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Recent Non Immigrant questions

I am a legal immigrant with H1B visa. I would like to adopt

i am a legal immigrant with H1B visa. I would like to adopt a child from a foreign country (India) need some insight about the possibility

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

16,388 satisfied customers
TO ANSWER My husband has a pending I-130. I filed K-3

JENNIFER TO ANSWERMy husband has a pending I-130. I filed K-3 because our case is unusual. We are not this usual young couple. So we would like to be together. I am a US Citizen and he is not from my native land. However, we got married in my native land. Neither myself nor my husband live there. Will he have to go to my native land to get the non immigrant visa in the event they grant it, before I-130.

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I want to ask in behalf of my friend. She went to US year

Hi. I want to ask in behalf of my friend. She went to US year 2005 to take an exam and overstayed for 3 years because her travel agency suddenly revoked her plane ticket going back to the Philippines that is why she left nothing to do but find work for her to save enough money to go home. And now, She is planning to go to the US again to try again her luck to take her exam. She was given just one chance and she has to do it before February 2018. But she is anxious if she will be able to get a new non immigrant B1/B2 visa because of her previous record of overstaying. We have searched for answers online and we learned that she needs to apply for 212 d waiver. My question is, can She apply for the waiver in advance before she take the visa interview? Because she is worried she might not have enough time to get ready before her eligibility for exam expires. Please advice.JA: Was there any delay in applying for an extension due to extraordinary circumstances that were out of your control?Customer: she did not apply anything yet she went back home after 3 yearsJA: Has anything been filed or reported?Customer: nothing was filedJA: Anything else you want the lawyer to know before I connect you?Customer: she just want to know if she can apply for the waiver in advance before she makes an appointment for visa interview so there will be a better chance for her once she applies? and how long does it take for them to decide for the waiver?

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

16,388 satisfied customers
I recently applied for a tourism visa. My intentions of

I recently applied for a tourism visa. My intentions of travel were to holiday, but also do some work with my cousin (I work with him now, but via Skype and go to meeting). My visa application wasn't granted as it was a tourism visa. I then re-applied for the tourism visa, with my intentions only to holiday. This wasn't granted because it was too soon the the first visa application. Am I able to apply using the ESTA, as I no longer intend to work, and will stay for a much shorter period of time? If so, is this likely to be turned down because I have had a visa rejected?JA: What is your official status? Do you have any pending applications or petitions with USCIS?Customer: No. what do you mean by official status?JA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: No. I have travelled to the US twice under ESTA, without any problems and without overstaying

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

52,050 satisfied customers
I am currently on a H-1B visa with an approved I-140. I have

I am currently on a H-1B visa with an approved I-140. I have a priority date in sep 2014. As an Indian national, I expect a long wait till I get a GC. However I would like to go to grad school and wanted to ask if I would be eligible to get either an F-1 or a J-2 (my wife has a J-1).JA: What is your official status? Do you have any pending applications or petitions with USCIS?Customer: Official status is H-1BJA: Have you talked to a lawyer yet?Customer: I have and was told that since I have established an intent to immigrate through the I-140, I was not eligible for the F-1. Wanted to see if the J-2 would be any different?JA: Anything else you want the lawyer to know before I connect you?Customer: My wife is a physician in training and is on a J-1. I am considering a J-2 as her dependent.

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

52,050 satisfied customers
I am a student preparing to apply for a F1 visa to the

I am a student preparing to apply for a F1 visa to the University of Southern California. As background I took a year long leave of absence due to personal reasons and so the first F1 I obtained was voided. I recently reached out to my school's OIS and they have sent me a new I-20. However the problem arose when I decided to travel around California this year. I arrived in January under the Visa Waiver Program with my New Zealand passport. Due to me missing my flightI overstayed my I-94 exit date by six days. I assume this will cause problems for me in terms of my application at the consulate. Is there any way to mitigate the impact this will have on my application? Does this violation automatically mark me for rejection? Thanks in advance for anyones help.

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

52,050 satisfied customers
Back in 2013, i filled for i 129 f for my fiancé. it was

back in 2013, i filled for i 129 f for my fiancé. it was approved but he was denied the visa for misrepresentation of infor on previous tourist applications because he had me down as his wife in those tourist applications. waiver was required which was approved explaining to them that we had had the traditional engagement in our country done hence him putting me down as his wifeunfortunately that first petition expired and USCIS told us they couldn't reaffirm expired cases so we could file for a new one. we did a second i 129f which was approved. He went back to the embassy and was told he was ineligible because they still believe we are married. Their basis is traditional engagement in Ghana is considered legal marriage in Ghana. they are sending the case back to uscis and have recommended that we use the appropriate visa class which is the 1 130. this is going on 5 years and i had a lawyer working with me but things have not gone so well. I understand the second i 129f should have never been done. i am going back home next month so we can get an ordinance marriage done, obtain a certificate and be able to refile using the appropriate class.my question is since the waiver was a conditional waiver specifically for the fiancé visa, will we be required to file for another waiver? Thank you

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

16,388 satisfied customers
I am a naturalized US Citizen from New Zealand. My wife,

I am a naturalized US Citizen from New Zealand. My wife, Annie, whom I married in November, 2016 is an Australian citizen. We were married in Indianapolis and Annie returned to Australia to settle her affairs, sell her home etc and prepare to move to the US.I filed an I-130 petition in December and it has been accepted with a receipt date of December 27th. The original plan was for Annie to stay in Australia until the immigration process got to the consular stage.However, it appears that we have grossly underestimated the total processing time and Annie's home sold in record time. She is coming to the US next Wednesday as a tourist using the Visa Waiver Program.The new plan was for us to live in Indianapolis and when the process reached the consular stage, she would return to Australia to complete that process.If the 90 say tourist visa is due to expire before the processing gets far enough along, she will visit her son in the UK and return under the Visa Waiver Program and stay another 90 days.The USCIS has assured me that this is perfectly acceptable and common practice for couples in our position.However, it was brought to my attention by USCIS that we may be able to file an I-485 change of status request and negate the need for Annie to return to Australia.Here's my question. . . .It is my understanding that the processing procedure and time frame for the I-485 is essentially identical to waiting for the I-130 to take its course. Is this correct?If this is correct, it seems to me that the I-485 will be the most efficient way to continue this case. Would you agree?Is there anything that I should be taking into consideration that I may be missing?Thanks - Brett

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KUMAR PATURI ESQ

Attorney

Doctoral Degree

18,378 satisfied customers
My partner files for dismissal of legal separation without

my partner files for dismissal of legal separation without prejudice. The legal separation case had a lot of paper work filled with allegations against me. Since the dismissal is "without prejudice" will I have issues in future regarding my non-immigrant visa renewals?

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Judith Ludwic

Manager

J.D.

31,378 satisfied customers
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