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Pls i would like to know bcos someone just told me America US do tap into peoples phones and listen to u when u submit your phone no..So I would like to know if my privacy would be infringed upon,or if it is permitted for US officials to tap or listen to immigration applicants for immigration... View More 
answered on Aug 5, 2016
Whoever told you that immigrant officials listen to your phone calls is spreading rumors, they do not do that nor do they have the time to do that.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez... View More
The baby will be born in the United States and the mother would like to stay here even after her visa expires. Can she do that? Does her status change? The father of the baby is American but she has no plans to marry him. She also wonders if her mother from China can come here and help her take... View More
answered on Aug 5, 2016
She can not stay here without legal status it might lead to the mother getting deported from the U.S. If the mother wishes to stay here she either needs to apply for an new visa or leave the country to avoid deportation and immigration bans on her visa.
All the best.
-Shan Potts... View More
Hi.
my dad applied for the family immigration visa in 2008. initially I was approved and my mother got approved after a year.
but its been 8 years and my sister are still on wait. since all the required documents and fees are submitted. One of my sister just got divorced and she is... View More
answered on Aug 3, 2016
Hello if your sister is over 21 it might take a bit longer than you and your mother's petition. I suggest talking to an immigration attorney about this so the attorney can take a look at the files and give you advice on how to proceed.
All the best.
-Shan Potts
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So, my immigration status is F1-opt and working with an opt-EAD. My wife who came to US on F2 visa now is working under TPS-EAD. I also have TPS but not the EAD. Now, I applying for green card under EB2-NIW. My question is can I apply the green card filing together?
answered on Aug 3, 2016
You can not apply for a green card for your wife when you do not have one, you did mention you are applying under EB2 but there is no guarantee that your petition might be approved. You can only apply after yours gets approved.
All the best.
-Shan Potts
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My priority date is April 2007. Currently I am working with an oversees branch campus of a US institution. Our AP will expire in Nov 2016.
answered on Aug 3, 2016
Your baby will become your dependent on your green card. Talk to an immigration attorney about the procedure in private.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of... View More
Hi.
my dad applied for the family immigration visa in 2008 (Pakistan). initially I was approved and my mother got approved after a year.
but its been 8 years and my sister are still on wait. since all the required documents and fees are submitted. One of my sister just got divorced... View More
answered on Aug 3, 2016
Hello if your sister is over 21 it might take a bit longer than you and your mother's petition. I suggest talking to an immigration attorney about this so the attorney can take a look at the files and give you advice on how to proceed.
All the best.
-Shan Potts
Like... View More
And told me that he will not renew my Green Card and i have to leave Us its really ?? I cant stay here ? What can i do if i love him and dont accept this divorce
answered on Aug 2, 2016
If you have a conditional green card you can remove the conditions yourself and renew your green card yourself. Don't be worried a lot of immigrants go through a similar issue, contact an immigration attorney in private to get assistance in this matter.
All the best.
-Shan... View More
My parents used to live in India they got there visa and green card in last September but as my sister was 25 yrs old she couldn't get visa n now she is married can my parent's still apply for her green card as she has got married or no?
answered on Aug 2, 2016
Your parents will not be able to apply for your sister for now. They can try after they become U.S. citizens, however India has one of the longest wait times so it might take a few years or even a decade for your sister to get a visa to enter the U.S.
All the best.
-Shan Potts... View More
for 2 more weeks. Going to Disney and visit me. He has a round-trip air ticket scheduled to go back Aug. 27. Entry will be LAX Any problem on that?
answered on Aug 2, 2016
It is too soon to come back within three months, but whether or not he will be admitted depends on the immigration officer at the POE. Having a return ticket definetely help his case, but as i said returning within 3 months time on a tourist visa does not guarantee entry without problems.... View More
hello sir, I recently came to know that LGBT people can apply for asylum if they have fear of going back to their country. I am from Nepal and came to USA as student in 2012 but only came out to my family last year. I didn't know about LGBT being able to apply as a refugee. Last year I dropped... View More
answered on Aug 2, 2016
Yes, you are correct LGBT immigrants can apply for asylum. At Shan Potts Law Offices we have helped and continue to help a lot of LGBT immigrants who seek services such as asylum, green card, COS etc. We also provide consultations monthly at the Los Angeles LGBT community. If you would like to get... View More
What happens if in November due to some reason I think of going back to L2. Do I need to file COS (from H1B to L2) within United States?
If Yes, Can I travel out of country during COS?
If do not file COS, Can I just go out of the country and return on the same L2? Ans start working... View More
answered on Aug 2, 2016
If your H1 is approved, yes your L2 becomes invalid after the start date mentioned in the H1.
If you would like to go back L2 you would need to file COS and a new I-765 for an EAD card.
No recommended to travel overseas while COS is pending, it defeats the purpose of COS and... View More
My wife qualifies for citizenship in January 2019. In a few months she will fulfill the residency requirement (30 months within 5 year period). Can she live with me abroad until 2019? She can come back to the US 3-6 months prior to filing N-400. Will there be problems?
answered on Aug 2, 2016
The 30 month period is 6 months out of every year not just 30 months within 5 years. However if you would like your wife to be with you abroad, she could get a re-entry permit that allows her to stay out of the U.S. for two complete years without losing her residency. Please contact an immigration... View More
they gave her a paper saying she tried to pass a person illegally in the United States
this issue was 15 years ago
What can I do to obtain my mothers green card ?
answered on Aug 2, 2016
More information is required, what kind of paper? Please talk to an immigration attorney in private regarding this issue.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of... View More
My wife from Sri Lanka is submitting her I-751 form. Does she check the spouse box in Part 3 and then give my details in Part 4? Or is Part 4 information on immigrant children, if any. There are no children involved. Thank you.
answered on Aug 2, 2016
Did you or your wife even read the form completely? Information is very clear on the form. Part 3) Additional information about yourself, Part 4) Information about your spouse Part 5) information about children. Please read the form thoroughly and the instructions can be found on the USCIS website.... View More
I finished my Masters on December, I applied for OPT but in May it was denied, I sent an appellation and it was denied again.
answered on Aug 1, 2016
You should consider leaving as soon as possible to avoid getting a 3 year or 10 year ban from entering the United States, You should have been better informed by your school the proper times for filing an OPT, OPT should be filed during you're studying so you could start working once you... View More
Hi, I am currently on L1-A visa with my first term of work permit expiring on Oct 10th 2016(~2 months from now).My employer is filing my L1-A work permit extension. My employer had already filed my GC in EB1 category and currently my I765 is approved and I got my EAD card which is valid for one... View More
answered on Aug 1, 2016
If your EAD is still valid and the visa that led to your EAD is still valid you may continue to work. If you would like a free consultation regarding immigration questions feel free to contact my office (323-803-7147).
All the best.
-Shan Potts
Like our facebook page for... View More
USCIS request additional evidence to estabish that our intent in marriage was to establish a life together. Such evident evidence may include, but not limited to: (a) Proof of joint insurance policies or that one party was listed as a beneficiary on the insured spouse's policy; (b) Property... View More
answered on Aug 1, 2016
You need to get a letter stating what you mentioned and notarized, an immigration attorney may be able to help. Contact an attorney in private. If you would like a free consultation regarding immigration questions feel free to contact my office (323-803-7147).
All the best.
-Shan... View More
sponsoring my parents to get their green cards. What are my options in getting a green card as they can become residents immediately. Will my F-1 Visa be affected if i get sponsored and go through the process of family base immigration or if my parents get their green card, will my F-1 status be... View More
answered on Aug 1, 2016
Unless you get an immigration benefit your F-1 may still be intact, your parents getting a green card will not affect your current F-1. If you would like a free consultation regarding immigration questions feel free to contact my office (323-803-7147).
All the best.
-Shan Potts... View More
is there anyway possible she can come back sooner than the 10 years are up. Please help
answered on Aug 1, 2016
She maybe able to come back sooner but more information is needed. If you would like a free consultation feel free to contact my office (323-803-7147).
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates -... View More
We both live in orange county .
answered on Aug 1, 2016
If he meets other requirements yes he can become a legal resident. We help a lot of LGBT immigrants through the Los Angeles LGBT community center every month, if you would like a free consultation to discuss this process feel free to contact my office (323-803-7147).
All the best.... View More
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