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Questions Answered by Stephen Baird
1 Answer | Asked in Immigration Law for Massachusetts on
Q: If my mum was born in usa.and left when she was 3 years oldwould I her daughter.have claim to usa citizenship..
Stephen Baird
Stephen Baird answered on Dec 8, 2014

You should consult with an experienced immigration lawyer about the specifics of your situation, but as a general matter children of US citizen parents can acquire citizenship at birth even if they are born outside of the US. In order to claim their US citizenship, these children must apply for a... Read more »

1 Answer | Asked in Immigration Law for Colorado on
Q: I am writing a novel and one of my characters is from Peru, recently relocated to the states with her two children

And US boyfriend and father of the children. ( would she need a visa? Something else?) i want another character to somehow get her into trouble with immigration and deflect the trouble onto another character. Is this possible? I want them to get married, also....

Stephen Baird
Stephen Baird answered on Dec 8, 2014

Peru is not a visa waiver country, so no matter what kind of status your character came to the US on she would need to apply for a visa. If she wanted to come as simply a tourist, she would need a B-2 visa, and she would be unable to work on that status. Her children would each also need to get the... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: afraid to go back in home country

I am pakistani citizen born in UAE i went in pakistan recently and some one tried to kill me actually 2 unknown man came and shoot i was lukily saved police was also not helping and now i am afraid to go back there can i apply for assylum for US or any other country because in UAE they dont give... Read more »

Stephen Baird
Stephen Baird answered on Dec 5, 2014

You need to meet with an immigration lawyer in your area who is experienced with asylum claims. From what you describe, it doesn't sound like your situation fits the requirements for asylum, but you need to speak with an attorney who can get the whole story from you to get an opinion on your... Read more »

1 Answer | Asked in Immigration Law for Montana on
Q: immigration law

Brazilian citizen, been to usa 6 times over last 4 yrs., has a current student visa...and a current tourist visa..... she will be here in Jan. 2015.... during this time we will get married..... she and I will get married in Feb. or such....she will apply for a 'green card'.... in oct. 2015 she... Read more »

Stephen Baird
Stephen Baird answered on Dec 5, 2014

From the situation you describe, you potentially have a few issues. If she enters the US on a non-immigrant visa with the intent to marry you and file for a green card, she has lied to the agents at the border by claiming to be coming to the US without the intent to immigrate.

It is also...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: My friend left country voluntarily when asked to leave and has left already but time later we recieved a letter.

He left to mexico by time he was given to leave and he is now in mexico. We recieved a letter for the i485 application that was pending it has an appointment and says he must show. Does that mean he can come from mexico to the usa to go to that appointment? Or is it a lost deal

Stephen Baird
Stephen Baird answered on Dec 5, 2014

To get a full answer to your question you should meet with an immigration attorney in your area so he can get a full understanding of your situation, but as a general matter, if your friend was asked to leave as the result of deportation proceedings he is very likely now inadmissible and will not... Read more »

1 Answer | Asked in Immigration Law for Nebraska on
Q: been out of f-1 status for 3 yrs can I get in trouble for applying at the same school will they verify lawful presence
Stephen Baird
Stephen Baird answered on Dec 5, 2014

If your F-1 status has lapsed, your SEVIS code will be invalid, and the school will discover this during the application/enrollment process. This may also alert USCIS to the fact that you're still in the US and may cause them to look into your current status, a process which will likely end in... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I'm getting married soon,but not applying for a green card yet.I'm i in danger to get deported since I'm over stayed?

I over stayed after my tourist visa that end up almost 6 months ago.

Stephen Baird
Stephen Baird answered on Dec 5, 2014

Yes, because you have overstayed your visa you are deportable. Being married to a US Citizen doesn't change this fact. Once you are married, you can still adjust status to get a green card, but it will be more complicated because of your overstay and it's worth your while to get help from an... Read more »

1 Answer | Asked in Immigration Law for California on
Q: My wife was brought illegally at the age of 3 we have been married for a year I'm a us citizen, how can I petition her?

She is only 22 & I'm 21 we have a son together & she also has Daca

Stephen Baird
Stephen Baird answered on Dec 5, 2014

You can petition for a green card for your wife on the basis of your marriage, but because she is on DACA the process will be more complicated and it is in your best interest to work with an experienced immigration lawyer on this.

1 Answer | Asked in Immigration Law for North Dakota on
Q: My daughter file immigrationpetition for my 12 year old son.he is in the US vacation can I filethe adjustment of status

She fillet for him and me from 2012 I got through but he his perking is still at the review stage

Stephen Baird
Stephen Baird answered on Dec 5, 2014

To get a full, specific answer for your question you would really need to speak to an attorney who you can describe the entire situation to, but as a general matter if you have an approved immigrant visa number you can file for adjustment of status.

1 Answer | Asked in Immigration Law for Washington on
Q: I'm a US citizen. My husband is Australian. We want him to move to the US as soon as possible. IR1, CR1, or K-3?

Which visa would get him living in the US quickest and easiest?

Stephen Baird
Stephen Baird answered on Dec 5, 2014

If you file for a spousal visa, you will be issued either an IR1 or CR1 visa depending on how long you and your husband have been married. This isn't a distinction you have to choose between, USCIS will take care of that automatically based on the information you submit.

At the moment,...
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