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Questions Answered by Sheri A Benchetrit

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 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 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 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 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 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 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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1 Answer | Asked in Immigration Law for Texas on

Q: U.S. citizen sister had her kid i-485 rejected for sponsor. Would my GC be revoked if I offer to sponsor them?

She is a U.S. citizen and her husband is foreign. They will not accept his income and she does not have an income. Their children's I-485 all got rejected because of that. They want to use me to sponsor them but she will filed under her name. She has 30 days to appeal the decision and I'm wondering... Read more »

Sheri A Benchetrit answered on May 22, 2019

Your green card will not be revoked if you act as a joint sponsor. A joint sponsor by definition can be either a USC or a green card holder. I do think that she should see an experienced immigration attorney because she may have options other than an appeal. Before she takes action, she should... Read more »

3 Answers | Asked in Immigration Law and Gov & Administrative Law for Kentucky on

Q: My husband is planning on sponsoring his father and stepmom from Venezuela. What financial liability do I incur?

I will not be signing anything to help with the process. Also my spouse is military, naturalized U.S. citizen with a Florida residency. I am a natural US citizen born in Missouri and we were married in MO. It is my understanding state residency can influence marital property. I will be coming into... Read more »

Sheri A Benchetrit answered on May 22, 2019

If you are not signing the Affidavit of Support, then you would not have liability to repay the US government for any monies paid out to your in-laws in the form of public assistance. Your husband would have this liability. It is possible that joint assets such as bank accounts could be used by... Read more »

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1 Answer | Asked in Immigration Law for North Carolina on

Q: Business handover to non immigrant

An investment advisor (FINRA certified) getting retired, want to handover business to a person who is at present non immigrant & living out of US. Which VISA he can sponsor him. Non immigrant is ready to take FINRA certification & ready to take over the business.

Sheri A Benchetrit answered on May 22, 2019

There may be several different options for the non immigrant. I would first need to have more information about his country of origin and also about the amount of the purchase price. Since it is important to gather as much information as possible in order to know all of your options, it would be... Read more »

2 Answers | Asked in Immigration Law for Florida on

Q: I am on J1 visa (J1 waiver) and have applied to get an O3 for husbands O1, will I have to leave my J1 instantly upon O3.

I am on J1 visa (J1 waiver) and have applied to get an O3 for husbands O1 and will get an answer soon from the USCIS on its approval. Will that mean I would have to leave my J1 based employment immediately, once it is approved. Or will I get any grace time to leave my current job and move with him.... Read more »

Sheri A Benchetrit answered on May 22, 2019

O3 visa holders are not permitted to work. If you have filed an I 539 to change your status from J1 to O3 and that form is approved, then legally you can be here in O3 status. However, in order to activate the visa and get the stamp in your passport, you usually have to consular process and have... Read more »

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2 Answers | Asked in Immigration Law for New Jersey on

Q: Can a person legally change their name on their birth certificate if its from a different country and they are a citizen

The person came into the country 60 years ago, thinking that their middle name was their first name. All of the documentation they have in America is under their middle name, including their social security card. Now they are having issues getting a state id, and new SS card, because the birth... Read more »

Sheri A Benchetrit answered on May 21, 2019

I am not sure that you can go back and change a name on a birth certificate, but the person could certainly file in the court where they live for a name change. Once they have the legal name change then they shouldn't have a problem with getting state ID or social security. After they get the... Read more »

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3 Answers | Asked in Immigration Law for Washington on

Q: Naturalization and public charge

I’ve been a lawful permanent resident since 2002. I’m planning to apply for naturalization in 2022. I’m concerned whether or not receiving MFTE housing assistance would affect my naturalization eligibility if the proposed immigration laws regarding public charge change under current... Read more »

Sheri A Benchetrit answered on May 20, 2019

There is generally no public charge bar to naturalization. And, housing benefits are specifically listed as not being categorized as evidence of public charge on the USCIS website (uscis.gov). That said, it is always a good idea to avoid receiving anything that may appear to public assistance for... Read more »

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2 Answers | Asked in Immigration Law for Texas on

Q: Should I add my wife to my I-485 petition in my employment-based GC process?

My wife is an asylum seeker and is currently waiting on her second hearing that is scheduled for 2021. My employer is based in Texas and her case is in California. Would her status affect my GC process? Would it be better to finish my process first and then process her GC through mine?

Sheri A Benchetrit answered on May 20, 2019

If your wife is able to adjust her status through your green card process, that would certainly be preferable to obtaining asylum which is never a guarantee. It is not clear from your question whether she has a hearing before an immigration judge or whether she is still appearing at interviews... Read more »

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1 Answer | Asked in Immigration Law for Texas on

Q: I have petitioned my husband. I just found out I'm pregnant, if I apply for Medicaid would that affect his process?

My husband has started his process to get a green card through me petitioning him. He already got his first acceptance letter. I am a US Citizen. Well we just found out that I am pregnant. My question is, would my husbands immigration process be affected in any way if I apply for Medicaid?

Sheri A Benchetrit answered on May 20, 2019

Although not likely to have an effect on your husband's immigration process, there has been a push by the current administration to restrict or even take away green cards when anyone in the household has received a public benefit. This is not the current policy, but policy does change. That said,... Read more »

2 Answers | Asked in Immigration Law for Florida on

Q: What do I do if my green card is about to expire and they ask me for extra documents to approve my citizenship app???

I had my citizenship interview today and I passed my civics test. But, the officer was really rude and wanted more documents which I could not provide at that time. In the notice did not say that I needed to bring any documents. She was even asking me for dates of birth of my husbands ex wife.... Read more »

Sheri A Benchetrit answered on May 20, 2019

I suggest that you meet with an experienced immigration lawyer to review the request for evidence and make sure that you provide everything that they have asked for. Although you are not required to bring an attorney, sometimes the officers can be more difficult when you don't have counsel with... Read more »

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1 Answer | Asked in Immigration Law on

Q: Petition for alien relatives

Hello;

Our Case began in 2011 when my wife start the process as Petitioner, I m the beneficiary and the visa was issued but I was denied at US consulate Interview here in Morocco saying to offer more evidence of the support of the petition;our marriage is true and honest ;we got married in... Read more »

Sheri A Benchetrit answered on May 16, 2019

Your wife does not have to be in the US to file an I 130. She does have to have a US address where she intends to reside for purposes of the application. In terms of your next step, I suggest that you speak with an experienced immigration attorney to determine the reason your visa was denied and... Read more »

1 Answer | Asked in Immigration Law for Georgia on

Q: I am a Tanzanian citizen and a green card holder in US. My birth certificate had issues it doesn’t have the correct year

My birth year is 1994 but it was mistakenly put 1988. During the time my mother said she couldn’t fix it cause they wanted so much money which she did not have. She just made me aware of it while am already a permanent resident in US . In few years am going to apply for my citizenship and i wish... Read more »

Sheri A Benchetrit answered on May 16, 2019

You can file an I 90 form to replace your green card and change your birth date. You should try to do this before you file for your citizenship. The error should not affect your ability to get your citizenship as long as you make the change.

2 Answers | Asked in Immigration Law for New Jersey on

Q: Can I apply for GREEN CARD under EB1C category?

I started working in USA as a manager from January 2017 (on L2B -EAD) and before that I was working in India with the same employer (subsidiary) since 2014 until I moved to US in oct 2016). I applied for EAD after I moved and it was approved on dec 28th 2016 and joined US parent company immediately... Read more »

Sheri A Benchetrit answered on May 16, 2019

As a manager, this would appear to be the correct category. In order to determine if you qualify, you should consult with an experienced immigration attorney. You can ask your employer to sponsor you, but ultimately it is up to them. If they are willing to sponsor you they will probably have you... Read more »

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1 Answer | Asked in Immigration Law for California on

Q: To exit USA after resigning on H1b, 10days grace period is what has been recommended on USCIS unless looking for new job

How is the determination made for qualifying for 10 days vs 60 days stay in USA after resigning on valid H1B? Follow-up to this question's answer-How and when does DHS make the determination of reducing/changing the 60 days period?

Example: Last work day June 15,2019, Exit US July 7. At... Read more »

Sheri A Benchetrit answered on May 15, 2019

When your H-1b enters as part of the natural course (meaning when it is supposed to end) there is 10 day grace. (the Regs actually say 10 days before and 10 days after.) In the past there was no grace period if you ended your H1b early. Now there is a 60 day grace period or until the end of your... Read more »

1 Answer | Asked in Immigration Law for California on

Q: When an an employee on H1B resigns from their job, can they travel in USA during 60 days period available after?

Plan would be to travel within USA after resigning and then exit USA after 30 days. DO have I-140 approved with priority date in 2016.

Sheri A Benchetrit answered on May 15, 2019

Provided that you qualify for the 60 day grace period (meaning that your H1b status terminates before its natural conclusion), there is no prohibition to travel inside of the U.S. during that grace period.

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