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Questions Answered by Sheri A Benchetrit
1 Answer | Asked in Immigration Law for California on
Q: Will my unmarried daughter be able to travel with me when the priority date becomes current?

My sister is a US Citizen. She sponsored me for the I-130 F4 immigration visa Category. My daughter was 14 years of age at the time and therefore was a derivative of myself. She is currently 26 years of age and my priority date is soon to be current. The I-130 application was filed on December 2007... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 12, 2019

Under the Child Status Protection Act (CSPA) it would appear that your daughter will have aged out and not be able to benefit from your sister's petition. The calculation works as follows:

Take the child's age at the time that the Immigrant Visa becomes available (meaning the priority...
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1 Answer | Asked in Family Law and Immigration Law for Nevada on
Q: I was previously married and did all the paperwork for my ex wife. Am i entitled to a copy because i want to marry again

I went to every office for immigration paid for it and i have no idea about the paperwork and i want to ask the lawyer for a copy but dont want to tip off my ex wife so she doesnt try to stall my new marriage. She is also and immigrant with a work visa and i dont even know if it will be a problem.... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 11, 2019

You can do a Freedom of Information Act (FOIA) request for the I 130 and for any documents that you signed, but you will not be entitled to a copy of the documents she signed, such as the I 485, Application for Employment Authorization or Application for Advanced Parole, as those belong to her.

2 Answers | Asked in Immigration Law for Virginia on
Q: If there is a co-sponsor when filing for Visa CR-1, am I required to provide proof of income and residence within the US

I currently reside outside the US with my foreign spouse. We plan to return to the US, but I no longer have a job or residence there, however, we do have someone willing to co-sponsor. If the co-sponsor can show for these things, do I need to as well?

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 11, 2019

In order to file for your spouse, you must provide a US residence where you intend to reside. In terms of having job or finances you will have to document your current income and your adjusted gross income for the past 3 years. This is true even if you do not meet the poverty guidelines and even... Read more »

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Pls can form 1-130 be approved and form 1-485 be reading request for more evidence,why and what are the implication ?
Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 11, 2019

It appears that you are asking if an I 130 can be approved while there is a pending request for evidence on the I 485. The answer to that question would be "yes." The purpose of the I 130 is to determine if the relationship is real (e.g., spouses, parent/child etc.). The purpose of the I 485 is... Read more »

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1 Answer | Asked in Immigration Law on
Q: Can you hold both US and Canadian citizenships if you got both through naturalization?

What happens if the person has a different citizenship by birth - if that person is willing to renounce that citizenship, can he keep both Canadian and US citizenships through naturalization?

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

The U.S. has no issue with you having dual citizenship regardless of how either citizenship was acquired. For Canadian law you would have to check with a Canadian attorney.

2 Answers | Asked in Immigration Law for Georgia on
Q: If my fiance's an alien and wants to become a citizen in the USA will my crime background affect him doing so?
Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

Typically the only time that your criminal background would become an issue is if any convictions are for criminal sexual conduct. If so then they may he covered under what is known as the Adam Walsh Act which seeks to protect the potential immigrant from coming in and becoming a sex slave or a... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: what proof to come up with to show I didn’t break continuous residency in spite of 9 month absence

I have spent 9 months out of the country for medical reasons last year. Overall I will have 30 months presence out of 5 yrs by the time of filing n400. And that almost by the day.

I have low income as a part time delivery driver but self-sufficent. (5k/year) I frequent a church community... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

You have to prove that you have been inside of the US for the requisite time period (30 months over the preceding 5 years). You also have to document that you do not have any large periods of time outside of the U.S. an absence of 9 months can break the continuous physical presence and cause your... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Naturalization timeline

I got my green card in April 2010, and it is due for renewal soon. Currently, I have had 25 months of physical presence in the country over the last 5 years, but continuous residence (not being outside the US for more than 6 months a year) since April 2017. I held a reentry permit when I was... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

If your green card has less than 6 months until it expires, then I suggest that you file to renew it prior to filing for your N 400. With regard to the issue of your physical presence, there are two things that USCIS looks at. First, they will look at the total number of days you were out of the... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: pot confiscated twice by police but never been fined nor arrest.

Applied for u.s. naturalization N400. Had pot confiscated twice by police twice with no fines or arrest, will this affect my application? Passed my interview last July 2019.

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

You have to make sure that you are very clear about whether you had an arrest or whether a police report was generated. You are obligated to disclose this information to USCIS and failure to do so can be treated as if you lied on your N 400.

1 Answer | Asked in Immigration Law for New York on
Q: If my wife uses EAD (based on pending I485), what will happen to my H1 status?

My I-140 (EB2-NIW) got approved. My wife and I both received combo (EAD and AP) card. Our I-485 is pending. Right now I am working on H1B visa and my wife is on H4 visa (not working).

First question: If she uses the EAD/combo card to work, do I also have to use the EAD/combo card to work... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

No you do not have to use the EAD card to continue on your H1b status. While you wife cannot work on H4 status, she can use her EAD while she is waiting for her green card to be approved.

1 Answer | Asked in Military Law and Immigration Law on
Q: I want to attend to my sons military basic train in Texas this coming December , how can I travel my GC is not aprov

I applied I-131 with my green card applications last April 29,2019.

How can I expedite the process .can I use my sons graduation as my reason to go?

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

You can travel inside of the United States while you are waiting for your green card to be approved. You do not need an I 131 travel authorization. The I 131 (in your case advanced parole) allows you to travel outside of the U.S. and re-enter while the process is ongoing. Since Texas is inside... Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: Change in immigrant visa interview schedule or re-schedule for both the parents on same date and time?

I have filed green card petitions for both of my parents, so far I have received appointment details for my mother from National Visa Center. There is one month difference between approvals for my mother and father, we have yet to recieve approval for my father. I just wanted to check if I can have... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

Each embassy or consulate has its own procedures for changing an interview for an appointment. It should be listed on their web page. If it is not, then you can contact the embassy or consulate directly. You indicated that you have not yet received the approval for your father. If this is true,... Read more »

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: How can US LPR overcome inadmissibility due to criminal offense involving moral turpitude?
Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 11, 2019

There are waivers available for certain criminal offenses, but you have not provided sufficient information in order to give you any advice as to whether you would qualify for any such waiver. I suggest that you speak with an experienced immigration attorney who can review all of the relevant... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: I got caught shoplifting at Kmart and they offered me to enroll in a cap program and pay a fine of 499.

The product cost 8 dollars and they told me for don’t call the police you have to enroll in a cap program was offered by the store. The police were never involved

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

I suggest that you contact a criminal defense attorney and then consult with an experienced immigration attorney before you agree to participate in the CAP program. There is no guarantee that they won't use your participation in the CAP program to prosecute you after the fact.

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4 Answers | Asked in Immigration Law and International Law for Pennsylvania on
Q: If I am married Can I file for i129? If not what is the the fastest way just to bring my wife to US? I am US citizen.

I am a US citizen who is married but wife is in another country.

Sheri A Benchetrit
Sheri A Benchetrit answered on Jul 31, 2019

You can either file a K-3 marriage visa which does use the form I 129 (and also the form I 130) or you can file a stand alone I 130. The first would take minimally 6 months to a year, and once approved would give your wife a marriage visa to come to the US. Once she is here, then you would file... Read more »

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1 Answer | Asked in Immigration Law on
Q: My I-130 has been approved now my I-485 is denied base for not filing all the form requirement, what are my options?

The denial is basis on not providing the affidavit support while filing the form, should I just file again or what can I do in this case?

Sheri A Benchetrit
Sheri A Benchetrit answered on Jul 15, 2019

You basically have two choices, you can either file a motion to reopen (Form I 290 B), pay the filing fee for this form and include the I 864 and supporting documents for the Affidavit of Support or you can refile the I 485 package again and pay the filing fees. Filing the I 290B is not a... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: how can we extend an Esta for another three months when visiting from France? do we have to leave the USA and come back?

I am us citizen and my parents in law are coming to help us with the baby and we would like them to stay as long as six months. s it possible to extend their stay here in the USA once they are already here or do they have to leave and come back, and if so, for how long? can they go to Canada for a... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Jul 12, 2019

Unfortunately, you cannot extend your stay when you enter through ESTA Waiver program. You would have to leave and make a new entry. It does not matter what country they go to, but leaving for a day or two or even a week and then attempting to return might be seen as visa abuse or as... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I’m a us citizen Filed application to bring step child have been waiting for two years and 1/2 to hear if she approved
Sheri A Benchetrit
Sheri A Benchetrit answered on Jun 19, 2019

It is not clear from your question whether you are waiting for the I 130 to be approved or whether your case is stuck in consular processing. I suggest that you provide more information to an experienced immigration lawyer so that they can assist you in finding out about the delay, making an... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: I received i-130 approved in march 19th. (GC). But, before it reaches NVC i got a notice of intent to revoke. ask Marr C
Sheri A Benchetrit
Sheri A Benchetrit answered on May 30, 2019

You will need to meet with an experienced immigration attorney and provide them with a copy of the approval as well as the notice of intent to revoke. You will also have to give them all the information about yourself which will help them to give you the proper advice. Unfortunately, you have not... Read more »

2 Answers | Asked in Immigration Law for District of Columbia on
Q: Can an American marry a foreigner who has a VISA? & will they be able to stay in AMERICA while awaiting a green card?
Sheri A Benchetrit
Sheri A Benchetrit answered on May 28, 2019

Yes a US citizen can marry a foreigner on a visa. As a general rule, yes the foreign spouse may remain in the US while they are awaiting their adjustment of status to that of lawful permanent resident. In order to make certain that the facts of your case allow this, I suggest that you speak with... Read more »

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