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Questions Answered by Sheri A Benchetrit
1 Answer | Asked in Immigration Law for Wisconsin on
Q: If a b1 visa holder is getting married to a US citizen ,applying for further visa process will the citizen's credit

If a b1 visa holder is getting married to a US citizen and applying for further visa process will the citizen's credit sore and income be considered. He has his tax filed for 30K last year. I guess that is will meet the poverty guide line or will that impact the visa process

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

Typically the US citizen's credit score is not considered in terms of whether they are eligible to sponsor their spouse. What is considered is their income during the last tax year (with a W-2 or 1099 to prove it), their current employment and income which can be documented by a letter from... View More

1 Answer | Asked in Immigration Law for New York on
Q: Do I qualify for citizenship if we moved in with my American stepdad when I was 16, but they married when I was 19?

My stepdad is from NY state and thinks that I don’t qualify for American citizenship through him, but he wants me to ask a professional. In 1997 my Canadian mother married my stepdad and then she passed away in 1999. I know in some states, like California, your stepparent can adopt you as an... View More

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

Your question is more complex than you might think. First, you do not generally derive citizenship from a step parent. The step parent can sponsor you for a green card, but you would have to file for your citizenship on your own. Next, the step parent/child relationship must be formed before the... View More

1 Answer | Asked in Immigration Law on
Q: Permanent resident card has expired outside the US but looking to return for work.

I am 35 years old male, a UK citizen and I am a permanent resident of the US (initially residing in Houston, Texas). My Green Card expired while living outside of the US. I have been out of the US for around 10 years. I have a BSc (Houston), MSc (York, UK) and PhD (Birmingham, UK) in... View More

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

The general rule when you have a green card is that you will live in the United States. When you are outside of the U.S. for a period of 6 months or more, you can be treated as though you intended to forfeit your green card. When you are outside of the U.S. for a year or more, you will be treated... View More

3 Answers | Asked in Immigration Law for Oklahoma on
Q: My husband has been going through immigration court his attorney told the judge my husband would be applying for asylum

Even tho I am a us citizen his wife and we have a child together we have filled out the i-130 on 10/29/18 we have not heard anything back. Fyi the attorney was the one who told us to fill it out and submit. My question is was the attorney doing good in saying my husband wanted asylum when the atty... View More

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

I would need more information in order to give you a proper answer. I can tell you that if the I 130 was filed while your husband was in immigration proceedings, it will take a very long time (as much as a year or more) to receive an answer. This is because the matter is sent to a specific unit... View More

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2 Answers | Asked in Immigration Law on
Q: I surrendered my green card five years ago..now my U.S. boyfriend wants to get married and live in Florida..can we

Pls help

Sheri A Benchetrit
Sheri A Benchetrit
answered on Nov 14, 2018

You can apply for a green card again if you legally qualify for it. That means that should you get married, your boyfriend can sponsor you for a new green card, but the process will start from the beginning. The surrender of your previous green card is not necessarily an impediment to a new... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: My daughter entered THE LOTTERY in Canada. I'm a citizen, can I also file form I-130 ?

My question is, would it be helpful, or might it be illegal.

I was born in Cuba, arrived here in 1962, married a canadian and became a citizen of Canada. my daughters were born there.

I returned to the U.S. in late 1980's, subsequently I became a U.S. citizen. I'm now married to an American.

Sheri A Benchetrit
Sheri A Benchetrit
answered on Nov 14, 2018

Yes you can file an I 130 for your daughter, but if she is over the age of 21, and if she is married, her place in line will be further back and it may take a few years before it is her turn in line.

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