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Questions Answered by Amanda B Cook
1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have submitted EB-2 NIW I-140 & I-485, if rejected, can I marry my fiancé(e) (US citizen) to avoid deportation?

Would this plan work:

If EB-2 NIW gets rejected -> marry my US citizen fiancé(e) -> apply for marriage green card?

Or do I need to get married before the rejection to avoid deportation or future difficulties in applying for a marriage green card?

Potentially relevant info:... Read more »

Amanda B Cook
Amanda B Cook answered on Dec 5, 2019

As long as there are no other red flags on your file, that would probably be fine. However, if that happens, you should be overly prepared for the extra scrutiny such a move will likely bring to your marriage application. I highly recommend hiring an attorney to help you with your marriage... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: purchasing a home do you need the person on the title and to person on the deed
Amanda B Cook
Amanda B Cook answered on Dec 4, 2019

"Title" is an amorphous concept in real estate law. A "Deed" is the instrument you record at the courthouse to evidence your "claim to title", but there can be competing claims to title even if there is a recorded deed. Your question is a little unclear, I suggest you get a consultation from an... Read more »

1 Answer | Asked in Immigration Law for South Carolina on
Q: Hi, I was wondering if my husband needed to file form 1-589 if I've already filed I-130 last year (2018)?

We've received a receipt almost a year ago stating that my application was received is being process, but there's been no update since then. I've requested an inquiry just now. I'm just worried since he has another court date in Feb 20 and we haven't heard anything yet.

(I should hear back... Read more »

Amanda B Cook
Amanda B Cook answered on Dec 4, 2019

Please defer to the advice of the attorney who is representing him in immigration court. if he doesn't have one, i strongly suggest you hire an experienced deportation defense lawyer.

1 Answer | Asked in Immigration Law for Virginia on
Q: I am an immigrant that was abused physically and sexually by my husband

He took a video of him feeding my drugs and having his way with me and I can’t remember such happening and he threatened to send it to my family , now he deleted the link but I have someone I showed the video to since I can’t open the link can their statement suffice

Amanda B Cook
Amanda B Cook answered on Dec 4, 2019

You need to speak with someone experienced with VAWA applications. Often there are charitable organizations nearby that will help you with this for no charge. Here's a link to a list in Virginia:

https://www.immigrationadvocates.org/nonprofit/legaldirectory/search?state=VA

1 Answer | Asked in Immigration Law for Oklahoma on
Q: My husband is my petitioner in a marriage based green card process. Do I have to include my husband's children in I-485?

I-485, part 6

Amanda B Cook
Amanda B Cook answered on Dec 3, 2019

Yes. All children are relevant because of the income sponsorship requirements. It's really worth the investment to have a licensed and experienced immigration attorney do this for you. I highly recommend paying for help, because even small mistakes on these forms can cause big, expensive problems... Read more »

1 Answer | Asked in Divorce, Family Law and Immigration Law for New York on
Q: Difference for Living apart or separately after submitting citizenship application

My cousin got her 10 years green card through marriage with a citizen husband. After she submitted the citizenship application from Brooklyn, New York, her husband has to move to Texas for work for 1 year, but she wants to continue staying in Brooklyn. If they just live in different cities, fly and... Read more »

Amanda B Cook
Amanda B Cook answered on Dec 2, 2019

As long as there are no other issues or red flags, this shouldn't be too bad of a problem. BUT - I STRONGLY suggest she invests in a consultation with a good immigration attorney who is experienced with family and divorce issues so that the attorney can thoroughly screen her for any possible other... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Hello, I have a green card and I need to go to a different country to get a degree. Should I apply for citizenship

and then apply for travel permit while the naturalization process is underway? or should I just file for travel permits until im done with the degree?

I had filed for travel permit a few years ago for education as well and have used both my 2 year travel permits.

I will hire a... Read more »

Amanda B Cook
Amanda B Cook answered on Dec 2, 2019

There are questions that a lawyer will need to ask you before she can give you the best advice, such as how long the program takes, whether you can travel back and forth easily, if you'll continue to pay taxes in the US, etc. I know you want an answer now but really in your situation it's best to... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Hi, I am a green card holder, i have filled to my spouse form I130 and it already accepted but we got a divorce.

now we are thinking in remarriage, what should i do for the immigration purpose, knowing that the petition still available and i can proceed with it. should i start the process all over again? or remarry and continue the pending petition?

Amanda B Cook
Amanda B Cook answered on Dec 2, 2019

Well, that is a new one for me. I would probably withdraw the initial application, wait a period to make sure everything goes smoothly, and then re-file. Your relationship sounds a little volatile and that's not a good place to be while you're in this process. You should probably hire an... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Is there a way For us to get permanent residency in USA?

Hi. My husband is DACA recipient . He has his brothers born here (one is then will turn 21 in 2 years). Me, over stayed, so no paperwork right now. Our daughter was born here.

We are looking for any option to get permanent residency here. Do we have any chance or not really?

I... Read more »

Amanda B Cook
Amanda B Cook answered on Dec 2, 2019

Your husband's brother may be able to sponsor him when the brother turns 21 but he will have to have a good job to show the requisite income and the application will probably take more than 10 years. If you have been here for more than ten years and your children have any sort of medical problems,... Read more »

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2 Answers | Asked in Real Estate Law and Small Claims for Alabama on
Q: My grandma died and my wife and I have been living I her house for 7 years and now my dad is trying to kick us out

Can he put the house in his name

Amanda B Cook
Amanda B Cook answered on Nov 25, 2019

That depends on a lot of different facts. Did your grandmother leave a Will? Is your father her only heir? I strongly recommend that you seek the advice of an experienced attorney.

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1 Answer | Asked in Immigration Law for California on
Q: My wife entered the country with a tourist visa when she was 14 and overstayed. (Please read below for more details)

She went to high school/college and all in the states. I married her last year (us citizen) and had a few questions on the options we have on changing her status. I’m aware I can sponsor her as a relative but the confusion I have is that she has overstayed multiple times. Although Each time she... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 25, 2019

You need to create a complete timeline of every entry and exit. Then you need to gather all of the old passports she still has in her possession. Take the timeline and the passports to an immigration attorney for a consultation. I highly recommend you have an actual attorney review these documents... Read more »

2 Answers | Asked in Bankruptcy, Contracts and Real Estate Law for Alabama on
Q: commercial in AL with owner finance. Buyer stopped paying after 2 years and filed for bankruptcy. What can the seller do

Commercial property in ALABAMA was sold in 2017 with owner financing with 30% down and 7 years of monthly payments at 6%. The contract was recorded in court house as a lien. The buyer (LLC) with personal guarantee paid on time for 2 years and now filed for bankruptcy (both LLC and personal).... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 25, 2019

What kind of bankruptcy did the owner file? Chapter 7 or 13? Do you have any reason to believe the owner might be hiding other assets from the bankruptcy court? A consultation with an experienced and capable attorney would probably be well worth the expense. You need to file a motion to get the... Read more »

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1 Answer | Asked in Real Estate Law for Alabama on
Q: I bought property in Alabama from out of state. Instead of going through all the faxing back and forth.

I had my daughter put it in her name since she lived here. What would I need to do to put it in my name. Would I have to pay or would she have to pay taxes on it.

Amanda B Cook
Amanda B Cook answered on Nov 22, 2019

You will need an Alabama attorney to draft a deed. the taxes are due and payable and you should pay them before Dec. 31. Whether they will accept a check from your daughter depends on the practice of the local revenue commissioner. You should call the number on your tax bill to explain the... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Time frame for USCIS I-212 approval in Texas.

My partner, Jayro, was brought into the United States from Honduras illegally by his mother when he was four. Now as an 18 year old high school senior he has voluntarily left the United States with the assistance of a lawyer in hopes of re entering legally and becoming a citizen. He has no criminal... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 21, 2019

If he is not confident that his lawyer has been forthcoming, then he can always seek a second opinion from another lawyer. I suggest you find an experienced waiver attorney who specializes only in immigration.

2 Answers | Asked in Family Law and Immigration Law for Massachusetts on
Q: Hi, I'm trying to get a hold of my name change papers in Spokane, WA but they are sealed how do I go about it?

I live in Boston, MA but, I have no family to go to that could help me. I really need this document as I am trying to prove I am a citizen.

Amanda B Cook
Amanda B Cook answered on Nov 21, 2019

You need to hire an attorney in Spokane.

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1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: My mother passed in 2015. I've been paying the Alabama property taxes on her land since. Can i get get it in my name?

She signed a power of attorney to my sister before she died.

Amanda B Cook
Amanda B Cook answered on Nov 21, 2019

You really need to speak with an experienced real estate and/or probate attorney who can help you through the process.

If your mother passed without leaving a Will, or "died intestate", her property will pass to her heirs at law. But if there has been no probate and no one else's name is on...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Who do I have to inform if I get married in the UK but I live in USA (DV Green Card holder)?

I am a DV Green Card holder (since July 2018) and I am getting married to my Indian fiance in Jan 2020 in London, UK. Who do I have to inform in the USA that I have gotten married?

Amanda B Cook
Amanda B Cook answered on Nov 20, 2019

The facts that you have given beg more questions. Are you planning on living with your spouse in the UK? You could be in danger of abandoning your residency. You really need to speak with an experienced immigration attorney who can ask you the appropriate questions to make sure that what you're... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Alabama on
Q: My dad had a power of attorney over me. My grandfather left the farm to me and my dad . My dad signed me off deed and

Sold for 500k. He passed away and probate is still open . I know there is a 10yr limitation , however if I was home and wasnt advise about sale someone said I could file motion in probate for half of the sale price. Because a POA suppose to benefit the principle and since I was home I should have... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 18, 2019

It does sound like you need to take court action and quickly, but this is not something that you can handle on your own. You really need to seek out an experienced probate and real estate attorney to help you with this matter. It will help the attorney if you first visit the probate court and... Read more »

3 Answers | Asked in Immigration Law for Idaho on
Q: I got rejected from my Green Card application because I left the country and came back. Is it possible to reapply?

Hello! Thank you for taking my question. I was in the process of applying for my Green Card on an I-485 visa and I left the country because I had a travel visa that did not expire. I thought that it would've been okay to do because I had a travel visa but unfortunately, my application still got... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 11, 2019

An attorney will need more information to answer your question. But generally someone who is married to a US Citizen and has entered the country with inspection, without fraud, on a valid visa can apply at any time. Make sure to at least have a consutlation with an experienced immigration attorney,... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: The deed to our Alabama family farm lists all my siblings and my mother's name. Are we joint owners Or heir property ?
Amanda B Cook
Amanda B Cook answered on Nov 7, 2019

That's going to depend on several more factors, including who is living and deceased, and what the language of the conveyance actually says. You need to take your deed to an experienced real estate attorney who can tell you what everyone's rights and obligations are according to the deed.

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