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Questions Answered by Martins I. Imudia

2 Answers | Asked in Immigration Law for California on

Q: Stay in US between terminated TN visa and new TN visa?

Hi there,

We are Canadians with TN &TD visa. My husbands TN job was terminated 1 month ago, we didnt think we needed to leave US since we are Canadians, and he has just been interviewing during this month, now that he is very close to a new job offer, it has been brought to our attention... Read more »

Martins I. Imudia answered on Sep 30, 2015

It is a slippery slope. You need to consult one on one with an experienced immigration attorney. Good luck!

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2 Answers | Asked in Entertainment / Sports and Immigration Law for Georgia on

Q: Employer filed a petition with the USCIS for my O-1B visa. It was approved while in Canada - Unlawful Presence 3yr ban?

My employer did not file from my P1 to O1 in a timely manner, as soon as I found out that i was only in pending status I headed back to Canada. I received a 3 year ban for overstaying under 180 days. My O1 visa was approved while I'm in Canada and my employer sent me a copy of my approved 797B. I... Read more »

Martins I. Imudia answered on Sep 30, 2015

Since O-1 is a non immigrant visa, the beneficiary may qualify for a waiver. Retain an experienced immigration attorney to assist you.

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2 Answers | Asked in Immigration Law for New York on

Q: My husband sponsored me to come to the USA .I am.liveing in the USA for 4 years 3 months can he have me deported ?

Martins I. Imudia answered on Sep 30, 2015

Generally, your husband cannot deport you. However, the authorities can. Seek the counsel of an attorney to help you unravel your situation based on your factual situation. Good luck!

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2 Answers | Asked in Immigration Law for California on

Q: Are there laws about absconding in the US? Does it apply to beneficiaries of a family-based petitions?

Martins I. Imudia answered on Sep 30, 2015

It really depends on the facts of your case. You need to provide details. Goodluck!

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3 Answers | Asked in Immigration Law and Real Estate Law for California on

Q: Can I rent rooms out to a home, I'm half owner too, against the other owners will.

My father and I both own a paid out 4 bedroom home I live there along with my father and his wife. I want to rent 2 rooms out to a homeless sibling with a child. My father agrees, but the problem is his wife dont, so he refused to sign the lease. She has a illegal immigrant or two in the home... Read more »

Martins I. Imudia answered on Sep 30, 2015

This is not an immigration issue. You may need to reclassify. Good luck!

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2 Answers | Asked in Immigration Law for Michigan on

Q: Dad:Draft evader with reinstated US citizenship.Me:Canadian but resident of US for 31 years. Can I get US citizenship?

My Dad was a draft evader during Vietnam, left for Canada, married our Canadian mom. Did not renounce citizenship. We moved back to US when I was 11 and I have been a legal resident alien since. Dad was given his US passport and citizenship back just a few years ago. My brother and I would like... Read more »

Martins I. Imudia answered on Sep 30, 2015

You need to go through the whole process on your own. Good luck!

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2 Answers | Asked in Immigration Law for Texas on

Q: Do I need an inmigration lawyer to file for residency? Is there a way to expedite the process to bring my kids?

Kids have a Spanish passport dont need a visa

I have a b1/b2 visa which expires 2019

I have been granted permission to stay until dec 3rd 2015

I got married to a US citizen 1st august 2015 and haven't filed for residency

Martins I. Imudia answered on Sep 30, 2015

It is highly recommended that you retain an experienced immigration attorney.

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2 Answers | Asked in Immigration Law for New Jersey on

Q: I am a US Citizen (2008). I am planing to accept a job in India. What are the requirements (Visits, duration) to US?

I need to maintain my US citizenship. What are the legal requirements ? How many times I am required to comeback to the US in a year and how long my stays should be?

Martins I. Imudia answered on Sep 30, 2015

As a USC you can go in an out of the U.S. as you wish provided you maintain a valid passport.

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2 Answers | Asked in Immigration Law on

Q: im on limited visa and i had resign the job after getting one yr band can i come dubai on husband visa

empolyment visa limited contract

Martins I. Imudia answered on Sep 30, 2015

I agree with my colleague.

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2 Answers | Asked in Immigration Law for Florida on

Q: Can I get my VISA rejected?

I have permission to stay in the USA until January. I am planning to go out for a couple days and come back to spend 4 more months while I am doing some english studies. The course is non-credit and they don't offer student visa for it. Thanks.

Martins I. Imudia answered on Sep 23, 2015

You may stay within the period of your visa validity and return to participate in the non-credit course which you are taking as a tourist. However, you should not work or violate the terms of your visa. Good luck!

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2 Answers | Asked in Immigration Law for Florida on

Q: Living here 8 years on overstayed visa and I have a 2 y/o that was born here. Can this qualify as a waiver for 10 yr ban

From Brazil, came here for school but never extended my visa. 8 years later, I have a 2 y/o daughter that was born here and is a US citizen. My mother is finishing her citizenship in the next year or two. I have a 10 year ban starting soon but would like to see if I qualify for a way to become a... Read more »

Martins I. Imudia answered on Sep 23, 2015

You need to discuss your issues with an experienced immigration attorney. You may explore other options beyond your 2 y/o child and your soon to be USC mother. Some of us provide Skype or Telephone consultation to clients who are unable to make it to the office. Good luck!

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2 Answers | Asked in Immigration Law for Florida on

Q: How to obtain a J1 no objection waiver?

I was in the US o na USAID sponsored exchange for a year. I satisfied about 16 months of my two year rule requirement before coming back to the US for grad school. I recently got married to a US citizen and would like to obtain a waiver so I can apply for a green card. Out of all waiver option,... Read more »

Martins I. Imudia answered on Sep 21, 2015

You apply through the state department. A letter of support from your country of origin is needed. Please speak with an experienced immigration attorney to assist you.

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2 Answers | Asked in Immigration Law for Florida on

Q: my green car expire in 2 months can still become a us citizen

Martins I. Imudia answered on Sep 21, 2015

Yes, you can. When you apply for naturalization,you will be able to obtain a permanent residence stamp on your passport. Contact an experienced immigration attorney if you need assistance. Good luck!

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2 Answers | Asked in Immigration Law for Florida on

Q: What is the correct filing process/petition if married w/ 3 kids after husband was ordered removal fr felony gun chrg

I cant afford another attorney and im almost homeless with 3 babies the youngest is newborn. please can anyone please help me.

Martins I. Imudia answered on Sep 21, 2015

You may wish to contact legal aid or other charity organizations to assist you in the legal process. Good luck!

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2 Answers | Asked in Immigration Law for Florida on

Q: Travel back to India from USA for good with expired indian passport

I am Indian Citizen. I came to USA on H1B work visa. My H1B extension got denied and I could not renew my passport at the Indian consulate in San Francisco, CA because the passport renewal applications are processed for those with valid status only.

My Indian passport has expired now. I am... Read more »

Martins I. Imudia answered on Sep 21, 2015

You need to obtain a travel document from Consulate of India. Good luck!

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2 Answers | Asked in Immigration Law for Florida on

Q: Hello, my name is George. I am MD and US resident (have green card) and plan to marry a non US resident who lives outsid

Hello, my name is George. I am MD and US resident (have green card) and plan to marry a non US resident who lives outside of US. I want her to come to US and be able to work. I'm aware of the ~5 year long process of obtaining immigrant visa for her, but I am searching for a faster way to get her... Read more »

Martins I. Imudia answered on Sep 21, 2015

She may qualify for other visa options, depending on her educational background and experience. More information is needed about your girlfriend to be able to assist. Please consult one on one with an experienced immigration attorney. Good luck!

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2 Answers | Asked in Immigration Law for Florida on

Q: I lived in Kentucky 15yrs,I move to Florida for 1year.Can I apply for citizen in Fl?(All my ID,licenses etc are from KY)

I am living in Florida now 8 month ( I want one more year)

But all my documents are from KY (resident card,Drivers license,ID...)..The problem is that I cant travel for interview to Kentucky......So,is possible to apply for Citizenship here in Florida even if I live here only for 8 month?

Martins I. Imudia answered on Feb 3, 2015

If you plan to live in Florida for one year, you may apply for citizenship in Florida. I am assuming that you don't want to abandon your KY residency. However, it is important that if you start the naturalization process in Florida that you complete it the same jurisdiction before you go back to... Read more »

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2 Answers | Asked in Immigration Law for Florida on

Q: What is the next step for a 2 year green card renewal after filling out form I-751?

If we file the I-751 form 90 days before the expiration date, and the processing time takes longer than 90 days (As we are unsure how long it takes, if we apply in time)

So the question is:

Will the conditional resident still be able to continue working at current company where he... Read more »

Martins I. Imudia answered on Feb 3, 2015

You may maintain your work authorization as you await removal of the condition on your green card. However, because your situation may have more to it that is been revealed, I suggest you hire an experienced immigration attorney to assist you.

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2 Answers | Asked in Immigration Law for Florida on

Q: What after DACA?

My friend is an artist and he wants to go to college and make a career from art. He got approved on DACA application.Can he apply for some kind visa or green card? thank you for your time!

Martins I. Imudia answered on Feb 3, 2015

With DACA he cannot adjust status. Please consult with an experienced immigration attorney to review his situation in detail.

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