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Questions Answered by Shan Dimitris Potts
1 Answer | Asked in Immigration Law for Iowa on
Q: Hi everyone, I have three troublesome questions about immigration rules on an F-1 visa in the United States.

I am in the United States on F-1 visa (Study visa) and have earned the Associate degree in Computer Science from Community College. After the graduation, I have applied for Post-OPT which is like getting Work authorization card (EAD) from the government. I just sent the required application... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 8, 2016

This question should be answered by your school DSO. They are in a better position to answer this question than any of us attorneys.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15...
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1 Answer | Asked in Immigration Law for Texas on
Q: Please advice.

I submited my i485 to uscis in August 2015. I was sent an RFE for a joint sponsor which I responded to with all details needed from uscis. At that time of using a joint sponsor, the most recent tax return year was 2014 which was what i submitted to uscis and it was accepted. Now I am having my... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 8, 2016

It is not possible to answer without knowing the facts of the case but if they do they will let you know or you can set up an info pass to go get your doubt cleared.

All the best.

-Shan Potts

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Can I apply for TPS (syria), question about continuous residence and continuous physical presence.

Hello, I'm a Syrian citizen with a B1/2 visa. I've stayed in the US since july 2015 until my i94 (with extension) expired this past july and I returned to Syria because I had no where else to go. Now I'm coming back to the US on august 10th, because I'm a doctor and I'm... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 8, 2016

Are you sure the announcement says october 2016 and not 2015? You are less likely to get approved for TPS if you come in now but if they extend the TPS date you may be able to get approved.

All the best.

-Shan Potts

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1 Answer | Asked in Immigration Law on
Q: I am a Jamaican who got a scholarship to study. I'm currently in a relationship, I intended to get married to her.

I am a Jamaican who got a scholarship to study. I'm currently in a relationship, I intended to get married to her but before I do I found out she was married before. She married a Kenyan and he ended up getting his green card. If I marry her will that affect my chance of getting a green card?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 8, 2016

If your marriage and your relationship are real and not a scam marriage to get a green card you will be fine. However there will be questions regarding her previous marriage but make sure to consult with an immigration attorney so you and partner can be prepared to answer those questions.... View More

1 Answer | Asked in Immigration Law on
Q: visit visa convert to students or work visa.its possible .
Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 8, 2016

Yes it is possible.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as...
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1 Answer | Asked in Child Support, Family Law, Immigration Law and Juvenile Law on
Q: As an underage that lives in Europe can I run away to the USA get emancipated and then legally live there ?

.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 8, 2016

Why do you want to run away to the U.S.? It depends on the reason you are wanting to leave your home country.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful...
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1 Answer | Asked in Immigration Law on
Q: My question about the approximate waiting time for asylum interview if shortlisted in Boston asylum Sub office ?

Applied for the shortlist july 2016 and for asylum in july 2015

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 8, 2016

Please visit the USCIS website and search for the processing time. There are a lot of asylum applications so add three or four months to the time listed on the USCIS website.

All the best.

-Shan Potts

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1 Answer | Asked in Native American Law and Immigration Law for Virginia on
Q: US Citizen wanting to marry a Native Canadian/Canadian citizen

My boyfriend and I have been dating long distance for over a year. He came to visit at the beginning of July and has been here since then on a B2 visa. We have had several week-long visits but never one this length. We have discovered in this time of "living" together that we have... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 8, 2016

If your relationship is legit and you can provide enough proof to the officers interviewing you will be fine. I suggest contacting an immigration attorney to get advice on what kind of proofs will increase your chances of approval.

All the best.

-Shan Potts

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1 Answer | Asked in Immigration Law for California on
Q: I am LPR. I was out of US for more than 1 year without re-entry permit. Officer approved my I-193. Can I become citizen?

The officer waived the fee for I-193 for me. I have a stamp in my passport which says "out for one year, I-193 approved". It has been 4 years now that I have maintained my residency within the United States. Normally based on law, if you are out for one year, you are eligible for becoming... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 8, 2016

It mostly depends on the reason you spent more than one year out of the U.S. the I-193 is just a permit to enter the U.S. without a visa. Contact an immigration attorney in private to get a consultation.

All the best.

-Shan Potts

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1 Answer | Asked in Immigration Law for New York on
Q: I'm Syrian live here with my two brothers we have TPS. My mom (sick old lady lives alone in syria) how can we bring her
Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 8, 2016

Unfortunately she will have to apply for a nonimmigrant visa separately, you and your brothers's TPS status is not much of a help for your mom. Sorry about your situation, please contact an immigration attorney to get started with the visa petition.

All the best.

-Shan Potts...
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1 Answer | Asked in Immigration Law for Texas on
Q: if a person who has a visitors visa is not convicted on a misdemeanor is deportation still possible?

Misdemeanor being assault of a family member with no injuries involved or no weapons involved

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 8, 2016

What do you mean by "not convicted" were you just arrested and not convicted or did you have your conviction removed? If you are on a visitor visa you have less chances of getting deported but more chances of not being allowed inside the next time you try to come in.

All the...
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1 Answer | Asked in Immigration Law for New York on
Q: I am a british citizen and my sister is an American citizen, can she apply for me a settlement visa and how long it take

just to know how long the immigration process will be to get visa.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 8, 2016

It depends on how old you are, but rule of thumb is F4 category visas it would take about a decade unless you are from China/India/mexico/philippines. Best advice for you would be to contact an immigration attorney now and get started with your visa as soon as possible.

All the best....
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1 Answer | Asked in Immigration Law for Illinois on
Q: Do I need to apply for advanced parole if I have no intention of returning to the U.S? Do I need a transit visa?

I am a Mexican citizen with DACA and is moving to Spain. I was approved for a Spanish Visa already.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 8, 2016

You do not need to obtain any permit to leave the U.S. you only need an advance parole if you intend to return to the U.S. Congrats on moving to spain.

All the best.

-Shan Potts

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1 Answer | Asked in Immigration Law for Maryland on
Q: Can I use my child to get citizenship

I am 21 years old from EL Salvador I had a child who is now two and was born in the US, can I use my child to get citizenship to stay here?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 5, 2016

Unfortunately no, you have to wait until your child turns 21.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only...
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1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: If I have an EAD that allows me full employment, can I only work 20 hours on campus as my F-1 Visa status requires?

I am an F-1 visa holder, and my request for Change of Status to Permanent Resident through family has been approved. I got my EAD yesterday

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 5, 2016

If your COS was approved you are no longer an F-1 visa holder, you are a permanent resident. You can work as many hours as would like. Your I-20 is not relevant anymore.

All the best.

-Shan Potts

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1 Answer | Asked in Immigration Law for Georgia on
Q: If I apply for the green card of my sister (on B1/B2 Visa) who is 16 years old, will it take the usual wait time 10 year

I am also going to apply for my parents, and younger sister is basically dependent on my parents. If my parents move to US she will be left alone in her country. Which definitely not feasible. What should be done in this case?

If I apply for her it says that for a sibling it takes about... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 5, 2016

If she is under 21 she may be added to your parents card as a dependent.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above...
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1 Answer | Asked in Immigration Law on
Q: I have green card and I plan.to visit usa for 2 weeks every 6 mothes is it risk to lose my green card and how to keep it
Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 5, 2016

The basic requirement to not lose is your green card is spend SIX MONTHS in the U.S EVERY YEAR. ( A lot of people say going to the U.S. once every 6 months will keep your green card active, which is not true). If you would like to spend more time away from the U.S. you should consider getting a re... View More

1 Answer | Asked in Immigration Law on
Q: I have green card and I plan.to visit usa for 2 weeks every 6 mothes is it risk to lose my green card and how to keep it
Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 5, 2016

The basic requirement to not lose is your green card is spend SIX MONTHS in the U.S EVERY YEAR. ( A lot of people say going to the U.S. once every 6 months will keep your green card active, which is not true). If you would like to spend more time away from the U.S. you should consider getting a re... View More

1 Answer | Asked in Immigration Law for New York on
Q: I'm a citizen, I petition my sister in 2014, its taking long, my mom is now a green card holder can she petiton her

My mother is a homemaker and never worked, she got her green card in April 2016 ( I petitiion her same time as my sister, my mom was living in Jamaica and my sister is undocumented living in NY) how can my mother help my sister?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 5, 2016

If your sister is less than 21 your mother may be able to help her, if she is over 21 it is a different method and it is also time consuming. Talk to an immigration attorney in private to help you with this process.

All the best.

-Shan Potts

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1 Answer | Asked in Immigration Law for Maryland on
Q: Can a friend of mine use her two year old child who is a Citizen to get her papers?

My friend is trying to get papers without having to get married, she has a two year old son who was born here in the states is there a way for her to be able to stay using her child or any other way for her to get papers without getting married.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 5, 2016

Unfortunately no, her son should have to be atleast 18 to be able to help his mother get legalized in the U.S. It is best if his mother pursues other immigration options by having an conversation with an immigration attorney in private.

All the best.

-Shan Potts

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