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Recent I 485 questions

I am doing a VA loan borrower who has an expired visa issued

I am doing a VA loan for a borrower who has an expired visa issued 2002 expired 2007; California ID card issued 2011 and expires 9/2016, SS card for work purpose issued 2007 and a dismiss to deport signed by an immigration judge in 2012. She is from Pakistan, married to a US citizen (Veteran). She has told me there is no more documentation needed and as long as she commits no crimes, she will automatically become a US citizen in 2020. My question, does she need to file any new documentation.

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

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Traveled here with K1 fiancé visa. Got married. Wife

traveled here with K1 fiancé visa. Got married. Wife returned home because of an emergency (grandmother died) prior to receiving travel documents. Our attorney is now saying she cannot return. If that true? If not, what are our options? What can we do?

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Expert James

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Juris Doctor (JD)/Law Degree

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I am writing to request your legal opinion based a unique

HiI am writing to request your legal opinion based a unique situation that I find myself regarding COS and AOS. I will describe the scenario briefly below and hope that you can provide some answers to my questions.ScenarioI entered the US on a J-1 visa to do a 2-year fellowship in 2014. My wife also accompanied me on a J-2 visa during the fellowship. My application to waive the 2-year residence requirement was approved by USCIS before the end of the fellowship. During the fellowship, I also applied for the Form I-140 immigrant petition under the NIW category which was approved. I subsequently applied for an adjustment for status (Form I-485) before the expiration of the J-1 visa on June 30th. I also applied for travel document and EAD for my wife and me at the same time. Our priority date for AOS is current and we have done our finger printing as well.While the application is still pending, I requested for an expedited travel document to enable me embark on a very important trip abroad, however the expedite request was denied. I left the country on July 2nd any way because the trip was really important to me but my wife stayed behind even though we are within the one month grace period of our J-1 visa. My wife‘s EAD and travel document was recently approved but mine is still pending.On the other hand, I got a full time position with a U.S. government agency and they decided to file an expedited H-1B for me while I am currently abroad. The H-1B application was approved and I am in the process of applying for the H-1B visa at the US Embassy abroad now. Earliest time I return back to the U.S. is September. Given this scenario, here are my questions:1. If I return back to the U.S. with my H-1B visa is my AOS application still valid?2. If not, does my wife have to leave the country to apply for an H-4 visa abroad or can she apply within the country using Form I-539 or can I just re-apply for another Form I-485 and include her as my dependent immediately I get back? Mind you, she is currently within the grace period of her J-2 visa but would have overstayed the visa by 60 days by the time I get back to the U.S. in early September.3. If yes, can my wife still apply for H-4 visa anyway (whether within or outside the country) since it is very likely the green card will be approved? She has an approved travel document and EAD already but she doesn't plan to work with it.JA: What is your official status? Do you have any pending applications or petitions with USCIS?Customer: I have a pending I-485 application.JA: Have you talked to a lawyer yet?Customer: Not yetJA: Anything else you think the lawyer should know?Customer: that is all

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

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I have a question: If an undocumented adult in the United

HiJA: Hello. How can we be of help?Customer: I have a question: If an undocumented adult in the United States (who is going through the process of marriage, applying for residency, etc) wants to bring her minor child to the United States, what is the best way to achieve that and what is needed to be done for the other parent who currently has the child? Do they need to sign a form or just not contest?JA: Have you talked to a lawyer yet?Customer: About the marriage and green card process for the adult, yes. But we haven't approached the subject of the child yet.JA: What is your official status? Do you have any pending applications or petitions with USCIS?Customer: I was born in the United States and have lived here my whole life. There are no applications pending yet. This question is about my girlfriend.JA: Anything else you think the lawyer should know?Customer: No.

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

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My son is turning 21 on November 1st 2017. He was brought

Hello,My son is turning 21 on November 1st 2017. He was brought here in 2006 on H4B visa. We are still on H1B and waiting to file I485. My priority date is EB2 India , 11th March 2011.When I first applied my I140, I got it approved in 2 months. I then changed company and again got processed labor and I140. This time I waited 5.5 years for I140 approval.I must file I485 to keep my son's H4 status intact. But, the current movement in EB2 dates giving me no hope that my priority date become current by that time. My son is going into his 3rd year computer engineering degree this year.He is attending California state university at Fullerton, CA. I'm afraid that he is going to age out.Here are my questions:1) If my priority date is not going to be current and I fail to file I485 by next October, what options my son have?2) Will CSPA helps him to protect his status?3) If I have to move him to F1 visa, when should I apply for F1 visa?4) Is there a chance that his F1 gets rejected as he is considered as “immigrant intent”?5) The college tuition is almost become double if he is on F1 visa. Can he work and accept remuneration on his F1 visa off the campus? Will it be considered towards his OPT?Thank you for your guidance and suggestionsSiva

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

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I am filing card application this week. I am in US based on

Hey Phillips,I am filing for a green card application this week. I am in US based on E3 Visa, and got married to a US citizen in May.. I have all the paperwork filled and require someone qualified to proof reed and confirm that I am on the right track.I dont need help with making sure that the forms are filled correctly etc. I just need a validation that the forms I have selected and the way I am approaching is correct.Would you be interested in providing such consultancy? Thanks

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

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I have been a us citizen past 10 years. I would like to

I have been a us citizen for the past 10 years. I would like to petition permanent residence for my 81 year old mother. Recently entered the us. When can I apply.

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

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5,870 satisfied customers
Want to know how to file so that my wife does not have to

want to know how to file so that my wife does not have to leave the country if we file for her to become a permanent resident

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

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5,870 satisfied customers
A client sent me the following info. I want to tell m that s

For Guillermo:A client sent me the following info. I want to tell him that his brother is ok as long as they have an I-485 pending. Is that correct? The brother may be a minor if that matters.My brother entered the US on 03/15 this year on a valid B1/B2 visa.My parents, who are green card holders applied for his permanent residency using I-130 on around 05/20. My parents are in the US.His processing time to get approval for a green card is around 11 months.His I-94 says he can stay here until 09/14. So I want to extend his stay till the immigrant visa is issued for him and then he can change his status.Do you think his extension to stay will be denied? Can I make a case for him that he never arrived with the intention to immigrate, but changed his mind after 2 months?I have an application received notice for his petition.I have to apply for his extension before the end of this month. Please let me know what my options are.

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

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46,272 satisfied customers
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