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Questions Answered by Christopher A. Kerosky
2 Answers | Asked in Immigration Law for California on
Q: If I leave the US after my legal stay, but having I-539 VISA extension submitted, do I accumulate unlawful days?

I came on B2 VISA and have heard the processing time is very long (several months!) for Chinese nationals.

Christopher A. Kerosky
Christopher A. Kerosky answered on Aug 7, 2020

If you leave the U.S. within the time requested in your I539 (so long as it is no more than 180 days) and before you have received a decision on your request, then you have not accumulated unlawful presence.

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2 Answers | Asked in Immigration Law for California on
Q: Filed I-485 /I-130, 3 weeks be4 my tourist visa expires.If I don't receive a receipt notice be4 expiry,should i leave US
Christopher A. Kerosky
Christopher A. Kerosky answered on Jul 21, 2020

If you have filed the adjustment of status application (I485) properly, then your stay in the U.S. is automatically extended until there is a decision on your application, and you have no need to leave the country before your tourist visa stay expires. In fact, if you leave the U.S., you will be... Read more »

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3 Answers | Asked in Immigration Law for California on
Q: Does my fiancée need to move in with me when we get married to start her U.S. citizenship process?

My fiancée is here through DACA and we plan to get married in a month or two. I am a U.S. citizen. She stays with her parents and is needed around the house to help with her siblings while her parents work. I cannot leave my family’s home as I take care of most of the bills and everything’s in... Read more »

Christopher A. Kerosky
Christopher A. Kerosky answered on Jul 7, 2020

Your fiancee can certainly apply for residence once you get married. The process can take between 12-24 months depending on where you live and other factors regarding her immigration history. During that time, I would recommend that you move in to the same residence and I could advise you on other... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Hi, my F2B Visa petition was approved in mid May/20. Will Trump’s green card freeze delay my case ?

I’ve received the F2B visa petition approval in mid May/20 and yesterday I’ve finished submitting all the documents on the CEAC website. I’m curious to know if the Trump’s freeze will delay my case until ‘21 or further.

Note: I’m currently living outside of the US

Christopher A. Kerosky
Christopher A. Kerosky answered on Jul 3, 2020

The Trump Administration’s recent Executive Order suspended the entry of certain foreign nationals on employment-based nonimmigrant visas into the United States. This Executive Order covers those with an:

• H-1B visa and any foreign national accompanying or following to join them;...
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1 Answer | Asked in Immigration Law for California on
Q: Do I need to renew my green card if I applied for U.S. citizenship?

I applied for U.S. citizenship in March and my green card expires in a month.

Christopher A. Kerosky
Christopher A. Kerosky answered on Jun 30, 2020

It is recommended that you renew your green card in case you need to travel outside the U.S. while your naturalization application is pending, or if you need a valid residence card for work or other purposes.

1 Answer | Asked in Immigration Law for California on
Q: Is it bad for my wife if we file taxes married filling separately when she fixes her legal status?
Christopher A. Kerosky
Christopher A. Kerosky answered on Jun 29, 2020

No, the important thing is that you and she file "married", whether you file jointly or separately. Depending upon how she is obtaining status (through marriage or other means), it may be quite important the amount of income shown on your taxes, but not how you file.

1 Answer | Asked in Immigration Law for California on
Q: Can you apply for an EU citizenship while in the process of green card renewal? Will it interrupt with the process?

I received my permanent card a few years ago, I’m an Israeli national, and now in the process of renewing for the 10 year green card (submitted biometrics a few months ago), living in the US. I recently learned that I am eligible to request a Portuguese citizenship and was wondering if that would... Read more »

Christopher A. Kerosky
Christopher A. Kerosky answered on Jun 26, 2020

Yes, you can apply for Portuguese citizenship and it will not affect your green cad application in any way. It does not matter if you have additional passports for purposes of the permanent residence process.

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