THE PROCESS, I MET MY WIFE THINKING THAT THE PETITION DIDN'T PUSH THROUGH BECAUSE OF THE LONG WAITING. BUT FORTUNATELY IT DID. WHEN IT WAS GRANTED I WAS ALREADY MARRIED. BUT STILL, I WENT TO THE U.S. AS SINGLE. AFTER A COUPLE OF YEARS I WENT BACK HERE IN THE PHILIPPINES AND DECIDED TO STAY TOGETHER WITH MY WIFE AND DAUGHTERS. I HAVE ALWAYS DEEMED IN RETURNING BACK TO THE US AS MY BROTHERS AND SISTERS ARE THERE. BUT I WOULDN'T DO SO WITHOUT MY FAMILY. BTW, I AM ALREADY 54 YEARS OLD. MY QUESTION IS CAN I STILL RENEW MY GREEN CARD AND BRING MY FAMILY THERE? OR IF NOT, CAN I JUST GET A TOURIST VISA SO THAT I CAN VISIT MY BROTHERS AND SISTERS. WHAT'S A BETTER OPTION? THANK YOU AND MORE POWER!
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Соберем для Вас по сети инт&#10
3rd Jun 2011 12:47am, Rated: unrated
[Anonymous] asks...

Собе&# 1088;ем для Вас по сети инте&# 1088;нет базу данн&# 1099;х
поте&# 1085;циал& amp;#1100;ных клие&# 1085;тов для Ваше&# 1075;о Бизн&# 1077;са
(назв& #1072;ние, теле&# 1092;он, факс, email, сайт, имен&# 1072; и др инфо&# 1088;маци& amp;#1102
Мног&# 1086;! Быст&# 1088;о! Точн&# 1086;!
Узна&# 1081;те боле&# 1077; подр&# 1086;бную инфо&# 1088;маци& amp;#1102; по:
Теле&# 1092;он +79133913837
ICQ: 6288862
Skype: prodawez3837
Email: prodawez@mixmail.com
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E-2
29th May 2011 1:30pm, Rated: unrated
alden168 asks...

My sister in law got a E2 visa which will expire December 2014. Her I-94 will expire this coming December 2011. We are planning to take a 3 day vacation to Guadalajara, Mexico. Is this good enough to get a new I94?, we are flying out.

Hope someone could guide us if this is the right way to get a new 2 year extension on her I94.
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E2 expiration
29th May 2011 9:36am, Rated: unrated
[Anonymous] asks...

Hi,

My E2 visa expires 19th June. I'm planning to go out of the country and get back just before that maybe on the 17th or 18th June. Is this possible or do I need to get the visa renewal before I get back? My husband is a primary holder and his visa doesn't expires until 2014. He is not going to be traveling with me. Please advise if I need to go to the embassy and get the visa renewed or I can just come back without any problems?

Thank you
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Предлагаем вниманию конди
25th May 2011 1:53pm, Rated: unrated
Volna-kondi-Olya asks...

Обор&# 1091;дова& amp;#1085;ие для прои&# 1079;водс& amp;#1090;ва зефи&# 1088;а и друг&# 1086;е конд&# 1080;терс& amp;#1082;ое обор&# 1091;дова& amp;#1085;ие
Прои&# 1079;води& amp;#1084; зефи&# 1088;оотс& amp;#1072;доч&#1 085;ые маши&# 1085;ы. Прои&# 1079;води& amp;#1090;ель&#1 085;ость 150-250 кг/час.
Гара&# 1085;тия 1 год. Монт&# 1072;ж, пуск&# 1086;нала& amp;#1076;очн&#1 099;е рабо&# 1090;ы. Дост&# 1072;вка по РФ.
С уваж&# 1077;нием, мене&# 1076;жер комп&# 1072;нии "Волн а-конд&# 1080;", Тадж&# 1080;дино& amp;#1074;а Ольг&# 1072; Миха&# 1081;ловн& amp;#1072;.
Тел./факс +7(8412) 99-12-56, моб. 8 927 394 32 59
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J1 Visa Suspended under the 221g immigration act
20th May 2011 12:25pm, Rated: unrated
Mim asks...

I recently had my US visa appointment at the US embassy London.
for my J1 visa so that I can go to summer camp. They took all my documents and kept my passport and I assumed everything was fine. However, the next day I received an email stating that my visa had been suspended under the 221g immigration act. The day after I received this email I got another one requesting me to fill in a DS-157 form. What is the 221g immigration act? anh how long does it usually take to process the visa after this? Any help will be appreciated just so I have a better idea of whats going on.
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Асфальтирование и строите
26th Apr 2011 2:55am, Rated: unrated
Pelfplaippesy asks...

Комп&# 1072;ния ООО "ДорИ нБуд&qu ot; с 1994 г. успе&# 1096;но осущ&# 1077;ствл& amp;#1103;ет высо&# 1082;окач& amp;#1077;ств&#1 077;нные рабо&# 1090;ы сооб&# 1088;азно асфа&# 1083;ьтир& amp;#1086;ван&#1 080;ю доро&# 1075;, терр&# 1080;тори& amp;#1081;, площ&# 1072;док, трот&# 1091;аров. Посл&# 1077; 17 лет выпо&# 1083;нено огро&# 1084;ное коли&# 1095;еств& amp;#1086; зака&# 1079;ов, комп&# 1072;ния имее&# 1090; безу&# 1087;речн& amp;#1091;ю репу&# 1090;ацию и явля&# 1077;тся наде&# 1078;ным парт&# 1085;ером. Все рабо&# 1090;ы осущ&# 1077;ствл& amp;#1103;ютс&#1 103; высо&# 1082;оква& amp;#1083;ифи&#1 094;иров&a mp;#1072;нны&#10 84;и, опыт&# 1085;ыми спец&# 1080;алис& amp;#1090;ами, с прим&# 1077;нени& amp;#1077;м совр&# 1077;менн& amp;#1086;й стро&# 1080;тель& amp;#1085;ой техн&# 1080;ки.

Наши спец&# 1080;алис& amp;#1090;ы в крат&# 1095;айши& amp;#1077; срок&# 1080; и с высо&# 1082;им каче&# 1089;твом выпо&# 1083;нят любо&# 1081; Ваш пору&# 1095;ение, прои&# 1079;веду& amp;#1090; улуч&# 1096;ение доро&# 1078;ного покр&# 1099;тия, асфа&# 1083;ьтир& amp;#1086;ван&#1 080;е доро&# 1075; инач&# 1077; стро&# 1080;тель& amp;#1089;тво ново&# 1081; доро&# 1075;и.

Ожид&# 1072;ние деят&# 1077;льно& amp;#1089;ти:

* асфа&# 1083;ьтир& amp;#1086;ван&#1 080;е доро&# 1075;, площ&# 1072;док, трот&# 1091;аров и т.д. всяк&# 1080;й слож&# 1085;ости;
* стро&# 1080;тель& amp;#1089;тво новы&# 1093; доро&# 1075;, подъ&# 1077;здны& amp;#1093; путе&# 1081;, площ&# 1072;док и испр&# 1072;влен& amp;#1080;е суще&# 1089;твую& amp;#1097;их;
* разр&# 1072;ботк& amp;#1072; грун&# 1090;а, выво&# 1079; и утил&# 1080;заци& amp;#1103; мусо&# 1088;а;
* асфа&# 1083;ьтир& amp;#1086;ван&#1 080;е внут&# 1088;и поме&# 1097;ений;
* укла&# 1076;ка щебе&# 1085;очны& amp;#1093;, бето&# 1085;ных осно&# 1074;аний;
* пост&# 1088;оени& amp;#1077;, ремо&# 1085;т сист&# 1077;мы нару&# 1078;ной кана&# 1083;изац& amp;#1080;и;
* укла&# 1076;ка покр&# 1099;тий из асфа&# 1083;ьтоб& amp;#1077;тон&#1 072;;
* сост&# 1072;влен& amp;#1080;е прое&# 1082;тно-смет&# 1085;ой доку&# 1084;ента& amp;#1094;ии;
* конс&# 1091;льта& amp;#1094;ион&#1 085;ые услу&# 1075;и, част&# 1085;ый выбо&# 1088; техн&# 1086;логи& amp;#1081; и мате&# 1088;иало& amp;#1074;;

Мы выпо&# 1083;няем рабо&# 1090;у пров&# 1086;рно, каче&# 1089;твен& amp;#1085;о, в срок, даем гара&# 1085;тию. Рабо&# 1090;ы выпо&# 1083;няют& amp;#1089;я в Киев&# 1077;, Киев&# 1089;кой обла&# 1089;ти и друг&# 1080;х реги&# 1086;нах Укра&# 1080;ны. Выпо&# 1083;няем любы&# 1077; объе&# 1084;ы рабо&# 1090;. Пред&# 1083;агае& amp;#1084; помо&# 1097;ь, точн&# 1086; сооб&# 1088;азно подр&# 1103;дным рабо&# 1090;ам, так и по субп&# 1086;дряд& amp;#1091;.
Асфа&# 1083;ьтир& amp;#1086;ван&#1 080;е доро&# 1075; в Киев&# 1077; и Киев&# 1089;кой обла&# 1089;ти

Обра&# 1097;айте& amp;#1089;ь за конс&# 1091;льта& amp;#1094;ией по теле&# 1092;онам (044) 223-14-07,
(067) 465-44-05. Буде&# 1084; рады сотр&# 1091;днич& amp;#1077;ств&#1 091; с Вами.
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21st Apr 2011 2:13pm, Rated: unrated
fourfather asks...

I am a British Citizen, green card holder for 6 years, living in the US. I am elligible to become a US Citizen but have not begun that process. I want to marry a Russian national who has a 9 year old child.

She has visited me 5 times on a tourist visa and returned as required each time.

What are the ramifications of us getting married and her and her child not returning? Can we adjust her status without her leaving?

Thank you in advance.
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Дизайн интерьера
21st Apr 2011 5:34am, Rated: unrated
[Anonymous] asks...

Здав&# 1089;твуй& amp;#1090;е. Натк&# 1085;улся на инте&# 1088;есны& amp;#1081; блог. Всем диза&# 1081;нера& amp;#1084; и архи&# 1090;екто& amp;#1088;ам долж&# 1085;о быть инте&# 1088;есно

http://findmyhome.ru/


Где Мой Дом.р& #1092;
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jimm тегос
31st Mar 2011 4:58am, Rated: unrated
[Anonymous] asks...

Накинь бекешку.
Мужчины были знакомые, не далее как прошлойночью фон Теофельс уже имел удовольствие общаться с ними самым тесным образом, до сих пор синяки и ссадины ныли.
Гдето в вашем прошлом таится психическая травма, связанная с евреями.
*то ведь она перед ним спектакль затеяла с криком и скрежетом зубовным.
Николас поднялся на второй этаж, заглянул в приемную.

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jimm
29th Mar 2011 7:09pm, Rated: unrated
[Anonymous] asks...

Хорош стал Данила Ларионович, нечего сказать, хуже, чем в лесу был.
Девочка у Антонии Николаевны была неглупая и не без характера.
Коротко рассказал про вчерашние события и про Марфу Захер.
Вслепую, сама не зная, куда и зачем.
Ведьма положила пленника на снег посреди небольшой поляны.

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aged out son
8th Mar 2011 1:02am, Rated: unrated
[Anonymous] asks...

Hello Sir!
I came to the U.S with K1 visa and now married to an american citizen.As of now i am on conditional green card status that will expire next year.I got 4 kids and three of them are already here with me.Unfortunately my eldest son didn't benefit my k1 Visa petition coz' he aged out.I feel sad that i cannot take him with me and if am not mistaken if i filed a seperate petition for him it would take 10-11 years.My main question is,is there any way i can petition my son that would not take that very long?Or can my husband can file a petiton for him since he's a u.s citizen and will it be faster if he'll do instead?Please help me and would higly appreciate.Thanks.
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best option to be sponsored
6th Mar 2011 2:08pm, Rated: unrated
desitalktalk asks...

Hi, i am living in UK with US citizen husband and 2 boys ( 11 and 18 ) who are also US citiziens. I also have 2 brothers who are US citizens living in US. I would like to have a green card in the event of divorce or death of my husband of 26 years or the boys not wanting to live in US - I dont want to live alone in UK in the event of above scenarios - what's my best option for a green card application and how do i retain/maintain the card alive if choose to live in UK with the green card until the worst happens and i am alone.
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immigration question
1st Mar 2011 10:10pm, Rated: unrated
[Anonymous] asks...

HOW TO I COME ABOUT OBTATING OLD PASS PORT COPIES FROM 1980-1985
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immigration question
1st Mar 2011 10:08pm, Rated: unrated
[Anonymous] asks...

HI I WOULD LIKE TO NOW HOW DO I GO ABOUT GETTING RECORDS OF AN OLD PASS PORT THAT I HAD USED TO ENTER THE UNITED STATES THAT MY PARENTS HAD I NEED A COPIE FROM BACK IN 1980-1985 OR A FORM THAT WAS CALLED TARJETA LOCAL DE INDENTIDAD PARA NACIONALES RESIDENTES IN LAS POBLACIONES FRONTERIZAS MEXICANAS
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Daughter turning 21- CSPA?
24th Feb 2011 9:32pm, Rated: unrated
[Anonymous] asks...


My lawyer filed my I140 that included my dependents in 2009, and it was approved in two months time. However, I cannot file I485 for me and my dependents because priority date is not yet current (due to retrogression). Problem is my daughter is turning 21 this year in September. I heard about the CSPA (rule in aging out), but since I-485 cannot be filed yet until priority date is current, will my daughter's age be locked in at 19 yrs old when my I-140 was approved. My lawyer said so because when the I-140 was filed, she was only 19 years old and 35 days. But I am still worried because I have read a lot of forums that says I-485 has to be filed after I-140 approval, but how can I file when priority date is not yet current and I-485 cannot be filed. Please help
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getting married before immigration visa...
20th Feb 2011 11:38pm, Rated: unrated
[Anonymous] asks...

Hello ,
My family is in middle of a serious problem .My sister's Fiance applied for an us immigration visa before they got engaged and now this year around aug he is going for his interview .My question is if he got married now is this going to create any problems for him for getting the visa? because in his application his status was single .He is sponsored by his sister who is a us citizen .
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getting married before immigration visa...
20th Feb 2011 11:38pm, Rated: unrated
[Anonymous] asks...

Hello ,
My family is in middle of a serious problem .My sister's Fiance applied for an us immigration visa before they got engaged and now this year around aug he is going for his interview .My question is if he got married now is this going to create any problems for him for getting the visa? because in his application his status was single .He is sponsored by his sister who is a us citizen .
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yvonne hayes
23rd Jan 2011 11:14am, Rated: unrated
yvonne hayes asks...

I hold an e2 visa - my daughter has been married to a usc for 2 years coud they file for a green card for me?
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Reinstatement of Greencard
24th Dec 2010 11:03am, Rated: unrated
janemarie asks...

I would like to ask about returning to the USA and retaining our Permanent Resident Status. We have been in possession of Permanent Resident Status since 1994,(Greencards) but for family reasons moved back to the UK in December 2006. Both our children were born in the USA and hold American Citizenship. We have all retained a strong desire to return when the opportunity developed. The length of time spent in the UK in the end has been dependent upon our childrens education. In order to not disrupt this, we would prefer to return in early summer 2012. Our son will then be 16 and ready to go into further education. Our daughter will be 12 and ready to start high school. My brother also lives in Florida and has Permanent Resident Status.

Our desire is to move back to Florida permanently as we still own land there, and my husband is fully vested in the US Social Security Pension Fund. We also have retained IRA savings in the USA currently valued at $92,000.00 and have kept a current USA bank account. We own our own house in the Uk so we would be moving back with several hundred thousand pounds.

I realise that it may seem we abandoned our green card status, but this was not really intentional, as our green cards are not due to expire until 2014. What do you think our options will be?
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naturalization
26th Nov 2010 8:33am, Rated: unrated
[Anonymous] asks...

Hello,

I am planning to apply naturalization/ctizenship. I have been married to a US citizen for five years but two years ago, I lost my rights for a green card for couple months because of missing a biometric appointment in the renewal process but after contacting them and telling them I am still happily married and want to apply for my green card, they first gave me an extension paper of my rights for a year and I used this paper for working and then finally my green card arrived last year in December,2009.

I know that to be a citizen, I have to be a continuous permanent resident and have my green card at least three years so do you think they will count this extention paper which used for 2008? Or I should start counting last three years upon my green cards' arrival?

Thanks
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E2 to Green Card
16th Nov 2010 9:10pm, Rated: unrated
Parkie1s asks...

I have a minor child born in the US, but my husband and I are here on E2 visas with our other minor child. Is there a way that we might petition for a green card through our citizen child? Or is there any way to use the business visa to get a green card?
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wanted
9th Nov 2010 3:46am, Rated: unrated
[Anonymous] asks...

I like to report that the one of student whose is studying right now in your country ,his name is George Bartolome,filipino,has a criminal record here in the philippines,before the hearing of our case against with him he tried to scaped,im the auntie of the victim of reckless imprudence resulting in major physical injuries of rebecca santos,we want justice we want him to face his obligation to my nephew,we need your cooperation,if you not satisfied to my concern please let you know the list in the NBI,the number of suspect 447830532587 and we hoping for your cooperation and urgent responds thank you,can you report this matter to uk home office.
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florida home in u.k raffle
26th Oct 2010 10:01am, Rated: unrated
[Anonymous] asks...

Hi, I am placing our home in a u.k raffle and have been told tho' I am a u.k citizen not to be seen to be promoting the raffle.Does that mean I can't post re the raffle?Thankyou
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Visa waiver overstay
20th Oct 2010 1:13pm, Rated: unrated
scotsman1953 asks...

I am a permanent resident of the usa and married to a citizen, my unmarried daughter a29 and grandson 5 came to visit and have now overstayed, they want to stay here with us how do I go about this can I file an i130 and adjustment of status form ...together or seperately... or would it be better to wait untill I become a citizen in april 2011 any help and advice you can give will be appreciated
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Medical problem
15th Oct 2010 10:10am, Rated: unrated
[Anonymous] asks...

Sorry I don't know if this is your cup of tea. Recently went in hospital with diverticulitus was taken off my heart meds so antibiotics could work at full strengh 1.5 days later in ICU with blood pressure problems.

Was stabalized and sent home 1 day later was rushed back to ER with same heart problems. This happened 2 more times eventually went back on meds and have been fine ever since.

This is a broad report as to what happened. Have I any recourse I can take against the hospital bills?

I hope to hear from you and thank you

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Travel to US
5th Oct 2010 11:29am, Rated: unrated
Dorothy F asks...

I don't know whether you can advise us on or know
anyone that has had the experience. My Son is going to work in US, final stage Visa went in Jan 08, now showing Visa date 3 years away, he has a job waiting,
He was told sometime last year that he cannot go to the US whilst the Visa process is undertaken, which seems to be endless.
We wanted to go out next year to Fl as a family, is there any documents he could take that will enable him to have a holiday in the US or is it simply a 'no go'.
Regards
Dorothy F Pointon

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I want to go back
27th Sep 2010 2:12pm, Rated: unrated
[Anonymous] asks...

Heyy,
I just came to the USA just a month ago with my mum to live with my family over here but I want to move back to the UK and voluntary give up my perminant residentsy visa ( green card ) I have one of two questions.

1. how do I give it up?

2. how long before I can come back to the US to visit family?
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H1 got 221g . Should I switch back to L2 which is currently cancelled without prejudice
17th Sep 2010 9:19am, Rated: unrated
[Anonymous] asks...

HI

Yest I appeared for H1 interview and got 221 g .
Also my previous L2 got cancelled without prejudice.

My husband is in US on L1 Visa.

If I switch back to L2 , apply a L2 in 15 days ... what are the chances of getting approved ?

Please Help
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a voice in the wilderness 2
8th Sep 2010 2:55pm, Rated: unrated
VIC SAUL asks...

dear sir or madam,. is it possible for me to find an attorney, who could sue my ex law firm ? that was representing my Employment based green card application ?....

i have a complaint in with florida bar ! ,. so far no results??

please read as follows the post i have just BLOGGED here , as i'm very new to this site,.
very truly yours VIC SAUL,. please dont take the attorney references PERSONALLY ! ,. i'm not generalizing (:

all this beauracratic nonsense makes my head swirl! and blood boil !

i arrived in the USA back in 2003, on a O1 Entertainment visa, then applied in 2005 for an Employment based green card application,. , was going fine until, (while paying my attorney In FULL) i found out that the attorney in charge of my case had left... the company !, without informing me or having anyone else there, handle the case in his abscence ! (thanks a bunch! Mr attorney @ LAW
since then,. i've done everything in my power, to resolve this issue,. in 2008 April,. i suffered a partial stroke !..try that without health insuurance!!
since then i have had a complaint IN with the Florida bar,. "JUST RETURN TO U.K AND RE-APPLY " IS NOT A VIABLE OPTION, Any advice HELP on here would be great ! thank u , vicsaul@hotmail.comSee More
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a voice in the wilderness 2
8th Sep 2010 2:55pm, Rated: unrated
VIC SAUL asks...

dear sir or madam,. is it possible for me to find an attorney, who could sue my ex law firm ? that was representing my Employment based green card application ?....

i have a complaint in with florida bar ! ,. so far no results??

please read as follows the post i have just BLOGGED here , as i'm very new to this site,.
very truly yours VIC SAUL,. please dont take the attorney references PERSONALLY ! ,. i'm not generalizing (:

all this beauracratic nonsense makes my head swirl! and blood boil !

i arrived in the USA back in 2003, on a O1 Entertainment visa, then applied in 2005 for an Employment based green card application,. , was going fine until, (while paying my attorney In FULL) i found out that the attorney in charge of my case had left... the company !, without informing me or having anyone else there, handle the case in his abscence ! (thanks a bunch! Mr attorney @ LAW
since then,. i've done everything in my power, to resolve this issue,. in 2008 April,. i suffered a partial stroke !..try that without health insuurance!!
since then i have had a complaint IN with the Florida bar,. "JUST RETURN TO U.K AND RE-APPLY " IS NOT A VIABLE OPTION, Any advice HELP on here would be great ! thank u , vicsaul@hotmail.comSee More
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cspa & patriot act
31st Aug 2010 9:55am, Rated: unrated
[Anonymous] asks...

can CSPA and Patriot act 45 days be used together in calculating age of derivative beneficiary?
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I130 IMMIGRANT PETITION FOR RELATIVE
29th Aug 2010 1:17am, Rated: unrated
[Anonymous] asks...

WE PUT OUR PETITION IN MAY 3 2005 DO YOU KNOW HOW LONG THE PROCESS TAKES WE HAVE HAD A LETTER SAYING OUR PETITION HAS BEEN APPROVED AND HAS GONE TO THE NVC AND DO YOU KNOW WHAT THE NEXT STEP IN THE PROCESS IS MANY THANKS
NICK WALKER
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US CITIZEN
28th Aug 2010 1:28am, Rated: unrated
[Anonymous] asks...

Hello,

I want to know when can my Fiance become a USA Citizen,Actually she is going to be eligible for US Citizen in Dec-2010, so how much time it takes from thier for her to become an US Citizen.

Regards
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usa visa!
26th Aug 2010 3:52pm, Rated: unrated
babelicious asks...

My mother-in-law is suffering after a heart surgery in U.S.A. My family wants to visit to see my mother-in-law but we dont have an american visa. We are only an Permanent Resident Card Holder. I made an appointment and we went to the consulate in Toronto. I took fingerprints and everything that was needed. But we got this yellow paper saying that it's suspended under the act 21g. I dont know why they did not give me the U.S.A visa. The lady in the counter told me it would take a couple of months. But we cant wait that long and my mother-in-law is still suffering. Can you please give some some advice? I have 3 daughters too, one of them is little. she is like around 12 years old
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UNITED STATES OF AMERICA VISA!
25th Aug 2010 4:44pm, Rated: unrated
babelicious asks...

My grandma is suffering after a heart surgery in U.S.A. My family wants to visit to see my grandma but we dont have an american visa. We are only an Permanent Resident Card Holder. I made an appointment and we went to the consulate in Toronto. I took fingerprints and everything that was needed. But we got this yellow paper saying that it's suspended under the act 21g. I dont know why they did not give me the U.S.A visa. The lady in the counter told me it would take a couple of months. But we cant wait that long and my grandma is still suffering. Can you please give some some advice? I have 3 sisters too, one of them is little. she is like around 12 years old.
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UNITED STATES OF AMERICA VISA!
25th Aug 2010 4:44pm, Rated: unrated
babelicious asks...

My grandma is suffering after a heart surgery in U.S.A. My family wants to visit to see my grandma but we dont have an american visa. We are only an Permanent Resident Card Holder. I made an appointment and we went to the consulate in Toronto. I took fingerprints and everything that was needed. But we got this yellow paper saying that it's suspended under the act 21g. I dont know why they did not give me the U.S.A visa. The lady in the counter told me it would take a couple of months. But we cant wait that long and my grandma is still suffering. Can you please give some some advice? I have 3 sisters too, one of them is little. she is like around 12 years old.
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Husband's death, green card, and bank accounts.
19th Aug 2010 8:02am, Rated: unrated
[Anonymous] asks...

If you are in USA on a green card and your husband dies, Does the Government freeze your accounts, for example because they think you will take the money abroad?
I read this in a forum and wonder if that is right?

Thank You.

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Help
11th Aug 2010 10:14pm, Rated: unrated
[Anonymous] asks...

I have a cousin that passed away last december, before he passed he had gotten his green card. On his form when he applied for his green card, he had put his son, but he passed away before that came about. what can his son do to continue the process to get his green card.
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my mother did not complete the required documents for her petition
4th Aug 2010 9:53pm, Rated: unrated
[Anonymous] asks...

My father petitioned my mother in 1995 including us children when he obtained his US citizenship by virtue of his being a Filipino WWII veteran. My mother's petition was approved within six months and she was already working on the required documents by USCIS but she did not continue because my father had health problems and she had to stay in the philippines to attend to her...

My father died last July 2000...can she continue now as there's a new law on surviving spouse of US citizen? Please let us know what procedures to do. Thank you
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I-94 expired but I am out of status..
2nd Aug 2010 2:09pm, Rated: unrated
Rhinopoo asks...

I originally came here on an E2 dependant visa almost 5 years ago. My husband left his job and the visa has been cancelled. He is going abroad to a country I have to desire to live in and I am desperate to stay here.

Right now I see my only choice to be able to stay here is with a student visa. As I am out of status (but not illegal- i-94 still valid until May 2012) I cannot apply for change of status, but am concerned that if I return to the UK and apply for a student visa it will be denied as I have been here out of status. Am I right or could I still stand a good chance of getting one? So worried I will leave here and not be able to return.

I could also stay on the I-94. How long am I allowed to stay here out of status without getting a ban on re-entry?
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Dependant on E2 visa expiring soon..
29th Jul 2010 2:08pm, Rated: unrated
Rhinopoo asks...

I am here as a depandent on my husbands E2 Visa which expires in Oct 2010. My current I-94 doesn't expire until May 2012. My husband is planning to leave next week to work abroad and I desperatly want to stay.

I know I will be 'out of status' but not illegal.

My options are to either:

A) apply for an F1 student visa now either through a change of status or by returning to the UK and applying there or

B) stay until my I-94 expires

My question is- will I be jeopardising my chances of future visas if I stay here 'out of status' or apply for student visa while I am out of status? I don't think I have time to get a change of status before my husband leaves.

Any advice would be much appreciated..!

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Help For Aging Out..
13th Jul 2010 11:56pm, Rated: unrated
dhaval306 asks...

Hi ,
My name is Dhaval..
Petition was file by uncle for my mother (my mother's brother)..
The Receipt date is 30th August 2001..
My date of birth is 4th March 1989..
Approval date for the petition is 13th August 2009
I hope my Petition will get Current by OCtober 2010..
But when the petition will become current I will be 21 years and 7 months..
Can you help me out with CSPA and whether I will be able to qualify....
What steps should I take once the Petition becomes current..
please help..............
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Moving to the US
11th Jul 2010 3:54pm, Rated: unrated
NeonWolffe asks...

I have visited New York a few times and completely fell in love with the city, me and my best friend would love to move there late next year and be able to work and contribute to the economy. I am in the process of putting on a music festival in the UK and my friend is an actress. what advice would you give us to work towards obtaining a green card?
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Death of family member
10th Jun 2010 12:02am, Rated: unrated
[Anonymous] asks...

I petitioned my brothers and sisters in the Philippines way back in 1989. Last April 13, 2010, they received notice that the petition is already due for processing. However, one brother died in 2004 and one sister died last year. Only two sisters will be able to proceed.

Is there a way the family members left behind by my dead brother and sister will still have chance to pursue the petition papers? Is this the end of the road for them? I just want to help their children below 21 years old.

Please advise.
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aging out of my derivative daughter, F3 petition, Priority Date 22 Apr 92
24th May 2010 4:15am, Rated: unrated
mary13 asks...

My changeability country is Philippines, my priority date is 22 apr 92, F3. NVC asked me to submit the DS3032 just this 20 may 2010, and AOS processing fee bill was also sent. When my mother filed for my petition, I also included my husband and 3 daughters aged 12 (born may 1980), 4 (born march 1988) and 4 mos (born nov. 1991).

My question is, will my daughter born 1988, who is already 22 now (2010) be able to benefit from the CSPA. Before she turned 21 yrs. old I wrote NVC about her aging out, that was 3 mos I think before her 21st bday, but they NVC replied that they cannot expedite my case for a visa is not yet available.

I took them 18 years before my priority date is processed. I think my petition was approved only mos. from april 1992, more or less 3 to 4 mos. Now that NVC is telling me to fill up the DS 3032 and that I pay $70 for the AOS, I would like to know, if my 2nd daughter can benefit from this CSPA. aging out.

Please help me. Thanks

mary13
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aging out of my derivative daughter, F3 petition, Priority Date 22 Apr 92
24th May 2010 4:14am, Rated: unrated
mary13 asks...

My changeability country is Philippines, my priority date is 22 apr 92, F3. NVC asked me to submit the DS3032 just this 20 may 2010, and AOS processing fee bill was also sent. When my mother filed for my petition, I also included my husband and 3 daughters aged 12 (born may 1980), 4 (born march 1988) and 4 mos (born nov. 1991).

My question is, will my daughter born 1988, who is already 22 now (2010) be able to benefit from the CSPA. Before she turned 21 yrs. old I wrote NVC about her aging out, that was 3 mos I think before her 21st bday, but they NVC replied that they cannot expedite my case for a visa is not yet available.

I took them 18 years before my priority date is processed. I think my petition was approved only mos. from april 1992, more or less 3 to 4 mos. Now that NVC is telling me to fill up the DS 3032 and that I pay $70 for the AOS, I would like to know, if my 2nd daughter can benefit from this CSPA. aging out.

Please help me. Thanks

mary13
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my visa status
29th Apr 2010 4:09pm, Rated: unrated
reejoned asks...

I am an international student currently in US. My visa expires on may 10 2010. Is there any way I can renew my visa so that i can visit my country. I am been in US for 5 yrs and I am continuing my studies. I cannot leave my studies and go back home. So is there any way I can renew my visa.
Your help is appreciated.
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Get on with my life!
28th Apr 2010 1:50pm, Rated: unrated
smurfsmf asks...

I had legally entered into the US back in 91 on an H1 visa. Born in the UK (citizen) and raised in Canada (landed immigrant). I returned to the US a few years later illigally (as a tourist) and have lived/worked here since 94. I have a valid US issued SSN and current DL and have paid taxes since then.
My father took ill back in November of 08, I have continued to go back to Canada every three months to visit and have renewed my tourist visa each time. I have recently obtained my Canadian permenant redisent card (Sept, 09) and am about to apply for my Canadian Citizenship.
I would really like to get on with my life and stop looking over my sholder, what do I need to do to obtain US citizenship to be able to travel into Canada and overseas to visit family as well as a job promotion that required extensive travel abroad?
in 02, i was married for a couple of years but never pursued my citizenship at that time (stubborn).
Please advise. Another attourney I spoke with told me to go back to Canada, apply legitimately and wait. That can take forever and in the process all the hard work and life that I have build this far would be lost.
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Filed from I129, petition for a nonimmigrant worker, E-2 NEED HELP FOR RE-Filed
25th Apr 2010 9:18am, Rated: unrated
[Anonymous] asks...

Denial notice from USCIS
I was filed before my F1 visa expired, Now visa expired but am still studying valid I20, I94 D/S. I would like to re-filed if it possible, in The US or apply for my E2 Visa in my origins country, any chances??

"THE NOTICE SAID"
1.In the response,The items submitted foe proof of evidence to establish that the treaty investment capital is at risk in a commercial sense and subject to partial or total loss. The petitioner submit a copy of promissory note that beneficiary is obtaining a loan amount of $5x,xxx us 100% total invested in the business entity.It appears that entire sums of funds to be invested in the E2 treaty business are funds which being a loaned. The petitioner submit a document relating to the proposed term of business loan. However, the note does not describe the business loan and further does not describe the assets of the borrower that are being used to collateral. Further, the petitioners brief stated that the funds were borrowed from her sister who is residing in her origins. Given this above facts, the petitioner has not provided sufficient evident establishing that the treaty investment capital is at risk in commercial sense and subject to partial or total loss. Therefore these funds do not appear to be risk.

The evidence is insufficient to establish that the investment is at risk in commercial sense and subject to partial or total loss if investment fortunes reverse.

2. The last issue to be discussed is whether the petitioner has establish that the treaty funds or assets were not obtained through criminal activity.
In the response, he petitioner submitted, wire transfer receipts and bank statements from bank of america showing the deposit of wire transfer. Although,in the evidence there is documentation of a wire transfer of funds, there is no evident of origination of funds from that country. Simply providing various pieces of Documentation and not providing an explanation of the documentary evident does not explain the origin of the funds used to invest in the business enterprise.

Furthermore, since no additional evidence was not provided showing the origination of funds, USCIS is unable to determine that these funds have not been obtained, directly or indirectly through criminal activity and that are at risk in a commercial sense and subject to partial or total loss.

The evident is insufficient to establish that the investment funds or assets were not obtained through criminal activity.
Pursuant to INA 291,the burden of proof in these proceeding rests solely with the petitioner. Here that burden has not met.
Consequently, the petition is hereby denied for the above stated reasons, with each considered as an dependent and alternative basis for denial.
The beneficiary may remain in her current status until the expiration due indicated on from I94.

I would like to re- application and put more evidence following the above state

Follow the notice if i put more evident of origins of funds that am loan and set up term of loaning or interest of loaning funds, I still have chance to get approve right???

Need some advices!!!
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Filed from I129, petition for a nonimmigrant worker, E-2 NEED HELP FOR RE-Filed
25th Apr 2010 9:06am, Rated: unrated
[Anonymous] asks...

Denial notice from USCIS
I was filed before my F1 visa expired, Now visa expired but am still studying valid I20, I94 D/S. I would like to re-filed if it possible, in The US or apply for my E2 Visa in my origins country, any chances??

"THE NOTICE SAID"
1.In the response,The items submitted foe proof of evidence to establish that the treaty investment capital is at risk in a commercial sense and subject to partial or total loss. The petitioner submit a copy of promissory note that beneficiary is obtaining a loan amount of $5x,xxx us 100% total invested in the business entity.It appears that entire sums of funds to be invested in the E2 treaty business are funds which being a loaned. The petitioner submit a document relating to the proposed term of business loan. However, the note does not describe the business loan and further does not describe the assets of the borrower that are being used to collateral. Further, the petitioners brief stated that the funds were borrowed from her sister who is residing in her origins. Given this above facts, the petitioner has not provided sufficient evident establishing that the treaty investment capital is at risk in commercial sense and subject to partial or total loss. Therefore these funds do not appear to be risk.

The evidence is insufficient to establish that the investment is at risk in commercial sense and subject to partial or total loss if investment fortunes reverse.

2. The last issue to be discussed is whether the petitioner has establish that the treaty funds or assets were not obtained through criminal activity.
In the response, he petitioner submitted, wire transfer receipts and bank statements from bank of america showing the deposit of wire transfer. Although,in the evidence there is documentation of a wire transfer of funds, there is no evident of origination of funds from that country. Simply providing various pieces of Documentation and not providing an explanation of the documentary evident does not explain the origin of the funds used to invest in the business enterprise.

Furthermore, since no additional evidence was not provided showing the origination of funds, USCIS is unable to determine that these funds have not been obtained, directly or indirectly through criminal activity and that are at risk in a commercial sense and subject to partial or total loss.

The evident is insufficient to establish that the investment funds or assets were not obtained through criminal activity.
Pursuant to INA 291,the burden of proof in these proceeding rests solely with the petitioner. Here that burden has not met.
Consequently, the petition is hereby denied for the above stated reasons, with each considered as an dependent and alternative basis for denial.
The beneficiary may remain in her current status until the expiration due indicated on from I94.

I would like to re- application and put more evidence following the above state

Follow the notice if i put more evident of origins of funds that am loan and set up term of loaning or interest of loaning funds, I still have chance to get approve right???

Need some advices!!!
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F1 to E2
25th Apr 2010 12:24am, Rated: unrated
Ona asks...

Hi there,
I need help
My change F1-E2 visa was denial from USCIS
I would like some advice for re- apply E-2
follow the notice said that I understand, am not providing any evident showing source of this funds,
I do not have enough evidence for showing the source of money that I put to invest, that's not commit with crime. This money I transfer from my origins country, this is my family money, I borrow from my sister.$58,000 put for operating Restaurant.
Now my F1 visa expired, but am still study to maintain my I-20,I-94D/S
Any change to re apply and get approve.

Please help,
ONA
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Leave US after applying for H1B
3rd Apr 2010 1:47pm, Rated: unrated
veenasheela asks...

I have finished my master's degree and I'm on OPT now. My OPT expires on May 10th, 2010.
I have applied for H1B visa 2 days back. Can I leave US before knowing the status of my Visa i.e, before getting the visa approved?
Are there any rules that we should not leave US before getting visa approval?
Can I go to my home country and get the visa stamping from there?

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Advice !
23rd Mar 2010 11:41am, Rated: unrated
PEACHTREE35 asks...

I am unsure where to start my husband and I are both U.K citizens, and wish to live in the U.S however we are both in our mid 30's and his father is a U.S citizen. If we go down this route it could take years as we are married. We are unsure how else we can apply to the states can we go via our proffessions? I am a teacher my husband is self employed in the world of IT telecomunication. Any basic advice would be appreciated.

Thanks in advance


Louisa
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CDN man with U.S. wife. Both currently in US - seeking green card.
4th Mar 2010 2:21pm, Rated: unrated
[Anonymous] asks...

Hello, I am a newbie here! I am in need of immigration assistance, just to be more clear on a few things.
I am hoping to do the paperwork myself, and I hope that it's straight-forward enough for me to do just that.
I am a Canadian male (with Cdn citizenship by birth), my wife is a US citizen by birth (she is also a Canadian permanent resident). We have been married for 11 yrs and have 4 kids. We married in Canada in the Summer of '98, and all 4 of our kids were born in Canada.
We came to the U.S. recently (4 months ago) to visit my wife's family, decided to stay, and so we bought a house.
I need to become a US permanent resident.
So here are my questions:
What forms are involved? (I have forms i-130, i-485, i-864, g-325a). Are these right? Are they all necessary? Are more needed?
Also, what are all the steps I must take? ie- Do I get a medical exam before filing, or do I wait...?
* For form i-864, my wife needs her W2's, but since she had been living in Canada with me for 11 yrs she only has Cdn tax return information. Should I be enlisting another U.S. family member to co-sponsor me? (like her brother)

Thank you!
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become a US citizen
24th Feb 2010 10:46pm, Rated: unrated
mui asks...

I currently have a Permanent Resident Card since 2003 via my spouse. Is it a simple process to become a US citizen? How long will this take and is there any reason why I would not be accepted?
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Legally live and work in Brazil.
19th Feb 2010 11:49am, Rated: unrated
William Mueller asks...

I have lived in Brazil since July 2007 and married a Brazilian citizen in January 2008. I have been working here for my U.S. based coporation since I came here. My salary is paid out of the U.S. and U.S.taxes are paid. My employer now want to expat me, what does that mean from a tax and employment perspective?
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multiple filing of form i-131
3rd Feb 2010 2:41am, Rated: unrated
dnaish asks...

we moved to the united states as permanent resident and recieved our green card after one month , we then applied for a from i-131 and we were granted permission to stay outside the united states for 2 years, now this extension is about to expire and we plan to extend our stay outside the states for another 2 year period what would be an appropriate way to go about it? ( i mean the proper from to file etc)
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file sent to MSC
1st Feb 2010 6:19pm, Rated: unrated
[Anonymous] asks...

February 1st 2010
E.Mail copperose1@excite.com

Dear sir/madam

My family and i live in Indiana, my daughter and I are from the UK my daughter was 16 when we came here and I became a U.S citizen in May 2009 after waiting 5 years as a LPR.
I updated my petition for my daughter's pending I-130 shortly after my ceremony and her I-130 was finally approved in Oct 2009 and she was listed as child under 21 of U.S citizen 201(b) on her I-130 approval receipt notice, her I-130 was initially filed way back in September 2006 she is 24 now.
This last month Jan 25th 2010 we sent in her I-485 and I-765 with completed medical etc as instructed by INS and we sent them to Chicago IL lockbox.
M y question is this, she did have a priority date on her I-130 Approval notice of Oct 16th 2006 but on the receipt notices we have just received for her I-485 and I-765 there is no priority date and they have sent her files to MSC.
When we filled out her forms i mistakenly put a tick in category A instead of catagory B on her I-485 form but didnt realize the mistake till after i had mailed the forms, INS never returned any of the forms for correction, would they have filed her in the wrong category because of this and would this be the reason they have sent her forms to MSC ? what does MSC do?,the receipt notice letters said she will be notified of a biometrics date for finger prints will she have to go to the MSC office for these and should i notify INS that i ticked the wrong box by mistake.
I spoke with a INS agent via telephone today and they said the reason she doesn't have a priority date now is because she doesn't have to wait in line is this correct?

Thank you for taking the time to read this letter.
Respectfully yours
Valerie Garrett
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father has an issue of overstay
1st Feb 2010 5:44pm, Rated: unrated
[Anonymous] asks...

Is it advisable for parents apply for B2 visa together as my father has an issue of overstay??
If they had to rejects my fathes visa will they reject my mother's visa too because they both applied together??even though my mother visa seems to have no problem.
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e2 visa and 1099 employees
31st Jan 2010 7:22pm, Rated: unrated
[Anonymous] asks...

Hi
I am looking at purchasing a business for an E2 visa. It has 5 employees who are all 1099 status. The business just had the E2 renewed with this staff status last Aug and renewed for 5 years.
There seems to be a lot of confusion as to whether and E2 can be granted on this status and re-newed, although the E2 has just been granted on this status in past 6 months.

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B1 overstay
29th Jan 2010 7:57pm, Rated: unrated
[Anonymous] asks...

my father visited US in jan 1995 and stayed for 23 months where his visa was only for 1 month.he went back to india voluntarily in december 1997.its been 13 years he is staying in india.now i want my father -mother to visit me in US on B2.now as my fathers 10 years is over(as an overstay ban).what are his chances to get visa??
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(23 months)overstay in US on one month b1 visa
28th Jan 2010 3:53pm, Rated: unrated
[Anonymous] asks...

my father visited US in jan 1995 and stayed for 23 months where his visa was only for 1 month.he went back to india voluntarily in december 1997.its been 13 years he is staying in india.now i want my father -mother to visit me in US on B2.now as my fathers 10 years is over(as an overstay ban).what are his chances to get visa??
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Au Pair Visa
22nd Jan 2010 8:50am, Rated: unrated
[Anonymous] asks...

I am looking to work in Florida. I have a job offer and need advice. I
want to know how long it will take me to obtain it? What is the process?
I am British and I heard of the J-1 and Q Visa. Is this easy to get?
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I-130 petition
17th Jan 2010 6:42pm, Rated: unrated
[Anonymous] asks...

Hello,

I just became a US Citizen. I would like to bring my mom, my brother (14yrs), and my sister (13yrs) to the U.S. They reside in Colombia. I want the 3 of them to come and live here. However, I understand that my brother and sister will have to wait longer for a visa to become available. I know that my mom would not leave them there by themselves. Is there a way that I can petition the 3 of them and if my mom gets a visa first, can she come to the U.S w/ an immigrant visa without having to stay here permanently? Can she just come and visit and then apply for an I-485 once my brother and sister get theirs? Or, is there something different that we can do? My mom has applied for a tourist visa twice and twice they denied it. Also, does the fact that my brother and sister are minor help speed up the process?

Thank you in advance!
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Green Card With Conditions - Stolen
13th Jan 2010 1:31pm, Rated: unrated
brit64 asks...

I visited Costa Rica at the latter part of 2009 and my wallet was stolen, inside was my green card. Although I have a photocopy, my card however needs to be renewed by May 2010. I am no longer married to the us citizen what do I need to do and will I be able to get a permanent residency? I dont know whether I can explain my reasons for not continuing the marriage on the forum but will explain if necessary. I can say that it was due to physical and emotional abuse
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am I still entitled for petition??
3rd Dec 2009 4:54pm, Rated: unrated
anamel asks...

good day! My father applied for petition and already approved. got the documents like i-824 which receipt date was may 22, 1998 priority date december 19, 1998 and notice date october 16, 1998.

It said the application has been approved and notified the consulate of manila Philippines. it includes that the request notification be sent so that the dependents (us) could apply for their immigrant visas there.

My stepmother and my 2 stepbrothers said in those times that my sister and i dont have notice or not included in the summon. im now 31 years old and would like to ask what is the proper thing to do. Im clueless regarding the matter if i can ask for petition using this approved document but 1998 and clueless again regarding visas. hope for clarification on this matter.
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fiancee visa
3rd Dec 2009 9:58am, Rated: unrated
[Anonymous] asks...

I have moved from Scotland with my three children to marry a usc on a fiancee visa ,sadly things have not worked out my husband wishes me to move out ,I wish to move out. I am now registered as an Rn and have a fulltime position I have received my permenant residence card and so have two of my children ,my oldest just turned 14 and his was delayed should hear word of his shortly. What rights do I have with regards residency if I am no longer with my partner. The kids also have Australian and British passports.
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Fiancee or Spouse Visa?
17th Nov 2009 7:53am, Rated: unrated
sabrina88 asks...

I'm an American and my fiancee is British. I have a child. Should he come here to marry me in the states, and I apply for a spouse visa or should I apply for a fiancee visa? What's the best method? We don't have much money and would like to speed up the process. Thanks!
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Niece detained in usa by Great grandparents
9th Nov 2009 6:30pm, Rated: unrated
shortfuse27 asks...

my niece was sent to stay with great grandparents for a few weeks in Georgia USA and now 3 years later we can still not get her home, the court gave her father custody even though he had never even seen her since she was born as he told the court my sister was a bad parent, the father does not even have custody of my niece the great grandparents do and have now stopped any contact for my sister.
we live in England uk where my niece has lived her whole life up until her great grandparents taking her, we have sought legal advice but are yet to get any help and my sister is ready to blow as you can understand its very hard for her to be parted from her daughter and even after fighting as hard as she can still nothing has been resolved.
Can you help us or send us in the right direction as we love and miss her so much and just want her home with us where she belongs, many thanks Mrs C Barton.
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L1a queries
26th Oct 2009 2:13am, Rated: unrated
mr&mrssunshine asks...

we are eligible to apply in Feb 2010 but for various reasons want to oepn the US LLC sooner.
I now the UK compnay has to own 51%
I know we need to rent premises BUT is that straight away, just before we apply or within 12 months ?

my main query is the correct wording of the 'within 12 months....
SO, within 12 months
do I need to be earning an income or will my Uk one suffice ?
i think i need to be employing a licensed/qualified US citizen as a manager ?
i need to be showing some growth and employment of some US citizens (will subs count?)
anything else i need to budget for.

many thanks
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I-539 Denial H1 to J1
14th Oct 2009 6:11pm, Rated: unrated
[Anonymous] asks...

Dear Sir, I am a foreign national and medical graduate in my fifth and final year of postgraduate medical training (PGY-5 resident) in diagnostic radiology at a prestigious university (very competitive). I entered the US on a visit visa, converted to an H1-B for research for two years and then started my medical residency transferring my H1-B. I have never been out of status but my 6 years of H1-B expired on June 30th 2009. I subsequently planned to convert to a J1 to complete my final year of training and also for my fellowship (2010-2011) as that was the only course open to me. Due to a combination of ignorance as to need to filing of an 1-539 and a state of clinical depression (my father passed away overseas after a brief illness and I was unable to leave to go home) I became out of status and was late in filing of the I-539 by 24 days (UCIS received application July 24th). I attached an the necessary documentation, an affidavit with an explanation and a copy of my fathers death certificate as proof but just received a denial notice regarding my application. My wife is a permanent resident and we are very stressed and terrified now as to what will happen.

I have been home for the past 3 months as I cannnot legally work and all my years of education, work and career are now threatened. What should I do. I an planning to file an MTR with supporting letters from my residency program as well but I dont have the actual reason for the denial yet (it has been mailed).

What are my options. What is the chance of success with an MTR? I am shocked at the denial and that they could derail my future at this final stage like this. My graduation in June has already been derailed and I am not facing the danger of having to leave the country before 180 days (since June 30th 2009).
Please, please advise. Thank you...
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I-539 Denial H1 to J1
14th Oct 2009 5:24pm, Rated: unrated
[Anonymous] asks...

Dear Sir, I am a foreign national and medical graduate in my fifth and final year of postgraduate medical training (PGY-5 resident) in diagnostic radiology at a prestigious university (very competitive). I entered the US on a visit visa, converted to an H1-B for research for two years and then started my medical residency transferring my H1-B. I have never been out of status but my 6 years of H1-B expired on June 30th 2009. I subsequently planned to convert to a J1 to complete my final year of training and also for my fellowship (2010-2011) as that was the only course open to me. Due to a combination of ignorance as to need to filing of an 1-539 and a state of clinical depression (my father passed away overseas after a brief illness and I was unable to leave to go home) I became out of status and was late in filing of the I-539 by 24 days (UCIS received application July 24th). I attached an the necessary documentation, an affidavit with an explanation and a copy of my fathers death certificate as proof but just received a denial notice regarding my application. My wife is a permanent resident and we are very stressed and terrified now as to what will happen.

I have been home for the past 3 months as I cannnot legally work and all my years of education, work and career are now threatened. What should I do. I an planning to file an MTR with supporting letters from my residency program as well but I dont have the actual reason for the denial yet (it has been mailed).

What are my options. What is the chance of success with an MTR? I am shocked at the denial and that they could derail my future at this final stage like this. My graduation in June has already been derailed and I am not facing the danger of having to leave the country before 180 days (since June 30th 2009).
Please, please advise. Thank you...
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I-539 Denial
14th Oct 2009 3:49pm, Rated: unrated
SKhawar asks...

Dear Sir, I am a foreign national and medical graduate in my fifth and final year of postgraduate medical training (PGY-5 resident) in diagnostic radiology at a prestigious university (very competitive). I entered the US on a visit visa, converted to an H1-B for research for two years and then started my medical residency transferring my H1-B. I have never been out of status but my 6 years of H1-B expired on June 30th 2009. I subsequently planned to convert to a J1 to complete my final year of training and also for my fellowship (2010-2011) as that was the only course open to me. Due to a combination of ignorance as to need to filing of an 1-539 and a state of clinical depression (my father passed away overseas after a brief illness and I was unable to leave to go home) I became out of status and was late in filing of the I-539 by 24 days (UCIS received application July 24th). I attached an the necessary documentation, an affidavit with an explanation and a copy of my fathers death certificate as proof but just received a denial notice regarding my application. My wife is a permanent resident and we are very stressed and terrified now as to what will happen.

I have been home for the past 3 months as I cannnot legally work and all my years of education, work and career are now threatened. What should I do. I an planning to file an MTR with supporting letters from my residency program as well but I dont have the actual reason for the denial yet (it has been mailed).

What are my options. What is the chance of success with an MTR? I am shocked at the denial and that they could derail my future at this final stage like this. My graduation in June has already been derailed and I am not facing the danger of having to leave the country before 180 days (since June 30th 2009).
Please, please advise. Thank you...
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I-539 Denial
14th Oct 2009 3:49pm, Rated: unrated
SKhawar asks...

Dear Sir, I am a foreign national and medical graduate in my fifth and final year of postgraduate medical training (PGY-5 resident) in diagnostic radiology at a prestigious university (very competitive). I entered the US on a visit visa, converted to an H1-B for research for two years and then started my medical residency transferring my H1-B. I have never been out of status but my 6 years of H1-B expired on June 30th 2009. I subsequently planned to convert to a J1 to complete my final year of training and also for my fellowship (2010-2011) as that was the only course open to me. Due to a combination of ignorance as to need to filing of an 1-539 and a state of clinical depression (my father passed away overseas after a brief illness and I was unable to leave to go home) I became out of status and was late in filing of the I-539 by 24 days (UCIS received application July 24th). I attached an the necessary documentation, an affidavit with an explanation and a copy of my fathers death certificate as proof but just received a denial notice regarding my application. My wife is a permanent resident and we are very stressed and terrified now as to what will happen.

I have been home for the past 3 months as I cannnot legally work and all my years of education, work and career are now threatened. What should I do. I an planning to file an MTR with supporting letters from my residency program as well but I dont have the actual reason for the denial yet (it has been mailed).

What are my options. What is the chance of success with an MTR? I am shocked at the denial and that they could derail my future at this final stage like this. My graduation in June has already been derailed and I am not facing the danger of having to leave the country before 180 days (since June 30th 2009).
Please, please advise. Thank you...
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I-539 Denial
14th Oct 2009 3:35pm, Rated: unrated
SKhawar asks...

Dear Sir, I am a foreign national and medical graduate in my fifth and final year of postgraduate medical training (PGY-5 resident) in diagnostic radiology at a prestigious university (very competitive). I entered the US on a visit visa, converted to an H1-B for research for two years and then started my medical residency transferring my H1-B. I have never been out of status but my 6 years of H1-B expired on June 30th 2009. I subsequently planned to convert to a J1 to complete my final year of training and also for my fellowship (2010-2011) as that was the only course open to me. Due to a combination of ignorance as to need to filing of an 1-539 and a state of clinical depression (my father passed away overseas after a brief illness and I was unable to leave to go home) I became out of status and was late in filing of the I-539 by 24 days (UCIS received application July 24th). I attached an the necessary documentation, an affidavit with an explanation and a copy of my fathers death certificate as proof but just received a denial notice regarding my application. My wife is a permanent resident and we are very stressed and terrified now as to what will happen.

I have been home for the past 3 months as I cannnot legally work and all my years of education, work and career are now threatened. What should I do. I an planning to file an MTR with supporting letters from my residency program as well but I dont have the actual reason for the denial yet (it has been mailed).

What are my options. What is the chance of success with an MTR? I am shocked at the denial and that they could derail my future at this final stage like this. My graduation in June has already been derailed and I am not facing the danger of having to leave the country before 180 days (since June 30th 2009).
Please, please advise. Thank you...
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mr
13th Oct 2009 7:49am, Rated: unrated
janieh619 asks...

could you please advise I am 52 years of age company director of my own company. I am looking to move to florida start up a new business or buy an existing business with my partner, who is 45 years of age. Can you please advise if this is a possibility.

How much of minimum funds required for this and are there some types of companies that are favoured by immigration opposed to others?

We would be self sufficient. Is this a difficult proccess? How costly and do you know how long this type of visa would take.

We are both brits with no dependants. Therefore visa would just be for the two of us.

please advise
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Worried I will loose my Green Card
1st Oct 2009 9:48am, Rated: unrated
[Anonymous] asks...

Hi,

My parents moved to the USA in April 2006, I came with them as I was eligible being under 21. In February 2008 my sister, whom still lived in the UK, lost her baby so my parents and I came back to the UK to offer support and show our respects.
3 weeks later my parents went back to the USA due to work commitments and I stayed in the UK, taking leave from college and quitting my job in the USA.

I have been in the UK since, offering my sister support. I have entered the states multiple times during this period but for periods of no longer than 2 weeks each time.

My last visit which was this month, the immigration officer asked more questions than usual and was particularly difficult with regards to the type of questions he was asking. I am again back in the UK but my last trip to the USA has left me particularly nervous about my position as a permanent resident.

I have active american bank, savings, and credit card accounts, I hold a USA driving license and am intent on returning and re-entering college. I have not committed any criminal acts whilst away.etc

I have accessed the official website and read the guidelines and fear my length of time out of the country may be reason enough to take my green card.
I understand every situation is different and really the only one that could actually answer my question is perhaps a US immigration official however I was simply hoping for advice from a professional on the likely hood / frequency / chance, of permanent residents loosing green cards for this reason only.

I would appreciate any feedback, comments, or honest advice on this matter, and thank you for your time in hearing my concerns.
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Problem
26th Sep 2009 2:21pm, Rated: unrated
billeh asks...

I did everything I needed to do to succeed at a fiancee visa. It all went successfully. One year later my wonderful Chinese wife is so unhappy [ with the rural south in the US, not w/ me ] that she wants to go back to China. [ to leave me]
If we divorce, can I do it all again? Can I find another [wife] on the internet, and do a fiancee visa again? Or would China say no? Will this failure ruin my future chance of having a Chinese wife?
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Which U.S. consulate to apply at for E2?
21st Sep 2009 1:07pm, Rated: unrated
finhom asks...

Hello,

Thank you for taking my question.

My friend is a Canadian citizen, recently retired and has been living in India in part (filing taxes there) and has been staying in the US recently on a B-2. He does not have a residence in Canada and is planning to invest in a business and wants to apply for a E2.

He has been advised that a consulate interview is inevitable if he ever leaves the US. So, my friend wishes to know whether he can pick a consulate in Canada of his choice to apply for a consular interview appointment to be granted the E2. He would like to start his business soon but the waiting time for an appointment at Toronto or Montreal is roughly 42 business days, while at Ottawa it is 14 days and Halifax it is 5 days. Ideally he would like to apply at Halifax. Can he do so?

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tax quistion
16th Sep 2009 8:57pm, Rated: unrated
aad de visser asks...

dear sir mam

whe living momentairaly for 12 years in grand cayman(tax free)
we thinking off returning to the uk.
we like to sell our house here in cayman .
and to reinvest that money for a house in the uk to live in.
our quistion is do we have to pay any duty or tax when bringing in
that money into the uk?
regards
aad
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tax quistion
16th Sep 2009 8:52pm, Rated: unrated
aad de visser asks...

dear sir mam

whe living momentairaly for 12 years in grand cayman(tax free)
we thinking off returning to the uk.
we like to sell our house here in cayman .
and to reinvest that money for a house in the uk to live in.
our quistion is do we have to pay any duty or tax when bringing in
that money into the uk?
regards
aad
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Where do I go now?
16th Sep 2009 7:29am, Rated: unrated
cazza_62 asks...

I came to the US in 2004 with my young son and married a US citizen.
We sent the paper work and money to the places for the paperwork we received to start the citizenship process for my son and I.
Since then we have received forms I-797 and CP-565.

Can someone tell me what paperwork I should be working on now as I have received nothing else from the US departments involved?

Thank you in advance

Cazza62
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Where do I go now?
16th Sep 2009 7:27am, Rated: unrated
cazza_62 asks...

I came to the US in 2004 with my young son and married a US citizen.
We sent the paper work and money to the places for the paperwork we received to start the citizenship process for my son and I.
Since then we have received forms I-797 and CP-565.

Can someone tell me what paperwork I should be working on now as I have received nothing else from the US departments involved?

Thank you in advance

Cazza62
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can we avail of cspa?
13th Sep 2009 9:51am, Rated: unrated
marjorie_vasquez asks...

my grandmother filed a I-130 for my mom and us (her children) last march 17, 1993 and was granted approval on april 22, 1993 when I, born on may 16, 1979 and my brother who was born on august 25, 1985 were 14 years old and 8 years old respectively. it was really unfortunate that when my mom was sent the mail containing the case number and further instructions she got it lost. and sometime in february this year, when she made a follow up at the US embassy here in Philippines she found out that this year they are already processing the petitions with priority year 1993. In august 2009, mom was sent a letter from nvc that her documents submiited is still lacking of the ds-230 so she sent it tgether with our ds-230 also, then on september 8 she received an email from nvc about the aos fee to be paid and theres an important note about the children who pass 21 years ols already. when we check the account in internet, we saw the names of our two siblings who are minor and our's wasnt there.

do you think we can still benefit from the cspa? how can we avail of it?

thanks for finding time reading my long question. thanks and God bless.
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visit visa
6th Sep 2009 10:29pm, Rated: unrated
[Anonymous] asks...

British citizens are allowed a wavier of visa and can stay 3 months when coming from another country.My question is if this privilege is lost because of overstay will we have to bring visa when we enter USA ?and is there any chance they can reject giving visit visa when applied for the next time?
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conditional greencard
25th Aug 2009 11:55am, Rated: unrated
jlitt asks...

i have a conditional greencard which runs out in december, i have been having problems with my husband and my inlaws and was so unhappy i left my husband and returned to the uk. I am pregnant and have been having some complications with my pregnancy so am not able to fly If i surrender my conditional greencard will i still be able to travel to the usa as a visitor. and is there anything i can do with will allow me to leave the usa with my child
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Green card application
23rd Aug 2009 11:52am, Rated: unrated
USAExpat asks...

Hello,

My husband is in the process of applying for a green card. I am American and there shouldn't be any issues with actually getting the green card. According to the green card instructions it says that the application can take up to 12 weeks. Does anyone have any advice on how to speed up this process? I know it is a two stage application process with each being 12 weeks.

Thanks very much for your time and help.

Meredith Knight
email: gevknight@hotmail.com
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I-94 renewal and E-2 extension in country other than UK
22nd Aug 2009 12:18pm, Rated: unrated
Puddin asks...

Hi,

I am the spouse of an E-2 visa holder and our I-94 run out in October of 2009 and our E-2 visa runs out April 2010.

My questions are:

can we renew our I-94 in a country other than the UK. For example the Bahamas or Mexico?

can we extend our E-2 in a country other than the UK. For example Jamaica, Barbados, Canada, Mexico etc on a Third Country National basis.

Thank you for your help

Raine

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Inheritance
11th Aug 2009 5:20pm, Rated: unrated
[Anonymous] asks...

Hello

How does inheritance of I-140 works

8/11/09

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Inheritance
11th Aug 2009 5:20pm, Rated: unrated
[Anonymous] asks...

Hello

How does inheritance of I-140 works

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Greencardholder, married to US citizen, seeking legal separation
23rd Jul 2009 12:39pm, Rated: unrated
Monich asks...

I am new in this forum and was happy to have found this forum. I don't have the money to engage a lawyer and thought you could help me.

My Q: If I seek for legal separation (because my husband is accused of a felony but charges still under evaluation by court) what will be the consequences? We have been married for more than 8 years.

I bought our Condo with my cash money but my then boyfriend/now husband insisted that I'd need him as I had no SS # at that time. He is obviously co-owner and our mortgage is threatened.

He took out a big credit-line under his name alone, used my name and SS # to open 2 credit cards (I found out via my Credit report) and is now unable to pay the debts back as being laid off due to felony charges.

Am I responsible for his debts? Can a legal separation change the debt-rule in FL? His jury trial is due in September - shall I wait until it's over or shall I go on now ? Or shall I go the divorce direction right now?

Thanks a lot for your answers.
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E2 Change of Status
15th Jul 2009 12:55pm, Rated: unrated
brileo asks...

Daughter, her husband and children have E2 visa, they would like to remain in the US (British Citizens), can they apply for an L1 (Employment visa) if they sell their Company to someone who would then employ them?
Thanks
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I-140 denied based on ownership and size of company
13th Jul 2009 8:08pm, Rated: unrated
jomel asks...

Hello,

I currently have a valid L-1 visa up to June 2010. The business was incorporated in 2003 and it is owned by a foreign company. I filed for the GC the first time in 2005 and received a request for more evidence. At that time my lawyer advised me to withdraw the application.
In Feb 2007 we re applied and in October 2008 got a denial. Main reason as stated in the letter: First, the foreign company is owned by my self and my wife. So the center says this is not intended for self employment. Second, based on the small size of the company (6 employees here in the US and 12 overseas) the felt I was spending time preparing orders and doing shipments. Which is not true.

Now my lawyer tells me to re-apply. Other lawyer told me not to, because they are not approving I-140 for small businesses.

Instead advised to apply for E-2 (I am spanish citizen also). The L-1 petition was done using a Venezuelan passport. But I hold both nationalities.

On the other hand my case went to Nebraska, and now it will go to Texas. Some people tell me to reapply. But I am concerned that based on the denial there has been little change. Just 2 more employees.

Our gross sales since 2003 have been growing by 20% each year. In 2007 were $2.4M, only in 2008 went down to $1.9M. So far in 2009 we have done $1.1M. Now we have 8 employees.

Finally, should I re apply for I-140 based on the L-1, or should I apply for E-2 ?. I have invested over $750K in the business.

Thank you so much for your time answering this question.

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Filing new I-130 or request preference change for married daughter when parent becomes US citizen?
7th Jul 2009 4:29am, Rated: unrated
[Anonymous] asks...

My relative is currently a permanent residence. He filed I-130 for his unmarried daughter. The petition was approved with 2B-preference and priority date May, 2006. Recently, his daughter became married. As a result, her petition became voided. Within a year, my relative will meet requirement to apply for naturalization. When he becomes US citizen, can he request to change preference from 2B to 3 ? or does he have to file a new I-130 for his daughter and her spouce?

Thanks,
Tuan Pham
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Immigration
6th Jul 2009 9:37pm, Rated: unrated
[Anonymous] asks...

how long do you have to leave the states for immigration status change?
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Immigration
6th Jul 2009 9:33pm, Rated: unrated
[Anonymous] asks...

Does my husband have to leave the country during a immigration status change if i'm pregnant?
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E2 change of statue - urgent need to return to see dying father
30th Jun 2009 1:38pm, Rated: unrated
suzie Q asks...

my husband and i are here on E2 change of status......hubby is the main holder and i have work permit (although currently work on his company)......my father has just been diagnosed with cancer and has weeks to live and i need to get back and see him, but i understand i will lose my change of status if i do

is there any way i can do this......i do have a B2 visa in my passport which is valid for 10 years????

PLEASE HELP ME SOMEONE

thanks
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E2 change of statue - urgent need to return to see dying father
30th Jun 2009 1:28pm, Rated: unrated
suzie Q asks...

my husband and i are here on E2 change of status......hubby is the main holder and i have work permit (although currently work on his company)......my father has just been diagnosed with cancer and has weeks to live and i need to get back and see him, but i understand i will lose my change of status if i do

is there any way i can do this......i do have a B2 visa in my passport which is valid for 10 years????

PLEASE HELP ME SOMEONE

thanks
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How can I move to the US
9th Jun 2009 1:11pm, Rated: unrated
Jas asks...

I am single man 38 years. I have no family, just come out of 12 year divorce. I want to start new life in the USA, how do I proceed with a job offer. Can anyone help me.
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Obtaining LC copies from DOL
4th Jun 2009 8:59pm, Rated: unrated
[Anonymous] asks...

My I-140 application was filed with a labor substitution in May 2007. I don't have any documents or records of the filing. I need these documents to invoke AC21. I was thinking about filing FOIA to get these document copies. But I'm not sure if DOL will have the records under my name, since its labor substitution case. Can you please clarify?

Thanks.
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Obtaining LC copies from DOL
4th Jun 2009 8:59pm, Rated: unrated
[Anonymous] asks...

My I-140 application was filed with a labor substitution in May 2007. I don't have any documents or records of the filing. I need these documents to invoke AC21. I was thinking about filing FOIA to get these document copies. But I'm not sure if DOL will have the records under my name, since its labor substitution case. Can you please clarify?

Thanks.
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Obtaining LC copies from DOL
4th Jun 2009 8:52pm, Rated: unrated
[Anonymous] asks...

My I-140 application was filed with a labor substitution in May 2007. I don't have any documents or records of the filing. I need these documents to invoke AC21. I was thinking about filing FOIA to get these document copies. But I'm not sure if DOL will have the records under my name, since its labor substitution case. Can you please clarify?

Thanks.
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H1B Visa & Scholarship
3rd Jun 2009 11:00am, Rated: unrated
aespinel asks...

I recently got approval on a H1B application that I filed with a U.S. Company. However, last thursday I recieved a full scholarship from a very prestigious University in Europe. After thinking a lot about it for, I decided to take the scholarship.

I told my employer of my desicion and they are still interested in having me working with them after I complete my master's degree in Europe. However, they would prefer not to reject the visa for which I already had approval, but to change the emploment conditions so that I could do some work for them abroad while I get my master's degree, and also be able to travel to the US occasionally when necessary.

My question is: Is that possible at all, or do we have to reject the H1B visa and apply next year?

Thanks
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Green Card Application
31st May 2009 1:55am, Rated: unrated
[Anonymous] asks...

Hi,

I have been offered employment in the USA and the company is currently in the process of applying for a H1 visa. They have agreed that after 6 month they would apply for a green card which would enable my wife to also work in the US but my understanding is that the green card would only be allocated to one of the following groups which a H1 visa applicant i believe does not fall within:
1) Immediate Relatives
2) Preference Categories
3) Diversity immigration lottery
4) Investors
5) Special Immigration
6) Refugees
7) Amnesty
8) Temp protected status

Is this correct can my employee apply for a green card once i have been there for six months?

Thansk
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CSPA 203(h)(3)
30th May 2009 6:01pm, Rated: unrated
aizky asks...

My father was petitioned by my uncle in 1997 and our family's case was just approved this May. Unfortunately USCIS denied my application because I aged out. I have been waiting for 12 years for my green card and I have been looking to see what are my options. I spoke to a lawyer and he said that my dad needed to file an I130 but this will take over 9 years to process. I have been reading about the retention of priority date 203(h)(3), but I am confused as to if I would be eligible for this, and what I would have to send with my I139 for this to be applied to my case.

Any guidance you can offer would be greatly appreciated.

Best regards,

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Divorce n Green Card Enquiry
30th May 2009 5:57pm, Rated: unrated
pooja asks...

Hi i use to before marriage and now stay in dubai. i got married to this guy in chicago in april 07 and he called me to states on visit visa which got expired in 2 months, then i cleared the immigration interview and got temp green card which expires this oct 09. now we both are goin through a divorce, i went to chicago in dec 08 for filing divorce case and came back to dubai in jan. this july it will be my 6 months outside states, so now i need to know whether i need to re entry states before july? i do not want to travel now coz of the swine flu goin there and also coz i havent yet got a date for court hearing, and also travellin again n again is very expensive since i dont know any1 there. will i loose my green card if i do not travel befor july??please help me!
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Visa information!!!!!!!!!!!!!
22nd May 2009 9:51am, Rated: unrated
[Anonymous] asks...

I was married to Hi visa holder but he tortured me too much in my pregnancy period.He left me alone in USA with a small baby after beating me and flew to his home country. after few weeks I also came to my country. I filed a criminal complaint in my home country as well as united states. But my problem is this my police officer is not giving me the I 918 supplement B certificate that required for applying U visa. My baby is Us citizen. Here my husband is threatning me to withdraw all the complaints. My baby is suffering a lot in all this. I don't have money even to feed my baby. I don't know what to do which visa I should apply or can I get U visa without that certificate.Please help me to save my child from that abusive person.
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Status of minors when parents receive green card
12th May 2009 10:41pm, Rated: unrated
zinya asks...

My brother is turning 21 tomorrow. At the time my parents got their green cards he was 19. They had put him down as a dependent on their paper work but he still did not get a green card along with them. Everyone we have spoken with says that when parents get their green cards minors get their green cards simultaneously. We were advised by the INS officer to file his paper work and let it process. That has not moved in one year. Is there a way that, if this was a flaw, it can be fixed so that he can get his green card right away?
Thank you
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Need to know where I stand legally
26th Apr 2009 5:43pm, Rated: unrated
[Anonymous] asks...

My husband holds dual citizenship (American/British) and four and a half years ago, my family emigrated from Scotland to the USA. My daughter (14yrs) and i hold permanent greencards. My husband sponsored us, as did my father-in-law's wife.

At the start of this year, i was diagnosed with renal cell cancer and my husband decided that he didn't want the cost of sick wife. To cut a long story short, he made life as difficult for me and my daughter as possible, and would not give me money for medical care. As my health and his behavior declined i was forced to move to the next state (Georgia to South Carolina) to live with friends.

At present, i have no access to medical care or money. I don't know what to do next. I would go home to Scotland but i have to find money for plane tickets and i have just heard that i may not be accepted for NHS help because i've been out of the country longer than 3 months.

I have attempted to get legal help from many places, but so far nothing. So here i am. I've came across your website and i hope you can give me some legal answers to my dilema.

Thanks in advance
Dingle
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overstay
24th Apr 2009 6:07pm, Rated: unrated
martin1964 asks...

I've overstayed my visa by 18 yrs, getting married, how much hassle will we recieve from ins ?
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My parents are at the USA as visitors now, we applied i-130, it was approved.
19th Apr 2009 6:10pm, Rated: unrated
[Anonymous] asks...

dear, Mr.

My parents are at the USA as visitors now, i applied i-130 for them, it was approved. according to my knowledge, after i-130 approved, because my parents are adjusting status in the USA, so they should fill in i-485 . however, their case were sent to NVC.

why their case sent to NVC? they are in the USA now.
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investment visa to greencard
19th Apr 2009 3:08pm, Rated: unrated
eddie521 asks...

im a real estate licensee from illinois and maryland.

i have a client who needs to develop his 18 acre land in deal island, maryland.
we're looking for investors to fund the project from south korea to develop 20 unit beachhomes in maryland.

ultimately, the investors are interested in obtaining greencard through the investment.
are there any extra benefit that they can attain through e2, eb5? if not, what would the other options may be for them?
if eb5 visa is the only option, do the investors each need to employee 10 workers for 2 years through the investment?

and lastly, ive heard that the govt has just passed a bill for e2 visa investors to get greencards? is that valid or still an ongoing bill?

any experienced suggestions will greatly be appreciated..
thanks
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investment visa to greencard
19th Apr 2009 2:41pm, Rated: unrated
eddie521 asks...

i have a real estate licenses from illinois and maryland.

i have a client who has 18 acre land in maryland who is interested in developing 20 unit beach homes near deal island in maryland.

my client and i are looking for fund investors from south korea to invest in the project. 20 investors; approximately 2 mil by each investors.

are there any extra benefits these investors can attain to obtain greencard;
through e2, eb5, or other ways?
is eb5 the only option to fastest process to greencard?

thank you for your help..
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Interview before our due renewal in Sept 09
11th Apr 2009 10:03am, Rated: unrated
twen asks...

Hi,

We are currently preparing our first E2 renewal, our current one is valid unil 12 Sept. 2009, my question is if we post our renewal in April will the Embassy make us wait until nearer Sept before giving us in interview or would they give us an interview sooner.

We are trying to cover all areas if we do not get renewal then an earlier interview would be better allowing us more time to come back to US and sell everything in preperation for reurning to he UK.

Best regards
Twen
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Joint venture on E2-BEST WAY TO STRUCTURE THE FINANCES...
7th Apr 2009 9:42am, Rated: unrated
[Anonymous] asks...

Hi,
I have recently set up a JV with a fellow E2 visa holder. We set up an LLC which is 50% owned by our 2 corporations which sponsor our E2 visas. My question is when it comes to the financials, from an immigration standpoint is it best to keep this business totally seperate from our holding companies eg set up payroll from the LLC to pay employees/owners? Or will the embassy prefer that all monies depositted into the LLC be split 50/50 into our respective holding corps then paid out via payroll etc?

Many thanks
KD
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Pending I485 approval
7th Apr 2009 7:49am, Rated: unrated
ccv asks...

My 485 has been pending since August 2007. I am done with the finger printing and now anxiously awaiting the green card. Any thoughts on what the quota situation is in the US ?

Thank you
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advanced parole
3rd Apr 2009 10:26am, Rated: unrated
[Anonymous] asks...

Hello,
I have questions regarding Advanced Parole.
I came into the US in 2000 on a tourist visa. I went out of status until I met my husband who is American Citizen in 2007. We got married and I have a 1-485 pending. We moved from one state to another because he got a job in another state. Thus my immigration documents had to be transferred from one state to the other and the 1-485 interview had taken longer.
My other documents like work permit and ssn number were approved so i was able to get a job and so forth.
My sister was diagnosed with cancer early 2008, we thought she would beat it but that proved wrong. She got worse at the end of the year (2008). I found out i could file for an advanced parole if i had an i-485 pending.
I went ahead and filed and received it two days ago.
On the advanced parole document there is a statement that reads that i can only be allowed back in the USA if i have only been out of status 160 days.
My questions are:

1. Do you think I will be able to enter the USA if i leave?
2. What documentations should accompany the advanced parole?
3. Is there a way to expadite my i-485 interview and just go for the green card before my sister passes?

Please help I am confused!
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Confused about with withdrawing
2nd Apr 2009 4:28pm, Rated: unrated
loryeh asks...

My parents are sponsering my husband and they what to withdraw their petition. Right now he has his 2yr condtional resident card.

My parents also found out that he married me "not in good faith". He had another women at the time he married me, and I just found out about it, and he has filled for divorce.

Can I parents still withdraw?
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Can UK citizens hold a second passport?
31st Mar 2009 11:51am, Rated: unrated
Expat's mom asks...

I am currently trying to renew my 5 year-old son's UK passport. He has a US passport too. The C-2 form for passport renewal is asking me to declare that:
"The child has not previously held a passport of any description, or been
included in one, other than that stated above [i.e. his previous British passport] and no other application for a passport for the child has been made."

I am not sure what to do -- I wrote down the information about his US passport in the "Other Information" field of the C-2 form, but I cannot sign a declaration that includes the statement above.

Thanks in advance for any help you can give me!
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Outside the U.S for over 6 months during past 5 years.
19th Mar 2009 9:46am, Rated: unrated
[Anonymous] asks...

I am a permanant resident for 5 years. And I want to apply for the Citizenship. But I left US two trips to China. The first time: 2008-1-18 to 2008-3-04 (46 days). The second time: 2008-10-06 to 2009-3-24 (163 days). As USCIS, applier can't leave the US for trips of 6 months or longer during the past 5 years. But, I total left for 7 month (209 days). What can I do?
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What visa
22nd Feb 2009 9:01am, Rated: unrated
Maggie Simpson asks...

I am about to qualify as a teacher here in the UK under the GTP route. I have a degree from Australia which has been acredited here in the UK. I was wondering what the best route would be for me and my family to take and what the best visa to apply for. I am 38, my husband is 46 and we have three daughters who are 18, 17 and 15, so we want to do something before the eldest one reachers 21 as we know that she will then not be eligible to apply on our visa.

Regards

Hayley
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E2 again
17th Feb 2009 2:04pm, Rated: unrated
bizboots asks...

Hi Anrew, I have a couple of questions, our E2's are up in August, last time we only had 2 years as our profit went down due to a write off for 2 minivans, 2007 was a pretty good year and 2008 went down 10% due to the economy. Would this have an effect on approval for our new E2's ??

2nd, do we both have to go over to Germany together or can my husband go first as the primary Visa Holder and I follow later, it is difficult to leave the business .

any answer is appreciated

Edy
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IS THERE ANY ADVICE YOU CAN GIVE ME?
12th Feb 2009 10:32am, Rated: unrated
Lotus asks...

Caught between the Cruel Lines of Immigration:
An appeal for guidance from a young Angolan who only Knows life in America

I have lived in the United States for all but the first two years of my short life; I am now 23 years old. For the majority of that time, I have been here on student visas. I am currently on an A-2 visa (a nonimmigrant visa that allows foreign accredited officials and immediate family members, to enter into the U.S. to engage in official activities of their government.) as a dependent of my father. However, the visas expiration date is very soon, and unfortunately, renewing it right now is not an option. I want to file for a visa that would allow me to remain in the United States, the nation in which I am labeled an immigrant yet in which I grew up and have spent the great majority of my life, in hopes of receiving employment status so I can work, and be able to attend classes to pursue a higher education.

My ultimate goal is to come across a situation that would provide potential opportunity for citizenship so I can remain here in order to further my education and broaden the options in my future. Because I have such a limited time frame, switching to an F-1 visa (a nonimmigrant full-time student visa that allows foreigners to pursue an education) would not be an option. I've been advised to look into getting hired at an international organization where visas are processed quicker by the State Department. This is unlikely since most companies are only limited to providing a few number of visas to employees and they are usually reserved for applicants of higher positions for which I do not qualify, and many organizations currently have hiring freezes because of the economic crisis.

I've been in this country all my life, so this is all I know. I would like the opportunity to continue and progress a life for myself here.

I have gotten advice from some sources, but I have yet to find a solution that rectifies my situation. As much as I love and appreciation my country of birth and my heritage, the United States has always been home for me. Leaving here would mean leaving a great deal of myself, and much thats dear to me. I have many things I want to do with my life, and going back to Angola may mean having to drop them all. There are so many opportunities here in the states that I would hate to give up just to move to a country where I am essentially a foreigner. I am not asking for charity, but for assistance in coming up with all the legal options that may be available in allowing me to remain in the US.

If there is any information anyone may have regarding my situation, please contact me at cherubic_15@hotmail.com (with an underscore in front of the #15)

Thanks for your time and concern.

With Hope and Sincerity
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Caught Between the lines of Immigration
11th Feb 2009 8:22am, Rated: unrated
[Anonymous] asks...

I have lived in the United States for all but the first two years of my short life; I am now 23 years old. For the majority of that time, I have been here on student visas. I am currently on an A-2 visa (a nonimmigrant visa that allows foreign accredited officials and immediate family members, to enter into the U.S. to engage in official activities of their government.) as a dependent of my father. However, the visas expiration date is coming up fast, and unfortunately, renewing it right now is not an option. I want to file for a visa that would allow me to remain in the United States, the nation in which I am labeled an immigrant yet in which I grew up and have spent the great majority of my life, in hopes of receiving employment status so I can work, and be able to attend classes to pursue a higher education.

My ultimate goal is to come across a situation that would provide potential opportunity for citizenship so I can remain here in order to further my education and broaden the options in my future. Because I have such a limited time frame, switching to an F-1 visa (a nonimmigrant full-time student visa that allows foreigners to pursue an education) would not be an option. I've been advised to look into getting hired at an international organization where visas are processed quicker by the State Department. This is unlikely since most companies are only limited to providing a few number of visas to employees and they are usually reserved for applicants of higher positions for which I do not qualify, and many organizations currently have hiring freezes because of the economic crisis.

I've been in this country all my life, so this is all I know. I would like the opportunity to continue and progress a life for myself here.

I have gotten advice from some sources, but I have yet to find a solution that rectifies my situation. As much as I love and appreciation my country of birth and my heritage, the United States has always been home for me. Leaving here would mean leaving a great deal of myself, and much thats dear to me. I have many things I want to do with my life, and going back to Angola may mean having to drop them all. There are so many opportunities here in the states that I would hate to give up just to move to a country where I am essentially a foreigner. I am not asking for charity, but for assistance in coming up with all the legal options that may be available in allowing me to remain in the US.

With hope and Sincerity
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Caught Between the lines of Immigration
11th Feb 2009 8:11am, Rated: unrated
[Anonymous] asks...

I have lived in the United States for all but the first two years of my short life; I am now 23 years old. For the majority of that time, I have been here on student visas. I am currently on an A-2 visa (a nonimmigrant visa that allows foreign accredited officials and immediate family members, to enter into the U.S. to engage in official activities of their government.) as a dependent of my father. However, the visas expiration date is March 20, 2009, and unfortunately, renewing it right now is not an option. I want to file for a visa that would allow me to remain in the United States, the nation in which I am labeled an immigrant yet in which I grew up and have spent the great majority of my life, in hopes of receiving employment status so I can work, and be able to attend classes to pursue a higher education.

My ultimate goal is to come across a situation that would provide potential opportunity for citizenship so I can remain here in order to further my education and broaden the options in my future. Because I have such a limited time frame, switching to an F-1 visa (a nonimmigrant full-time student visa that allows foreigners to pursue an education) would not be an option. I've been advised to look into getting hired at an international organization where visas are processed quicker by the State Department. This is unlikely since most companies are only limited to providing a few number of visas to employees and they are usually reserved for applicants of higher positions for which I do not qualify, and many organizations currently have hiring freezes because of the economic crisis.

I've been in this country all my life, so this is all I know. I would like the opportunity to continue and progress a life for myself here.

I have gotten advice from some sources, but I have yet to find a solution that rectifies my situation. As much as I love and appreciation my country of birth and my heritage, the United States has always been home for me. Leaving here would mean leaving a great deal of myself, and much thats dear to me. I have many things I want to do with my life, and going back to Angola may mean having to drop them all. There are so many opportunities here in the states that I would hate to give up just to move to a country where I am essentially a foreigner. I am not asking for charity, but for assistance in coming up with all the legal options that may be available in allowing me to remain in the US.

With hope and Sincerity
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EB-5 qualified lawyers
5th Feb 2009 9:35am, Rated: unrated
kirtida8 asks...

Hi Andrew, I recently posted an article on the EB-5 visa, and it recommended investors use lawyers who were AILA EB-5 committee members or affiliated with a member. Is it possible for you to post the list of members so that anyone considering going down this route could ensure that their attorney was knowledgeable about this particular visa catergory, or at least working with one that was knowledgeable?
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CSPA Question, Pls Help.
30th Jan 2009 10:18am, Rated: unrated
crystal asks...

I just received this email from NVC. People with experience please what does it mean and please, when should I be expecting a notification of their action? Thanks

Dear Sir or Madam,

Your inquiry has been received at the National Visa Center (NVC).

This case is currently under review for applicability of the Child Status Protection Act (CSPA). You will be notified as soon as a decision is made. Please be advised that there is no timeframe for when this will happen. Please do not contact the U.S. Embassy or Consulate General, as they will have no further information.

Regards.
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U non immigrant Status
28th Jan 2009 6:40pm, Rated: unrated
linzizee asks...

We are in the US on E2 visa which is due for renewal this year and we recently found they is no way to a green card on this Visa.
In 2005 my husband suffered a broken jaw in 3 places by an american who was convicted with felony battery ,great bodily harm with permanant dissability. He still suffers pain and ringing in the ears. Only recently I found what seemed an oppurtunity to turn a bad event into good and that was the U Non immigrant status form I-918. This allows victims of felonious assault who suffered substantial physical or mental abuse to become tempory residents, who in approx 3 yrs can apply for green cards. My first question, is my understanding of the form correct? secondly, do i have to waiver my E2 visa when applying? Thirdly, My eldest son will turn 21 yrs old in 2yrs, do the E2 visa dependant rules apply to the U status? How long is the process for The U Status and the acceptance rate. Is they anything else i should be aware of ? I have contacted several Attorneys in orlando and kissimmee but no one specializes in the U status or hasnt heard of the form. Since i feel i am doing this alone i want to make sure all my angles are covered before i submit paperwork and outlay money. Thank you for your time and i appreciate your advice
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ILLGALLY DEPORTED
6th Jan 2009 2:56am, Rated: unrated
MGH asks...

Hi

Can someone tell me if I can file a federal lawsuit against the U.S government for illegally deporting me.
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Afidavit of support I-864 or adjustment of status? Which to choose?
6th Jan 2009 1:36am, Rated: unrated
[Anonymous] asks...

Master,
I speak to you in the hope that you will have answers to our questions, but before I do anything else you explain wholesale our situation.
My husband is American Citizen, he lived in France since 1977 and he wants back in the United States after a long absence to live permanently with me. We introduced the U.S. Embassy in Paris, a DCF on 10/10/2007, we have completed the required documents as the I-130 and other forms that we have met there and we provided the necessary papers. An immigration officer has received and said he accepted the request and that we would receive a letter from the Embassy. I received my letter by the Case Number 10/21/2007 with a list of missing documents such as photos, police certificate and affidavit of support I-864.
Out here we encounter a problem, my husband can not provide proof of employment in the United States since worked in France since 1977 and pays taxes in France. He receives a good salary in France, but it can not notify the affidavit of support, and we can not ask his parents and his brother as they died. He has no contact with his uncles, aunts and cousins since 1986 and does not know where they live. In addition he has no friends who would be likely to help us.
Not working I am in full its financial burden and, of course he does not want to start the first in the United States to find a job to complete the affidavit of support so that I can join. Since I do not have resources, it does not leave me with no money in France because I could not pay our rent and live decently and heard to join him.
Because it is impossible to give an affidavit of support, our immigration application for me will be rejected and we thought the file I-601 to financial difficulties, but apparently we can not do it because this is not our case. On this forum, I submitted a ticket and I explained the situation that we find and I replied that I could go to the USA with my husband on a tourist visa and then, my husband makes the request adjustment of status.
My question is: Can I really ask for an adjustment of status and especially what are the risks?
I would not be rejected at customs and the risk of not being able to return to the United States for several years.
What can we do? My husband thought ahead 3 weeks in June to find a job and ask the employer to give him a letter hiring certified with the amount of his annual salary then we would have attached to the affidavit of support I-864.
Do you think that hiring certified letter would be sufficient evidence for the USCIS to complete the immigration process for me?
In anticipation of your reply, I thank you in advance for your understanding.
Sincerely!
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Afidavit of support I-864 or adjustment of status? Which to choose?
6th Jan 2009 1:30am, Rated: unrated
[Anonymous] asks...

Master,
I speak to you in the hope that you will have answers to our questions, but before I do anything else you explain wholesale our situation.
My husband is American Citizen, he lived in France since 1977 and he wants back in the United States after a long absence to live permanently with me. We introduced the U.S. Embassy in Paris, a DCF on 10/10/2007, we have completed the required documents as the I-130 and other forms that we have met there and we provided the necessary papers. An immigration officer has received and said he accepted the request and that we would receive a letter from the Embassy. I received my letter by the Case Number 10/21/2007 with a list of missing documents such as photos, police certificate and affidavit of support I-864.
Out here we encounter a problem, my husband can not provide proof of employment in the United States since worked in France since 1977 and pays taxes in France. He receives a good salary in France, but it can not notify the affidavit of support, and we can not ask his parents and his brother as they died. He has no contact with his uncles, aunts and cousins since 1986 and does not know where they live. In addition he has no friends who would be likely to help us.
Not working I am in full its financial burden and, of course he does not want to start the first in the United States to find a job to complete the affidavit of support so that I can join. Since I do not have resources, it does not leave me with no money in France because I could not pay our rent and live decently and heard to join him.
Because it is impossible to give an affidavit of support, our immigration application for me will be rejected and we thought the file I-601 to financial difficulties, but apparently we can not do it because this is not our case. On this forum, I submitted a ticket and I explained the situation that we find and I replied that I could go to the USA with my husband on a tourist visa and then, my husband makes the request adjustment of status.
My question is: Can I really ask for an adjustment of status and especially what are the risks?
I would not be rejected at customs and the risk of not being able to return to the United States for several years.
What can we do? My husband thought ahead 3 weeks in June to find a job and ask the employer to give him a letter hiring certified with the amount of his annual salary then we would have attached to the affidavit of support I-864.
Do you think that hiring certified letter would be sufficient evidence for the USCIS to complete the immigration process for me?
In anticipation of your reply, I thank you in advance for your understanding.
Sincerely!
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We no longer know how to do this, can you advise us?
6th Jan 2009 1:27am, Rated: unrated
[Anonymous] asks...

Master,
I speak to you in the hope that you will have answers to our questions, but before I do anything else you explain wholesale our situation.
My husband is American Citizen, he lived in France since 1977 and he wants back in the United States after a long absence to live permanently with me. We introduced the U.S. Embassy in Paris, a DCF on 10/10/2007, we have completed the required documents as the I-130 and other forms that we have met there and we provided the necessary papers. An immigration officer has received and said he accepted the request and that we would receive a letter from the Embassy. I received my letter by the Case Number 10/21/2007 with a list of missing documents such as photos, police certificate and affidavit of support I-864.
Out here we encounter a problem, my husband can not provide proof of employment in the United States since worked in France since 1977 and pays taxes in France. He receives a good salary in France, but it can not notify the affidavit of support, and we can not ask his parents and his brother as they died. He has no contact with his uncles, aunts and cousins since 1986 and does not know where they live. In addition he has no friends who would be likely to help us.
Not working I am in full its financial burden and, of course he does not want to start the first in the United States to find a job to complete the affidavit of support so that I can join. Since I do not have resources, it does not leave me with no money in France because I could not pay our rent and live decently and heard to join him.
Because it is impossible to give an affidavit of support, our immigration application for me will be rejected and we thought the file I-601 to financial difficulties, but apparently we can not do it because this is not our case. On this forum, I submitted a ticket and I explained the situation that we find and I replied that I could go to the USA with my husband on a tourist visa and then, my husband makes the request adjustment of status.
My question is: Can I really ask for an adjustment of status and especially what are the risks?
I would not be rejected at customs and the risk of not being able to return to the United States for several years.
What can we do? My husband thought ahead 3 weeks in June to find a job and ask the employer to give him a letter hiring certified with the amount of his annual salary then we would have attached to the affidavit of support I-864.
Do you think that hiring certified letter would be sufficient evidence for the USCIS to complete the immigration process for me?
In anticipation of your reply, I thank you in advance for your understanding.
Sincerely!
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ILLGALLY DEPORTED
5th Jan 2009 9:50am, Rated: unrated
MGH asks...

Hi there,

If I can show I was illegally deported from the United States, please can someone tell me what Court would here my case. Many thanks

MGH
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What do I do
30th Dec 2008 8:22pm, Rated: unrated
hotpepper32 asks...

My question is, I have been married to the same man for seven years. We don't have children together but he is now processing his paper work. I'm a united states citizen and he is from Africa. I really don't love him anymore and I'm really wanting to love someone else. What if this person needs his paper work? Is this even possible to allow my husband now to get his, once he receive his divorce him and be with this man and maybe five years down the line marry him and help him? I know that this sounds crazy but yes this is my life. Please answer my question.
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I-539 denial on wrong grounds?
27th Dec 2008 8:02pm, Rated: unrated
GC245 asks...

Your imput and comments are requested. My spouse is a foreign medical student and requested an extension based on 9 FAM 41.1 N 10.4-1 Medical. This allows students to do their clerkship in the US(rotating in hospital without renumerartion). A cover leter was sent explaining the reason for the I-539; a letter from the medical school and the original I-94. The original I-94 was not returned, luckily we made copies.

Yet the USCIS denies the request based on the following.
1. Section 101(a)(15)(B).
2. 8 C.F.R & 103.2(b)(1) evidence and processing: the reason for your request; why your extended stay would be temporary,including what arrangements you have made to depart the US and any effect the extended stay would have on your foreign employment or residency. In this regard, the applicant has not provided a statement or other documentation showing temporary nature of the proposed stay. The records reveal that the applicant has a pending I-130.
3. The final issue to be discussed is the requirement that applicants have sufficient financial resources to support themselves for the proposed period of stay.

My issues with USCIS:
1. It seems the evidence sent to them after the on-line part of the I-539 was completed was not taken into consideration or they never got the evidence.
2. Its decision is based because there is an I-130 pending.(that was indicated when the I-539 was filled on-line).
3. Would someone be in medical school and not have money to support himself/herself?
4. If they got the initial evidence then they got rid of it or lost it.

And to add insult to injury USCIS indicates my spouse has 30 days to leave or be subject to removal proceedings without any recognition to the person's need to complete their clinical rotations.

What are our options? a motion to reopen or re-send the evidence again since they are famous for losing evidence? Is the visa now void?
I also have an N-400 pending awaiting interview letter and interview date. Is it better for her to complete her clinical rotations while my N-400 is in process? What are the chances USCIS will come after her after the 30 days as stated in the letter(a few days ago)?


Thanks.
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i 485 denied based on moral turupitude, motion to reopen?? need some serious help please.
9th Dec 2008 3:53pm, Rated: unrated
sagpat79 asks...

dear sir/mam,
my case was filed based on a marriage with a usc, it has been more than 3 years, recently my case was based on moral turpitude (i had 3 prior cases 10 years ago, all 3 were fights). my attorney says that it shouldn't be put under moral turpitude, but the uscis obviously feels otherwise and therefore denied my case. my attorney has filed for a motion to reopen, it has bee a little over 3 months, and my attorney says there is a backlog in the district office, and does not know how long will it take for the local district office to give an answer for my motion to reopen, i would like to know, how long does a adjudicate MTR take in an average time frame? and how worried should i be. my attorney did advise me, that they might deny my case and i might have to go infront of a judge! how does that work, and what precautions should i be taking, a second opinion please.
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I-130 Application.
9th Dec 2008 2:17pm, Rated: unrated
maddy asks...

After becoming a recent US Citizen , On August 17th I filed an I-130 for my 33yr old daughter who lives in the UK. I have received a receipt number back from the USCIS but they are requesting extra information that I am unable to provide. The background is as follows:

January 23rd 1971 I married Mr A

February 1st 1975 I gave birth to the daughter in question

March 7th 1978 and July 12th 1978 I was awarded custody of my daughter

August 24th 1978 my divorce to Mr A became absolute

August 27th 1982 I married Mr B

December 1st 1983 Mr B and myself legally adopted my daughter.

January 11th 1984 my daughter's surname was legally changed to my new married name

January 12th 2001 my daughter gave birth to her own daughter

July 28th 2008 I became an American Citizen

August 17th 2008 I filed a joint petition I-130 for my daughter and grandaughter

The USCIS are requesting written proof that I have had 2 years legal custody of my daughter (she is now 33yrs old) and that she and I have resided under the same roof for 2 yrs prior to the date of filing (but she isn't legally allowed to live here in the US, where I have been since 2003! I must provide health or school records with proof of our same address.
In desperation I made an appointment today with Immigration at their new Orlando base but came out feeling quite depressed. The officer could hardly speak English and kept calling my daughter "he". The guy told me that I had to submit what was being asked for.
I'm now wondering if all this is worth it (well I know it is really) but I need advice please on how to get round their requests. Medical and school records are long gone and I have to submit all paperwork by Jan 17th or they will close my case.
Any help would be greatly appreciated.
Thanks,
Maddy
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Am I eligible to apply for AOS under Section 203(h)(3) of the CSPA?
1st Dec 2008 4:23am, Rated: unrated
[Anonymous] asks...

Here is a summary of my case:

1980 DEC 18 - Date of birth
1995 SEP 25 - Mother (Primary beneficiary) petitioned (I-130) by her US citizen brother
1995 OCT 5 - Petition approved
2001 DEC 18 - Turned 21 yrs of age
Date visa number became current and available: I don't know how to check that.

2008 JUN 12 - Mom, Dad and younger sister (age 5) were interviewed.
2008 SEP 18 - Mom and sister were issued immigrant visa. Dad's case is still pending administrative processing.
2008 OCT 26 - Mom and sister migrated to US.

Question 1:
I arrived in the US on a visit visa in October 2008 and only have a six month entry. I would really like to know if I will be able to adjust my status, i.e. go for "Automatic conversion and retention of Mother's original Priority Date". If not, what are my other options for staying legally in the U.S.?

Question 2:
My other sister has the same case summary as mine her date of birth is
1984 APR 27
She is currently studying in London on a student visa. Is she eligible for automatic conversion? If so, how will her case be processed without her physical presence in the U.S.

I will be grateful for any assistance and answers I can receive on this.

Thanks,
Hina
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Am I eligible to apply for AOS under Section 203(h)(3) of the CSPA?
1st Dec 2008 4:22am, Rated: unrated
[Anonymous] asks...

Here is a summary of my case:

1980 DEC 18 - Date of birth
1995 SEP 25 - Mother (Primary beneficiary) petitioned (I-130) by her US citizen brother
1995 OCT 5 - Petition approved
2001 DEC 18 - Turned 21 yrs of age
Date visa number became current and available: I don't know how to check that.

2008 JUN 12 - Mom, Dad and younger sister (age 5) were interviewed.
2008 SEP 18 - Mom and sister were issued immigrant visa. Dad's case is still pending administrative processing.
2008 OCT 26 - Mom and sister migrated to US.

Question 1:
I arrived in the US on a visit visa in October 2008 and only have a six month entry. I would really like to know if I will be able to adjust my status, i.e. go for "Automatic conversion and retention of Mother's original Priority Date". If not, what are my other options for staying legally in the U.S.?

Question 2:
My other sister has the same case summary as mine her date of birth is
1984 APR 27
She is currently studying in London on a student visa. Is she eligible for automatic conversion? If so, how will her case be processed without her physical presence in the U.S.

I will be grateful for any assistance and answers I can receive on this.

Thanks,
Hina
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Converting H4 to F1 and age-out query
15th Oct 2008 2:31pm, Rated: unrated
SVRao19056 asks...

Questions regarding I-539 application for converting H4 to F1 (age-out)

Based on the below BACKGOUND INFO. what should my response be for the below queries .
I-539 form , In Part 4 Item 3 , what should be my response to below queries.

a.Are you, or any other person included on the application, an applicant for an immigrant visa? Yes / No

b.Has an immigrant petition ever been filed for you or for any other person included in this application? Yes / No

Some attorneys say that b should be Yes , others say it should be no with additional info stating that I-140 is approved but the priority date ( 3/2007 ) means it will take years to become current. There is a risk that the GC application shows immigrant intent (Is this true?). However my daughter really does not have any other options.

BACKGOUND INFO.
My daughter is born in Nov/1987.
She will be turning 21 years in Nov 2008.
She came to the USA on a H4 on my (Her father) H1B.
She arrived in the USA on Sep 2000 .
She is currently in the final year of completing her undergraduate program as a full time student.
She is planning to join a PHD program after completion.

I (H1B holder) arrived in the USA in Sep 1999.
Neither she or myself has left USA since their arrival.


My H1B sponsor has started my GC process under EB3 quota.
My Priority Date is March 24 2007.
I have recieved the I-140 approval ( applied on 9/26/2007 recieved approval notice on May 21 2008)
I have been applying for yearly extensions (I-539)for last 3 years for my H1B and H4 (spouse and children)

Current extension expired on 9/14/2008.
I have submitted my latest extension H1B along with H4 extension(I-539 for spouse and children)
and recieved a reciept notice.

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DUI- Minor without drivers license
11th Sep 2008 2:27pm, Rated: unrated
[Anonymous] asks...

One of my friend was arrested on DUI/Minor and NO Drivers License at Plano, Texas on 09-10-2008. He paid the bail amount an is now out of custody. He have his court date 0n 09-18-2008. Previously he dont have any criminal records.

He is a non US citizen and is on a F1 student visa. He has taken a semester off and need to leave the country before 09-25-2008 to maintain his student visa status.He have an airline ticket to go back to his country on 09-22-2008. His birth date is 11-29-1990.

He is not issued a driving permit nor a drivers license.

Will the court allow him to go to his country on that day and will he be allowed come back to the United states?
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Mandamus to apply FCR when adjudicating E2?
19th Aug 2008 11:57am, Rated: unrated
InnVic asks...

This has constantly bugged me and I was curious if such a thing would be possible to compel the Embassy to apply THE LAW as opposed to guidelines.

Many people on this forum fall foul of the interpretation of marginal. The Federal code reads:
(10) Marginal enterprise. A marginal enterprise is an enterprise that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. An enterprise that does not have the capacity to generate such income but that has a present or future capacity to make a significant economic contribution is not a marginal enterprise. The projected future capacity should generally be realizable within five years from the date the alien commences normal business activity of the enterprise.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=22: 1.0.1.5.27&idno=22#22:1.0.1.5.27.6.1.1

I believe that pretty much all of us make substantially more than a "minimal" living. I believe the State department will intervene in cases where the law is not applied correctly. I believe we have a Class action case here and I'm sure that almost everyone who has fallen foul of London would rather contribute to have this wrong righted than be denied because of a biased interpretation.
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how visa number is calculated for "Following to join" benificiary
31st Jul 2008 8:23am, Rated: unrated
[Anonymous] asks...

I am following to join beneficiary's of my parents EB3 petition, they had filed I 824 with their I 485 within one year of I 140 approval, My case is hinges on CSPA complexity, They became PR in Sept-2007 yet we havent heard anything about my I 824..so which PD will be considered whenever my I 824 is approved and moved to NVC?? will it be my parents PD or mine? and how do NVC calculate visa number availability in this case, as of today visa number is not available for EB-3 india.
I am very much confused as I have applied for H1B and got my Approval, still stamping is remain, If I will get H1B then what happens to this petition? will it be continue ?I am pasting my details below, please go through it and you may suggest properly..

My Parents Petition details
1 Labor Certification (Form ETA-750) Labor Law
2 Concurrently filed I 140 and I 485
3 I 140 Section 203 (b)(3)(A) (i)or(ii), (Approval notice details)
Rcvd dt:Jan 16 2004,Priority dt:Feb 3 2003,Notice dt:June 5 2005
4 I 485 (Approval notice details)
Rcvd dt:Jan 16 2004,Priority dt:Jan 16 2004,Notice dt:Sept 11 2007
5 I 824 For derivative unmarried child,date of birth 28 dec 1983
Rcvd dt:Jan 15 2004,Notice dt:Jan 16 2004
6 GOT GC in september 2007,


Thanks

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B-1 VISA
15th Jul 2008 5:42pm, Rated: unrated
brian1556 asks...

Can a expired b-1 visa be renewed or changed to a H-1? If so what is the process?


Thanks
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Permanent resident & Work Authorisation?
7th Jul 2008 4:51pm, Rated: unrated
Romulinx2 asks...

I came To the USA in January. I came over with the K1 visa. I married my now wife a couple of weeks after coming over.
I filed for the I485 and the I765.
All the forms were completed and sent, and we have confirmation of receipt.

The completion of the process is over 2 weeks overdue the time allowed, according to staff at USCIS.
USCIS said they were sorry and now are investigating.

Phoned again today and the USCIS said that someone would look into it at 7-31-08 at the earliest?
I need to work to pay bills!
How can I accelerate the process?
We will be writing to the senator.
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Mr
11th Jun 2008 3:40pm, Rated: unrated
jsr_2003 asks...

I recently applied for B1/B2 visa along my family for USA for just one week to have surgery of my eyes.This surgery can be cured by only two Doctors in world and both are in USA.So,I gathered all the relevant evidences for the treatment,proof of my two present parmannet jobs,proof of my wife's job,letter form my son's school that he is a student there,bank statements,appointment letter from the Doctor,utility bills,tenancy agreement for the property where I have been staying for last 20 months and all other supporting documents.I had a criminal conviction in past but Consular Officer during interview confirmed that my conviction is not a serious matter to deny visa.But in stead of approval they denied my application saying that You dont have strong ties in UK.I have been in UK for last 3 years and just been outside UK once in these 3 years.Also I am in parmanent jobs for last 1 year.I couldn't understand where I was wrong? Now I am thinking of reapplying but need your advice before that.Please advise me what shall I do because my eyes are getting worse day by day and need immediated surgery.Thanks
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MR
10th Jun 2008 2:31pm, Rated: unrated
jsr_2003 asks...

I recently applied for B1/B2 visa along my family for USA for just one week to have surgery of my eyes.This surgery can be cured by only two Doctors in world and both are in USA.So,I gathered all the relevant evidences for the treatment,proof of my two present parmannet jobs,proof of my wife's job,letter form my son's school that he is a student there,bank statements,appointment letter from the Doctor,utility bills,tenancy agreement for the property where I have been staying for last 20 months and all other supporting documents.I had a criminal conviction in past but Consular Officer during interview confirmed that my conviction is not a serious matter to deny visa.But in stead of approval they denied my application saying that You dont have strong ties in UK.I have been in UK for last 3 years and just been outside UK once in these 3 years.Also I am in parmanent jobs for last 1 year.I couldn't understand where I was wrong? Now I am thinking of reapplying but need your advice before that.Please advise me what shall I do because my eyes are getting worse day by day and need immediated surgery.Thanks
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Family greencard
10th Jun 2008 10:54am, Rated: unrated
[Anonymous] asks...

My husband sponsed his brother and his family for greencard, now his brother passed away what will happen to his brothers family, are they still eligible to receive green card in future.

Thanks
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Visitor Visa Question / Wedding invitation to family members
21st Apr 2008 5:05pm, Rated: unrated
gmpatel asks...

Hi,

I am a Green Card holder and I have been living here for 11 years. I just never came around to apply for citizenship. My parents are citizen and they have filed for Green Card for my sister and her family who is in India 6 years ago and her paperwork is in progress. It might take her 2 or more years to come here.

My question is I am planning to get married in states next year (2009) in July. I wanted her to apply for a visitor visa for her and her family so she can attend the wedding.

I like to know if this affects her filing process of greencard?
What is the best approach to take when applying for a visitor visa?
Do they apply for visitor visa or is there a specific visa for wedding in family?
Can my Causins sponsor or my parents/I have to sponsor? My causin has a stronger financial standing.
I read somewhere that if someone has filed for a greencard it makes it tougher for them to get visitor visa. Is this correct?
Also, How long in advance can you apply for a visitor visa?

Can you please tell me the best approach to take on this matter?

Thank you for your time!

Kindest Regards,

Gopal!
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Based on the CSPA
18th Apr 2008 8:06am, Rated: unrated
rockyhere asks...

Hi,

Based on the CSPA quote below:

Quote from Section 3 of CSPA law:
Retention of Priority Date If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d), the aliens petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.

My question is, in an F4 category case, how does USICS apply or interpret the automatic conversion aspect? Does that mean that the beneficiary will not need to file a new 1-130 for the derivitive who has aged out? can the derivitive adjust status at the same time as the beneficiary based on this automatic conversion clause?

My parents have filled I-824(adjust status) and which is now approved. But the priority date ( as of my parents PD) still not listed in my notification latter. so what i have to do next for that.

Thanks!
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E2 Visa and I94
8th Apr 2008 5:07pm, Rated: unrated
[Anonymous] asks...

I moved to the USA on E2 Visas with my family in 1994. We applied to renew the visa in 1996, received a new I94 but never had the visa stamped in the passport due to travel and money restrictions. We returned from the US in 2005 and handed in the I94. I now want to visit some friends in the US. Will our I94 be registered as being an overstay, do you know if we will definitely be barred from returning. Are all passports scanned and recorded on leaving the country. I have return flights booked for 2 weeks in the summer, but am wondering if I should take my chances or cancel them! Grateful for any advice.
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Working on E2
7th Apr 2008 6:12pm, Rated: unrated
[Anonymous] asks...

Can you work another job whilst on an E2...(extra money needed) or do you have to just stick at the business you came over on. Just wondering if I could also do maybe some bar work to help with the bills..Thanks
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Renewal of British passport in US.
19th Mar 2008 1:36pm, Rated: unrated
NembhardK asks...

I am a British citizen who has been living in the US for the last ten years. It is time to renew my passport. How do I go about that?
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Sponsoring a family member
4th Mar 2008 3:57pm, Rated: unrated
[Anonymous] asks...

I'm currently a permanet resident, and wish to sponsor my ailing father to come and live in the US with me. It seems that I can't do this unless I am a US citizen, is that correct?

Once I become a US Citizen, is it easy for me to sponsor my father to come and live with me?

Thanks.
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Dual nationality
4th Mar 2008 3:54pm, Rated: unrated
AngelaBanana asks...

I have been a permanent resident in the US for 7 years now, and would like to become a US Citizen. I have done so much research and am ready to apply, BUT I have read several stories from people that say that I will have to give up my British Citizenship when I become a US Citizen. Is this true??

From what I understand, the US doesn't recognize dual citizenship but the UK does....I'm confused - I don't want to lose my UK Citizenship.
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Automatic conversion clause of CSPA
25th Feb 2008 5:56pm, Rated: 5/5
[Anonymous] asks...

Hi,

Based on the CSPA quote below:

Quote from Section 3 of CSPA law:
Retention of Priority Date If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d), the aliens petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.

My question is, in an F4 category case, how does USICS apply or interpret the automatic conversion aspect? Does that mean that the beneficiary will not need to file a new 1-130 for the derivitive who has aged out? can the derivitive adjust status at the same time as the beneficiary based on this automatic conversion clause?

Thanks!
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Leaving the country after my visa expired
22nd Feb 2008 10:39am, Rated: unrated
[Anonymous] asks...

A year ago i arrived to US as a tourist (b1, b2 visa). I met an american guy and we got married 6 month ago. we didnt file any documents because a lack of money.
since this marridge failed, I want to go back home. can I leave the states with no problems? can i order a flying ticket counting on its date?
Thank you very much
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H1-B Visa, how long?
17th Feb 2008 3:03pm, Rated: unrated
Juliefootiechick asks...

I am hoping to emigrate by obtaining a job offer from a U.S hospital(I'm a nurse) and hopefully in turn be sponsored by them for a PRC. Is it true that the visa only covers you for up to six years working in the U.S and that I would have to continue over the years to reapply for a visa in order to stay.
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What qualifies as 'doing business' for visa purposes?
17th Feb 2008 8:20am, Rated: unrated
OberonSH asks...

With a view to applying for an EB1 visa, can you give any advice on the definition of 'doing business'? Would the US business supplying the UK business with goods be enough to qualify, or does it need to be offering goods to the general public?
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Changing from E2 to E2 dependant
14th Feb 2008 9:27am, Rated: unrated
JulieC asks...

If one is 50% owner of the holding corporation which is an LLC and hence full E2 visa holder, how would you change to being E2 dependant so as to be able to get EAD and would this change involve a visit to the embassy??
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Fiancee visa
13th Feb 2008 4:55pm, Rated: unrated
barbados asks...

I am currently on a 90 day visa waver in the USA, which is due to run out this March 2008. I have met a wonderful guy (US Citerzan)and he wants to apply for a fiancee visa for me. Please can you advise me on what is the best way to do this? Can he apply via the local Embassy in the USA? What is the time frame? Do I have to return to the UK and wait? Can I wait in the USA? Is there another Embassy I can go through rather than London? (I am dual Barbados and UK National)

Thank you for your time.

Barbados.
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Stuck and scared
6th Feb 2008 5:47pm, Rated: unrated
NuMomme asks...

I married almost 2 1/2 yrs ago (dec 05)...about 7 months into marriage I met someone else...(around june 06) my husband and I had an interview in dec of 06..i got pregnant by the other person (the baby looks identical to him) and Ive been wanting to divorce for a long time...i need help...i know that probably already hurt my husband but just want to move on with my life with my child and his father. what are my options.
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My lifetime search for a hiding mom
11th Jan 2008 9:32pm, Rated: unrated
[Anonymous] asks...

Dear Sir.

I was left by my mom to a couple here in the Philippines when I was months old.
She went to New Hampshire, USA. I grew up not knowing that I was just an adopted child. When my parents died, their relatives told me the truth. That was when i started to look for her way back early 1990's. At last i found her address and telephone number. The first time i called, which i think, she was caught unprepared, she answered the phone and talked to me briefly. I asked her to write me and she did. But when i wrote her back with a picture in my mail, she didn't write back anymore. I remember she told me on the phone in our first and last conversation that she was afraid that her husband and children will know about me. She asked me to call her aunt instead of mom so her family won't know.Our relatives say, i look exactly like her.

I have written many letters and have called her up on the phone countless times until now but to no hope she'd answer. I checked it up in Inernet and found out that her family still lives in that address. And their phone number is still the same. I'm sure she avoids all my calls and trashed my letters.

Sir, my mom doesn't only deprive me of a mother but of knowing my siblings too.
It has been 45 years and i haven't seen her even in a picture for a reason that i do not know. I feel so miserable about it.

If she doesn't like me to see her, at least i'll have the chance to meet my siblings. What shall I do?

My mom is Corazon Grondin
She lives at 116 Ledgewood Drive
Apartment#2
Portsmouth, New Hampshire
Tel.No. 0016034313286

Thank you for reading my letter and God Bless you.

Sincerely yours,

eilash

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I GOT MY EAD SINCE 2003
8th Jan 2008 10:31am, Rated: unrated
[Anonymous] asks...

WHAT AM GOING TO DO NOW, AM HERE FOR V2 VISA WHAT AM GOING TO APPLY PERMANENT RESIDENT OR GREEN CARD, AM IN FIRST CATEGORY AND IT SAY CURRENT
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can one file lawsuit
2nd Jan 2008 5:59pm, Rated: unrated
[Anonymous] asks...

can someone file lawsuit asking to toll the unlawful stay if 140 appeal is pending and applicant's 485 has been denied.

applicant A is on EAD and 140 gets denied. Can one ask court for some legal status pending appeal.

thanks
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advance parole travel visa question
29th Dec 2007 11:32am, Rated: unrated
tysbev4ever asks...

I am from the Uk and living in Texas as i am married to an american citizen. I entered the USA via a 1-94w to visit my then boyfriend but we married during my visit and i am now in the immigration process of getting residency and my case is pending. I applied for the travel visa so i could go back to the Uk to take care of some matters and to see my dad who has cancer, the visa was approved. My question is that i have now over stayed by 180 days and have been told by a friend that if i leave the USA even with the travel visa that i will not be allowed back into the USA on my return. Is this true and if so is there anything i can do as my dad is now very ill and i am desperate to see him before it tis too late. I know i can travel freely once i get my green card but i dont have too much time. Please help xx
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I-130 of PR holder for spouse
27th Dec 2007 12:59pm, Rated: unrated
devangpatel asks...

I m devang patel. I need yr help. I m living in India and my wife is in USA. she is Permanat residence card holder not citizen of usa. we got married on 28th december, 2006. she went back to usa after our marriage and file I-130 petition for me. She came to india again for her brother's marriage. When she went back she came to know that she is pregnant. I tried for non immigrant visa just to be with her and to support her during her pregnancy but consulate person refused me to issue visa because we applied for immigrant visa. I will become daddy in May - 2008. But i m little bit depressed because i am worried about my wife and my baby. i want to be with her at the time of her delivery. I have heard about spousal reunification act and family reunification act introduced by congress man frank pallone but it is not yet approved. i dont know that what to do at this time? My wife was also little bit upset when she heard about my refusal for non immigrant visa. Please guide me
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Help Please! I131 issue
19th Dec 2007 8:45pm, Rated: unrated
Nhyder asks...

Dear Sir,

My husband entered the US in Feb 2007 through New York on a b2 visa. He got his I94 with entry until Aug 8th, 2007. We got married in June ( I am a US citizen) and filed all proper paper work by End of July (I131, I485, I765..) We recieved reciept of confirmation Aug 3rd. We had our finger printing done October 27th. Yesterday (Dec 18th) immigration took him and put him in detention without a bond. Reason being he overstayed his I94 as i have collected the papers from the lawyer this morning. There is nothing illegal or out of order on my Husbands records. THey are still holding him w/out a bond under he appears in front of the judge on Dec 26th as its Christmas time. Our lawyer has filed a motion of bond this morning but w/out a date sooner that Dec 26th. I am completely flustered and not sure what I should do.

Please advise.
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Green Card
15th Nov 2007 4:57am, Rated: unrated
cheekybird asks...

I have had a Green Card since 1954 - living in America since that time until approximately 12 years ago when I had to return to the UK to take care of my mother who was ill which I continued to do until she died. In the meantime I met my husband who is a UK resident. I would very much like to return to the US (along with my husband) and would like to know how this can be achieved. Is it possible to reinstate my Green Card status?
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Appeal Process for E2 denial?
11th Nov 2007 6:22am, Rated: unrated
maddy asks...

Good Day,
Please see the copy and pasted email that was sent to our Visa Attorney last week denying my daughter an E2 visa. The whole process has taken 21 months for them to conclude this. There are discrepencies in their claim and I have now found the other pieces of evidence they claim to never have had (though they had never requested them either). My question is: can we get the Embassy to open my daughter's case to look at the additional papers and if so how do we go about it? My Visa Attorney has responded to my distraught email only to say that there's really no appeal. My husband and I have green cards and my husband and daughter went into partnership together.

Dear Ms. Khan,

Samantha Byron-Smith submitted an E-2 application to the U.S. Embassy London on 2 February 2006. On 21 June 2006 we sent a request for further documents to which you replied on 14 Aug 2006. We interviewed Ms. Byron-Smith on 5 April 2007 but still found the information presented insufficient to establish her qualification for an E-2 visa. Consequently, we asked for the bank statements on a joint account from July 2005 to November 2005 and the 2006 tax returns and any associated W-2s or 1099s. We received a reply in September 2007 and have reviewed them. Unfortunately, they fail to show that Ms. Byron-Smith has any funds at risk in the business. Consequently, we have refused her visa 214B and closed this case.

The key point of issue has always been whether the applicant is an investor who has her own funds at risk in the business. She claimed that her parents gave her $125,000 as an early inheritance in July 2005. We have never seen any evidence of the movement of these funds from her parents to her. Nor have we ever seen any US or UK tax forms documenting the gift. At the interview she said they were deposited into a joint account she held with her parents, but the requested bank statements do no confirm this. That account, contrary to the claim, was not opened until 19 October 2007 when $300,000 was deposited into it (no source of this deposit has ever been shown). Although the applicants name appears on the account, she has apparently never written a check on it or made a deposit into it. These were the funds used to buy both travel businesses. Since, despite repeated requests, Ms. Byron-Smith has not shown that she ever had control and possession of any of these funds, she has assumed no risk and does not qualify as a treaty investor (see 9 FAM 41.51 N8.1-1).

Sincerely,

***********
Treaty Visa Officer
US Embassy, London

Thank you, in anticipation.
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EB5 route
7th Nov 2007 10:39am, Rated: unrated
haggis007 asks...

We currently live in the USA under an E2 visa which we have had for 12 years.My son James applied for and got his own E2 for 5 years just recently and we are looking to go the EB5 route as we have the $500,000.00 required but not the $1,000,000.00 for the Green card .Is this possible whithout leaving the country , our current visa expires in May next year.
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Immigration situation with respect to my British born, adopted daughter (aged 15)
31st Oct 2007 9:59pm, Rated: unrated
BritB4 asks...

I am a British born Naturalized US Citizen. In 1993, I took custody of my 18 month old grand-daughter when her mother abandoned her and Social Services were involved. I obtained a Parental Responsibility Order and a Residence Order, which ordered she live with me until she reached 18 years of age
In December 1999, I married a US Citizen and came to live in America. (I am now divorced due to his adultery). We applied for permission for Permanent Residency for my child and me. It was then we were told that my court orders were not recognized in the US and immigration law does not allow for sponsorship of a grand-child. I sought advice from every place I could and even went to the American Embassy in London who advised me to apply for Humanitarian Parole for her. I applied but it was denied.
The dont quote me on this, advice I was given by the immigration people and someone I spoke to at the State Department in Washington, was to bring her into the country on a Visa Waiver from England, adopt her when she was here and then apply for her citizenship. I have spoken to so many people at the Immigration Service and just been told to keep my nose clean and not draw attention to myself etc. I have done all they told me to unofficially do but have achieved nothing in my endeavors over the last 7 years.
I applied for my own citizenship and believed that as a minor, my daughter would also become a citizen with me. When I contacted the USCIS helpline following my citizenship ceremony earlier this year I was told I had to apply for Permanent Residency for my daughter with an Adjustment of Status package of 6 forms.
When I downloaded the forms I found that I have to file an Affidavit of Support. When I read the information it stated the person filing the application must earn 125% of the poverty level. I found the guide on the website and saw that my income is less than the poverty level stated for 2 people. (Copy attached) I am devastated to find that I cannot sponsor a child I have been raising for nearly 14 years!
When I contacted the USCIS I was told that I cannot sponsor her until 2 years after the adoption. This is not the information I read on their website. I am so sick of being given contradictory information and have no idea how to get help. I was told that she will automatically receive citizenship when she is receives permanent residency.
I don't know how to get the correct information so I can proceed. My child will be 16 in January and needs a social security number so I can get health care for her and claim her as my dependant.
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L1 Visa - Specialised Knowledge
30th Oct 2007 11:51am, Rated: unrated
ianm asks...

I understands that I can apply for this after having 1 years service with the sponsoring company/group. To qualify for this 1 year (or more period), is it necessary for me to receive a salary/wages from the company as an employee. Or can I hold a self employed contract with them which ultimately may yield little or no earnings (more like a consultancy role)?

Thanks, Ian M
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I-485
17th Oct 2007 6:27pm, Rated: 5/5
[Anonymous] asks...

My I-485 was filed on June 12th 2007 ( before the problems started ) my priority date is November 22nd 2006. can you give me some idea when we might hear something about the results, we have had the biometrics and we have a EB1 I-140 approval.
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I140 appeal related/I485
17th Oct 2007 1:10pm, Rated: 5/5
[Anonymous] asks...

HI Sir,

I have few questions

1.If someones I140 get Denial and they appeal ,Does USCIS consider that Appealed Case as normal(if still pending) and issue Ead/ap.
or is there any rule how case proceed.

2.What if someone get Fingerprinting notice after I140 had been appealed(AAO)/case pending.
3.what next to expect ?

I am confused. your help will be appreciated a lot.
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