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20 years ego, INS deny G.Card based on fraud of marriege, today I am marrried to US Citizen 3 children. I 09 filled I-130. Denied, based on above reason. Is there any thing that can be done.
Sep. 24, 2010 by Pedro, Florida
A prior finding of marriage fraud can bar a subsequent immigrant visa petition. Although waivers for marriage fraud are extremely limited, it is really your only option to pursue at this point if you wish to have any chance of obtaining a green card.

Dear lawyer, I was employed based on H-1B work visa for 6 years. Now my new employer is applying for H-1B visa again. Do they need to include my Bachelor's degree notarized translation this time too? Thank you.
Feb. 11, 2011 by Oleg
Thank you for your question. Yes, you would need to include a notarized translation of your Bachelor's degree because each immigration application must stand on its own merits. In other words, USCIS does not consider previously submitted information or documents for a new immigration application or petition. Sincerely, Wilton A. Person, Attorney at Law.

Dear Sirs, I missed a Court hearing in an asylum case in 2007. It would be my 3rd hearing. I left US one year before the hearing. I left in October 2006. Before the hearing in May 2007 I sent a letter to the Judge telling her I was living the country and gave her the reasons. This letter is in my file among the other papers of my case. However as I did not show up for the hearing a removal order was issued. I had two previous hearings with Judge Reneta Smith (passed away) The hearing a missed the Judge was Gabriel C. Videla. Please is there a way out of this situation? Thanks
Aug. 4, 2010 by Luiz
Dear Sir: Unfortunately, there is probably not much that can be done at this point because of the length of time that has passed and the fact that court did not grant you a stay of the proceeding pursuant to a request from you or your attorney. A letter to the judge does not become part of the court record even if it is your court file. You may request that your case be reopened based upon compelling reasons; you advised a judge that you were leaving the country and the judge died, but the court would probably not reopen your asylum case based upon the procedural error. Please contact my firm if you are interested in discussing your situation in more detail. Sincerely, Wilton A. Person

got married to my us citizen husband this june. he's 25, im 39. sent our application. got my finger printing done and schedule for interview. caught him cheating on me last month. for few weeks i sometimes stay with my family... we still want to work things out. and to this date, im still hurting. im still on my student visa. not sure what is best to do.
Oct. 12, 2010 by Grace Balaguer, california
Hi Grace, thanks for your question. First, I strongly recommend that you contact an experienced immigration attorney who can represent you in this process, especially to represent you at the interview. You should not go unrepresented to the interview because your situation is complicated. It is hard to tell from your question exactly what is going on. One scenario is if you and your husband are back living together and you both go to the interview...in that scenario I don't think your temporary separation would be a problem. If you both go to the interview, but are NOT living together at the time, you may still be approved for residence--the USCIS is supposed to consider only whether or not the marriage was viable at inception, NOT later on at the time of the interview. Meaning, if you can prove you ENTERED INTO the marriage in good faith, it doesn't matter if the marriage is in shambles now. However, this is a very difficult case to prove and you should have an attorney representing you. If you think your husband will not go to your interview, or you don't want him to go, please retain an attorney. You should try to reschedule the interview. If you don't know what is going to happen with your husband, maybe you should seek individual or marriage counseling and have the therapist write a letter on your behalf. Now, if your husband has been emotionally, mentally, or physically abusive to you, you may consider filing an I-360 self-petition as a "battered spouse." With an I-360, you may apply for residence without your husband's knowledge or cooperation. For any and all of these possible scenarios, I strongly recommend and insist that you contact an experienced immigration attorney for more information and to represent you in your process. You may contact me or any of the attorneys on this site to discuss your case further. Thank you and good luck! --Jill E. Grucan, Esq.

Hello! I have a little bit of specific question concerning H1B status filing. I'm currently in the US on J1 visa which expires in July 2011. My employer would like to file a petition for my H1B employment here. We will be sending a petition when USCIS starts accepting applications for the next fiscal year - in April. But, since I'm currently in the country on J1 status we will need to apply for a change of status from J1 to H1. The employment starts on October 1st 2011. So we have a gap between the expiration of J1 and the start of H1B employment. How would this effect the petition? Is there a good way to explain my actions during this gap to USCIS? I need to mention that I have a B1/B2 visa valid until 2014. So should I be asking USCIS to change my status from J1 to B1 and then on October 1st to H1? Or maybe there's some good way to go about it? Thanks!
Feb. 2, 2011 by Anna Ostroverkh, California
The gap on the change of status from another nonimmigrant visa category to the H-1B is very common. As you are probably aware, there is a 30 day grace period for the J-1 visa. You are eligible to stay in the US 30 days after the expiration of the J-1 visa. There are cap gap extensions, but they are only available to F-1 students. Immigration law does not allow a person to change from J-1 to B-1 then from B-1 to H-1B. By filing the H-1B on April 1, 2011, you are already requesting a change of status from J-1 to H-1B. As this can be a situation that could affect your future in the United States, it would be my recommendation that you contact me or Ms. Grucan to assist you with this matter.

Hello, Can I have your help please? I have a question concerning education, degree and work experience when applying to H1-B visa: If I don't have a degree in my country, but still have 8 years of experience (IT), and I've found a company willing to sponsor a visa for me, is his a problem? I mean generally more than 12 years of work experience are required for this type of visa, but if the company itself is willing to hire me and doesn't care about those 4 "missing" experience years, can the visa obtaining process run smoothly? Is this ok? Hope for your help and time. Looking forward to hearing from you! Thank you in advance.
Sep. 16, 2010 by Ann
Dear Ann: Unfortunately, you must show USCIS 12 years of professional experience to qualify for the H1B visa. The fact that your employer does not care about the four years is not relevant as to whether USCIS will approve your H1B visa. USCIS would like to see three years of specialized training or work experience for every year of college that you would have attended. Sincerely, Wilton A. Person

Hello, My father applied for me I-130 in 2002. Then in 2009 i receive a letter stating that few docs were requested and were not delivered after the waiting period so the case goes from initial review to denial. Then I make an appeal to the commissioner that no letters were received on the same address. After 2 months they send me a denial notice again saying that the appeal was not in the right context. Now i would like to know that how does my case goes on, can i re appeal and what shall i do.
Sep. 1, 2010
Based on the information provided, it appears that your Appeal was filed too late. USCIS normally provides at least 33 days to respond to a request. In order to maintain your old priority date of 2002 , it is very important to contact USCIS and emphasize that the mail was 'lost' and never delivered. In the alternative, you could re-file a new I-130 and request on the cover letter to maintain the old priority date of 2002 based upon USCIS error that the notice was never delivered. This is assuming that you did not change addresses. It is the USCIS officer's discretion as to whether you will maintain the old priority date. Unfortunately, it is critical to retain an attorney to push your case so that you may have a chance to maintain the old priority date. Please contact my firm if you would like to discuss in more detail.

Hello, I know that based on The Second Preference category, a permanent resident can petition for their children. Can my mom sponsor me for green card if she currently has a conditional one, or does she have to wait until the conditions are removed? I’m unmarried over 21 years old. I entered the United States on a non-immigrant visa but my status recently expired (I dont have a date on my I-94, it says DS, if this makes any difference). Thanks a lot
Oct. 20, 2010
Yes, an individual who holds a conditional resident card has the same rights as a person who holds a conditional resident card without conditions. However, you would be required to leave the United States to obtain your immigrant visa because your immigrant visa would not be immediately available in the second preference category. If you are no longer maintaining your non-immigrant student visa, it would probably be a good idea to apply for immediate reinstatement into your academic program.

Hello, Will work references from previous employers be enouph as evidence of my experience if applying for H1B visa on 12 years experience basis. Thank you.
Feb. 11, 2011 by IGOR
Thank you for your question. 12 years experience with work references in and of itself would not be sufficient without at least a bachelor's degree. However, you may obtain a foreign education equivalent by sending your reference letters to a foreign education evaluation agency. Sincerely, Wilton A. Person, Attorney at Law.

Hey, I am nabeeleh khokhar and am a canadian citizen. I am going to UK to get married to a man who is a assylum and a pakistani citizen. my question is how can i sponcer him ,for canada ? please quide me with all details? wheather i have to stay in uk or canada to sponcer him and how ? thanking you in anticipation ...
Jan. 8, 2011 by nabeeleh khokhar, ontario,toronto
Dear Nabeeleh, Please note that we do not handle Canadian Immigration Matters. Immigrationlawyerfreeconsulation.com is only related to US Immigration Law. Best Regards, Wilton A. Person Attorney at Law

Hi! I want to apply for B2 visa. I'm 22 yr old and I'm a medicine student here in the Philippines so the documents that I can only show are birth certificate, certificate of school registration and bank statements. Do you think my school registration can show strong ties? I really want to spend my short vacation in US because my friend invited me to stay in their house in california and also my parents are the one who will pay for my trip.
Nov. 3, 2010
Hello, thank you for your question. As you probably know, it can be hard to get a tourist visa to the U.S. because you must prove that you intend to return to your country after your temporary stay. In addition to the documents you mentioned, you should submit proof that your parents are going to finance your trip (like a notarized affidavit from them, along with their bank statements/proof of income). I would also include a notarized Affidavit from the friend you are planning on staying with, and they should complete a Form I-134, Affidavit of Support, or your behalf, indicating they will be providing you with Room and Board for your temporary stay. You may want to submit your school transcripts, to show you are doing well in school and getting good grades. You could submit reference letters from your professors and/or advisors, stating that you are a great student and an honest person. You should submit proof that your tuition is paid, and that your room and board is paid for or arranged (ie a residential lease, or dormitory agreement, etc.). Even with all this, it is difficult to get a tourist visa. I would recommend hiring an experienced attorney like myself to assist you in preparing a packet to submit to the consular officer who will review your application. An attorney could help you prepare/draft Affidavits and the forms, and help you collect evidence to show your intent to return home after your brief trip. Please contact me or any experienced immigration attorney to assist you. Thank you! - Jill E. Grucan, Esq.

Hi, I would like to ask for a favor to help me clarify my status on the petition that I applied and approved. My mother (who was a US PR at that moment) applied I-130 for me as unmarried child above 21 and the petition was approved. At that time I was reside at US and eventually have to comeback to Singapore because I do not want to overstay and jeopardize my petition. After I left, my petition for I-130 was approved and now waiting for the date to be current to apply for adjustment of status. Now my mom has gotten her US Citizenship and would like to move my status to 1st preference. My question is if once my mom gotten the confirmation of the status changed for me and moved to the 1st preference, can I get married and file I-824 together for myself and my husband?( since I am reside outside US now). Will the marriage affect the preference status from 1st priority to the 3rd? Can you kindly advise what is the best way to get the PR for me and my husband if I get married after the status adjustment from unmarried child of US PR to unmarried child of US Citizen? Thank you and really appreciate your help. Best Regards, Sherly
Sep. 28, 2010
Hi Sherly, thank you for your question. Since your mother already naturalized, you may get married without jeopardizing your pending petition's validity. When she naturalized, your preference category was automatically converted to 1st preference for unmarried children over 21 of a U.S. Citizen. When you get married, your preference category will again automatically convert to the 3rd preference for married children over 21 of a U.S. Citizen. Now, for your husband to be a dependent on your petition, you must get married before you are admitted to the U.S. as a Resident. As long as you marry before then, he can also apply for his immigrant visa in the same preference category that you have, and with the same priority date that you have. The thing is, by getting married and bumping yourself down from 1st preference to 3rd preference, you will add several years to your waiting time, as the 3rd preference is years behind the 1st preference. If you don't get married, and you enter the U.S. as a Resident, you can then get married and file an I-130 petition for your husband as the spouse of a permanent resident. That category is actually not that far behind right now--they are up to 2010! that could change, though, and could mean you living in the U.S. without your husband for long periods of time (although you can travel to Singapore as a resident for 6 months at a time, and some people stay abroad even longer, though the longer you stay, the higher the risk of losing your Resident status due to abandonment. If you stay abroad for a year or more, you will abandon your Residency if you did not obtain a Re-entry permit). So, your choices are: 1.) Marry now, and wait together abroad the additional years it will take for your priority date to become current, or 2.) don't marry, enter the U.S. sooner as a resident, then marry, and file an I-130 petition for your husband in the 2A category for spouses of permanent residents. I highly, stongly recommend you hire an experienced immigration attorney to assist you further in this matter. Please contact me or any experienced immigration attorney for more detailed advice. thank you! - Jill E. Grucan, Esq.

hi,i applied asylum and got denied in 2004 and did not appeal cause my lawyer told me i could get deny anyway.now i am in removal procedding and I have big reason and fear not go back my country. so what should i do now.can i apply for relief from removal or motion to reopen the case? could you explain me details if possible please.thanks you very much, sir.
Oct. 13, 2010 by min min, ca
Hi Min Min, thank you for your question. Since you did not appeal the denial of your asylum, there is not much you can do. You should contact an experienced immigration attorney to review your file and your documents to determine whether you had what we call "Ineffective Assistance of Counsel," which may be something you could try to use to reopen your case. However, your case was closed over 6 years ago and only now are you trying to remedy the situation. From the info you gave, I don't really see much hope, but I strongly recomment that you seek an in-person consultation with an experienced immigration attorney who can better advise you after review of your file/documents. -Jill E. Grucan, Esq.

I am 25 y.o male, single and a nurse in Philippines. i do have an I-140 petition with PD Nov. 2006 .. I would like to ask if I get married while I have a pending I-140 application, and change my status from SINGLE to MARRIED. would it cost a delay on my application? or it will not affect? can I ask for your advice? Is it advisable to get married while my petition is pending or will i wait until I get my approval? Sincerely, Christopher From PHILIPPINES
Sep. 16, 2010 by Christopher, Philippines
Changing your status from single to married would not affect your priority day because the I-140 employment based petition is not related to your marital status. In addition, your future wife could be considered a derivative beneficiary when your visa number becomes current which could save you paperwork, time, and money. The information provided is not legal advice as you are not presently a client of my firm so it would be my recommendation that you retain my firm, Ms. Grucan's firm, or another firm to thoroughly review the facts of your matter before taking any action that may affect your legal rights. Sincerely, Wilton A. Person

I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010. My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request? I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?
Nov. 18, 2010 by Fernando Amat, Arlington, VA
Hi Fernando, thank you for your question. Wow, you are far more fortunate than most of my clients--TWO options for lawful status in the U.S.! Well, honestly there is no need for you to file BOTH an H-1B and a marriage case. Both cases are extremely expensive, and both cases are very quick. So, unless you feel your marriage is shaky, I would recommend just doing the marriage case. It should take about a month, or less, to prepare, and you normally get the travel permit within 3 months after filing, so you would have no trouble with your trip planned for May next year. Also, you would get a work permit about 2 months after filing, so there is no need for an H-1B visa to continue working at your company. While the residency case is pending, you are in a lawful stay in the U.S.--even if it remains pending beyond your OPT expiration in 6/11. In any case, marriage cases are only taking 4-6 months after filing, so it is pretty fast. You can always do both the H-1B and the marriage case just to keep both doors open, but if your marriage is strong I think that would be a waste of time and money. However, I strongly urge that you contact an experienced immigration attorney like myself to assist you with your petition process, as it can be fraught with complications and issues can arise that you may not know how to deal with. Please contact me or any of the attorneys on this site to discuss representation in your case. Thank you! - Jill E. Grucan, Esq.

I am a us citizen and I would like to file for my father.I file for my mom who is now is us and a green card holded. Can i file for him or her has to wait until she becomes a us citizen, which will be 2 yrs from now. and if yes can i file for him while he is visiting or her has to return home and then i file?
Dec. 1, 2010 by Cecilia, Florida
Hi Cecilia, thanks for your question. You may apply for your father any time, no matter what your mother's status is. And, you can submit his I-130 petition whether he is in the U.S. or in his home country. However, if he will file in the U.S., and he enters the U.S. with a tourist visa, his applications (the I-130 petition, and the I-485 application for residence) should not be submitted until at least 60 days after entry, and he should not indicate to the airport inspectors upon entry that he plans to file for his green card. This is because a tourist cannot enter the U.S. with the intent of staying and applying for their residency--this is considered "fraud" because a tourist, upon entry, must have the intent to return home. If they enter as a tourist, but actually have the intent to remain in the U.S. and apply for residency, they may be accused of fraud. I strongly recommend that you contact an experienced attorney like myself to represent you in this matter, to avoid any potential complications or issues. Please contact me or any experienced immigration attorney to assist you. Thank you! - Jill E. Grucan, Esq.

I am currently single, residing in the Philippines. I have been offered a job in the US, and have already provided them with all my necessary documents, of course, with all documents marking my status as ‘Single’. Even before I got this offer, my fiancée and I already have plans of getting married this year. Knowing how hard it is to be granted an H1B Visa, would there be any complications if we continue with the marriage even if my papers are already being processed as ‘Single’? Would I encounter any problems or delays due to this change of status? What are my alternatives and most recommended course of actions?
Nov. 12, 2010
Hi Jonathan, thanks for your question. I can't tell from your question whether your H-1B petition was already submitted by your employer to the USCIS, or if you simply submitted your documents to your employer. If your employer hasn't submitted the documents yet, and you marry before they submit your case, you should include your wife on the petition. However, if your H-1B is already filed with the U.S., or will be filed before you are married, that's OK. If your H-1B petition is approved, you will have to go to the consulate to get the H-1B visa stamped in your passport. When you make your appointment with the consulate, make an appointment for your wife as well at the same time, if possible. If not, bring your wife to your appointment, along with your original marriage certificate, her original birth certificate, and her valid passport. She should be able to get the H-4 visa stamped in her passport. If she makes her own appointment at the consulate after you have your appointment, she should also bring your original H-1B approval notice and, if her appointment is after you have entered the U.S., she should bring a new job letter from your employer and your pay stubs. I highly recommend hiring an experienced immigration attorney to assist you and further advise you in this matter. Please contact me or any experienced immigration attorney for assistance. Thank you! - Jill E. Grucan, Esq.

I AM TO APPEAR IN COURT IN AUGUST 2010 IN MY REMOVAL PROCEEDINGS DUE TO J1 VISA.MY COUNTRY HAVE ISSUED THE 'NO OBJECTION LETTER.MY I-130 WAS APPROVED DURING MY INTERVIEW.I WANT TO KNOW IF MY WAIVER COMES BEFORE AUGUST,WHAT IS MY CHANCES?
May. 23, 2010
Hello, thank you for your question. First of all, since you are in removal proceedings, it is of UTMOST importance to have an experienced attorney representing you. If your hearing in August is a first "Master Calendar" hearing (i.e., a preliminary hearing), you may request a continuance if your J-1 waiver has not been approved. If it is a 2nd or 3rd Master Calendar, then it depends on the Judge. If you are scheduled for your "Individual hearing" (ie, trial) in August, you still may request a continuance but the Judge may not grant it. An attorney should be helping you with Motions to Continue and representing you before the Immigration Court, otherwise you may up being deported. You also should have legal assistance with the waiver, which I assume is already pending. An attorney could follow up on the status and/or request expedited processing. Even if your waiver is granted, you still must proceed with your adjustment of status application (which I can't tell if it is already filed or not). It is not a great idea to proceed with that in Court, if you can avoid it. An attorney could help you file a Motion to Terminate your deportation proceedings so that you can simply proceed with the USCIS like everyone else, without the stress and anxiety of presenting your case in a trial setting. Please contact me to discuss the details of your case further and to determine the best strategy for you. Thank you and have a nice weekend. --Jill E. Grucan, Esq. / (305) 571-9830 / jill@grucanlaw.com

I came to the U.S December of 1997 but overstayed my time. My employer filed a labor certification dated April 30th 2001. On April of 2005 when I asked my employer if she had received a letter from the DOL, her response after thinking about it briefly was yes and that she had sent it back. September of 2005 my employer passed away and 3 months later I got a letter from the DOL to the company that my case was close due to an untimely or incomplete response from my employer dated May 24th 2005 to be postmarked no later than July 08 2005. The company went out of business 1 1/2 years after her passing.I'm I under 245i? I've gotten another job (not being sponsored cuz they wont ) I pay taxes and haven't committed any crime Additional information I have proof the labor certification was filed april 30th 2001.I've gotten labor certification from the DOL dated april 30th 2001..And I've gotten the letter that my case was closed in 05 which dated filed april 30th 2001.What the DOL is claiming that they have send out a letter to my employer to respond I guess a 45 day letter on May 24th 05 due on July 8th 05. They apparently didn't not get a response from my employer before or by July 8th,so my case was closed. My questions is seeing that the DOL closed my case due to an untimely response will I be able to qualify under 245i seeing that the file date was april 30th 2001. If that is the case what will I have to file to get on the benefit...thanks
Nov. 30, 2010 by cardo, silver spring md
Hello Cardo, thank you for your question. I'm sorry your case turned out like this! BUt, there is good news--you still qualify under 245(i). Your 245(i) protection is preserved as long as the labor certification was "approveable when filed." It doesn't matter that after filing (in fact, YEARS after filing, there was a disaster). As long as at the time of filing, it was an approveable case, you are protected by 245(i), even if the case was denied or withdrawn. Now, when it comes time for you to use that document from 2001, there may be a dealy while the USCIS Officers scrutinize it and they may not be aware of the law. I often have issues with clients in your situation, when the USCIS Officer who eventually adjudicates a future residency case is not unfamiliar with the law. In that situation, an attorney needs to educate the USCIS Officer. So, in the meantime, I suggest that you look for an employer who will file a new labor certification for you--note that you do not need to work for the sponsoring company now, you only need to have the intention to work there once you have your residency (which could be years in the future). Or, if you get married, or have other family members who could petition for you, you will be eligible to adjust as you are protected by 245(i). Please contact me or any experienced immigration attorney for assistance in your case or in preparing a new labor certification for you. Thank you! - Jill E. Grucan, Esq.

I have sent my ds-230 form, all translated civil documents, i-864 form and all necessary document in 11 aug 2010, what time it will take for visa interview? I have sent my ds-230 form, all translated civil documents, i-864 form and all necessary document in 11 aug 2010, what time it will take to get the appointment letter from nvc? my category is f2b and my priority date is feb 2003. Thank you
Oct. 10, 2010 by Ehsan, michigan
Hello Ehsan, well as long as you are not from Mexico or the Phillippines, it looks like your F2B priority date is current, meaning you are eligible at any time to apply for an immigrant visa. The process after sending the DS forms normally takes a few months, but this depends on the embassy in your country--each one is different with different procedures and time frames for interviews. If you look at the embassy's website for your country, you may find helpful information there about the scheduling of interviews and the immigrant visa process. If you have sent your I-864 and DS forms to the National Visa Center ("NVC"), Then the NVC must forward your file to the embassy, and the embassy takes over from there. So, check their website for more info. Of course, I also strongly recommend that you retain an experienced attorney to represent you in your immigration matters. Thank you. -Jill E. Grucan, Esq.

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