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Questions Answered by Sheri A Benchetrit
1 Answer | Asked in Immigration Law for Texas on
Q: If my permanent resident card expired over 5 years ago and I haven’t renewed it can I file for citizenship?
Sheri A Benchetrit
Sheri A Benchetrit
answered on May 15, 2019

In order to file for citizenship you generally need to have a valid green card. You will need to file to renew your green card before you file for your citizenship. In addition I suggest that you make an appointment with an experienced immigration attorney to help navigate you through the process.

2 Answers | Asked in Immigration Law for Virginia on
Q: Will living in a government subsidized housing affect my change of status from non-immigrant to immigrant in the future?

I came to the US from Nigeria in August 2017 to do my PhD with F1 visa. The program is for four years. My family (Wife, 3 yrs old daughter and 1 yr old son) joined me in August 2018 with F2 visas. Our only income is the stipend I receive working as a graduate assistant in my department. More than... View More

Sheri A Benchetrit
Sheri A Benchetrit
answered on May 14, 2019

While in the past use of subsidized or section 8 housing has not necessarily been considered in making a public charge determination, the Department of Homeland Security recently published proposed rules to expand the types of assistance that would be considered in a public charge determination.... View More

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2 Answers | Asked in Immigration Law for Georgia on
Q: Can I file I-130 for my birth mother?

My father remarried to an American Citizen and I recently got my citizenship through naturalization. Does that count as adoption to that family?

I would like to invite my birth mother by I-130 but I've also read somewhere that you cannot invite your birth parent if the children have... View More

Sheri A Benchetrit
Sheri A Benchetrit
answered on May 14, 2019

An adoption is a specific legal term. It means that the parental relationship of at least one of the parents has been severed either by law or by death of a parent and the adoptive parent is now the legal parent. The remarriage of your father does not automatically mean that your step mother... View More

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1 Answer | Asked in Immigration Law for California on
Q: My sister's permanent residency card expired more than 15 years ago and she was eligible to become citizen but did not.

Is she able to renew or even become citizen?

Sheri A Benchetrit
Sheri A Benchetrit
answered on May 13, 2019

Yes, your sister should still be eligible for citizenship. She will need to renew her green card first. Even though the card expired it does not necessarily mean that she has lost her permanent residency. As long as she has not been absent from the US for prolonged periods of time and does not... View More

1 Answer | Asked in Immigration Law for New York on
Q: Hello. How can I ask for my I 485 to be joint to my I 130? What are some reason that can be done

I file I 130 for my wife but didn’t no I could send both I 485 and I 130. I keep reading that it’s possible I can ask for the I 485 to be joint to the I 130 it’s that possible? Please give me some details

Sheri A Benchetrit
Sheri A Benchetrit
answered on May 13, 2019

If you are a US Citizen, then you can sponsor your wife and file both the I 130 and the I 485 at the same time. If you did not do this, then an I 485 can be filed after the I 130 as long as you include a copy of the I 130 Receipt notice and a cover letter with an explanation.

In order to...
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1 Answer | Asked in Immigration Law for California on
Q: Can I bring my fiancé on a K1 Visa after overstaying in the Uk for 7 years ?

I am a US citizen and my fiancé lives in England but he is originally from Nigeria. I met him in England while visiting family and we have been together for 2.5years. I am feeling stuck on what I need to do. I prefer getting Married in the US on a K1 Visa because my family is here but the... View More

Sheri A Benchetrit
Sheri A Benchetrit
answered on May 13, 2019

In order to obtain a K-1 visa you need to demonstrate that both of you are legally free to marry and that you have seen each other at least one time over the last 2 years. the more evidence that you can supply that the relationship is real, the better.

With regard to his UK visa, it is...
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1 Answer | Asked in Immigration Law for Virginia on
Q: How to fill the schedule in N 400, part 9 question 3 about days outside the US?

I received my GC about 7 years ago, but left the US in December 22, 2013 until October 2, 2014. That is about 9 months. I intend to file N 400 in may, it will be 4 years and 7 months, so my absence from the US during the last 5 years will be less than 6 months (5 months or few days less).... View More

Sheri A Benchetrit
Sheri A Benchetrit
answered on May 13, 2019

USCIS looks at the travel outside of the US 5 years backwards from the date that you file. Since it is now May, 2019, they would go only back to May 2014. The number of days that you were out of the US from May of 2014 through May of 2019 is what will count against you. (May through October,... View More

4 Answers | Asked in Immigration Law for Virginia on
Q: When do I actually file to remove Condition from my green card?

I have been married for a year in May 2019. I got my 2 year green card in February 2019 which is valid till February 2021. Do i remove conditions on my green card within 90 days of my second marriage anniversary or is it 90 days of the GC expiration date?

Sheri A Benchetrit
Sheri A Benchetrit
answered on May 13, 2019

You need to file form I 751 to remove the conditions on your green card within the 90 day window before the conditional green card expires. USCIS will at that time be looking for evidence of a bona fide marriage and will want to see ONLY evidence that you can gather that includes the time between... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: I am a born U.S citizen, my parent however is not. Is there anyway I can start a process of making them a U.S citizen?

Parent has been married in U.S one time years ago. Parent has a passport. Parent was deported for 10 years but that was 13 years ago.

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

You can file to sponsor your parent for a green card. Citizenship is something your parent would

Have to file for on his/her own once they have had a green card for 5 years. However, without any information about why they were deported, I cannot tell you whether you would be successful....
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1 Answer | Asked in Immigration Law for California on
Q: Hi.Im lawful perm. res. green card, n I need to change my surname, 'cause I got married.Do I need approved translator?

I'm a Lawful Permanent Resident Green Card. I got my Green Card 2 years ago. I got married last year. Thus, I need to change my surname on the Green Card. I've already filled the I-90 Form to send by mail. Do I need to send to USCIS my Certificate of Marriage translated from portuguese... View More

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

The translation does not have to be certified but it must bear the language that the translator is fluent in both English and Portuguese and has accurately translated the document. That said, it is always best to have a professional al do the translation as it lends additional credibility, rather... View More

1 Answer | Asked in Immigration Law on
Q: E2 treaty investor visa. Investment Requirements.

I am a Mexican citizen working in the US currently as a Computer Systems Analyst with a TN visa. I have a friend (US citizen) who owns an IT consulting company. I am considering investing on his company 50% and get an E2 treaty investor visa. I read information related to this visa and there is no... View More

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

While it is true that there is no minimum required investment, the investment must be substantial relative to the business you are investing in. Typically my clients invest at least $100,000, to document that they are serious about the investment. However, in your case you have one more issue to... View More

1 Answer | Asked in Immigration Law for Florida on
Q: Can you change a tourist visa to a work visa if offered a job while in us from Israel?
Sheri A Benchetrit
Sheri A Benchetrit
answered on May 10, 2019

The answer to your question is not so simple. There is no generic work visa. You can be sponsored by an employer for a visa but which type of visa depends on your skill set and a number of other factors.

Your best bet would be to make an appointment with an experienced immigration lawyer...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Can my husband apply for a green card if I sponsor him?

I'm a green card holder(obtain in 2018) and my husband is out of status. He's been brought to the USA as a minor and when he turned 21 his status expierd. If we apply for a green card for him, would he have to leave the country to be able to adjust his status? If he leaves he will get... View More

Sheri A Benchetrit
Sheri A Benchetrit
answered on May 10, 2019

Your case has a number of different aspects that have to be addressed. First, you should know that marriage to a green card holder does not forgive the unlawful presence that your husband has already accrued, and will not protect him from accruing more unlawful presence. (This means that marrying... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: An Israeli on a tourist visa already had 6 month extension. Here 1year. Can switch to work visa?

My daughter met this man and been dating 2 months. She can get him a job. Doesn’t want to marry him just to keep him here in us, but wants to pursue this relationship

Sheri A Benchetrit
Sheri A Benchetrit
answered on May 10, 2019

No he cannot work while here on a tourist visa. That would be illegal and a violation of the terms of his visa. Without more information about his skill set, etc., I cannot tell you if he would be eligible for any other type of visa that would allow him to work. I would suggest that you make an... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: After a 6 month extension and staying total of 1 yr in us on tourist visa. How can I stay longer ( from Israel)

Person I’m asking for lives in Florida He met a girl dating 2 months falling in love with

Sheri A Benchetrit
Sheri A Benchetrit
answered on May 9, 2019

He can ask for another extension but it is likely to be denied as immigration will probably see it as his attempt to live and work in the U.S. (immigrant intent).

1 Answer | Asked in Immigration Law for Texas on
Q: Hi! How long after marriage can you file for a green card?
Sheri A Benchetrit
Sheri A Benchetrit
answered on May 9, 2019

if you are married to a USC, you may file immediately after marriage.

1 Answer | Asked in Immigration Law for Georgia on
Q: My new husband is a Jamaican native and i am a us citizen. How can i get my husband US citizenship .
Sheri A Benchetrit
Sheri A Benchetrit
answered on May 9, 2019

You are getting ahead of yourself. The first step in the process would be to sponsor him for a green card and then after he has had the green card for a period of 3 years, he can file for his US citizenship. US citizenship is not automatic based on marriage. You must follow the process. You will... View More

1 Answer | Asked in Family Law and Immigration Law for Florida on
Q: How have I change my last name in my immigration documents after marriage? Do I need to go in my country embassy?

Immigration law

Sheri A Benchetrit
Sheri A Benchetrit
answered on May 9, 2019

It is not clear from your question if you are asking how to change your name in your passport, your green card or both. If you wish to change your last name in your passport, you would need to apply for that change with your country's embassy or consulate in the U.S. if you are in the... View More

3 Answers | Asked in Immigration Law for Ohio on
Q: Must I return to Europe after petition approval?

Good morning, I got married to a us citizen in August last year in the US. I am a German citizen. I went back to Europe after our wedding and returned to the US in October 2018. We filled i130, i485 and i765 concurrently in November. Since then we have been waiting for approval. The petition got... View More

Sheri A Benchetrit
Sheri A Benchetrit
answered on May 9, 2019

Sounds like something is amiss. Generally when you file an I 130 I 485 package you have your interview for both your I 130 and I 485 at the same time, at your local field office inside of the U.S. Usually you will receive an answer as to both the I 130 and the I 485, although not necessarily at... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: If I received a Final Order of Removal in absentia, and departed after receiving the order, can I still file an MTR?

If I received a Final Order of Removal in absentia, and departed after receiving the order, can I still file an MTR?

Sheri A Benchetrit
Sheri A Benchetrit
answered on May 6, 2019

Motions to reopen Orders of Removal in Absentia are very complicated and must be handled by an experienced immigration attorney. A Motion to reopen based on lack of proper notice can be filed anytime. This means that a motion may also be filed after a person has departed the US. I suggest that... View More

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