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Questions Answered by Dawn Chere Sequeira
1 Answer | Asked in Immigration Law for New Jersey on
Q: I have an 8 year old citizen daughter who has heart issues and requires yearly check-up.Can I file my papers bc of this?
Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

This is not a basis for a green card; it may be a basis for other temporary relief. Speak with an attorney.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Applied for H1 transfer and received RFE notification. Can I still work with current employer if H1 transfer gets reject

I haven't resign from current employer and have valid H1 till September 2015. If H1 transfer gets denied can I still work on current employer's h1B

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

You can continue to work for Company A if Company B's transfer is denied.

1 Answer | Asked in Immigration Law for New Jersey on
Q: i have a green card & criminal convictio and want to travel out of states. would i have trouble coming back at USCustom
Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

Most likely yes. Naturalize. I can help you.

1 Answer | Asked in Immigration Law for New Jersey on
Q: My green card is with my married last name. Now I am eligible to apply for citizenship. Can I change my name to maiden?

I want to change my name back to my maide name for citizenship, but I am still married, I will be applying through marriage, and my current legal last name is my husband's.

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

Yes, you can. Just mark the box on the N-400; and the officer will confirm this at your interview. Also, because you want a name change, you cannot be sworn the same day as your interview (if your case is approved).

1 Answer | Asked in Immigration Law for New Jersey on
Q: My Dad is a u.s citizen he filed for me i am unmarried and over 21 . The priority date is October 2007 my stay here has

Expired is there anyway to get my green card

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

You are going to need a waiver before the green card is filed. Unless you have a bona fide marriage to a USC who can petition for you.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Do you need an attorney if you have a criminal record for simple assault, no charges filed and dismissed by the court

all necessary proofs certified and sealed if you file I-751 to UCIS?

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

For any non-straightforward case, just spend the money for counsel. It's an investment; don't be "pennywise pound-foolish."

1 Answer | Asked in Immigration Law for New Jersey on
Q: i'm a US Citizen and want to bring my mother to USA.

i will become US citizen on February 2016 and want to bring my mother from Peru. Issue: she was in USA from 2001 as a tourist visa and overstayed until 2011, she just left the country. (not deported or anything). will there be an issue now that she will apply for a residence. she filed her tax... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

She accrued over 1 year of unlawful presence then departed the U.S. This makes her subject to the 10 year bar. You can file the I-130, but retain counsel as a waiver must be filed before the green card is filed. Hopefully, she qualifies for 245i.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I94 Expired, H1b Extension Pending , Got New Job , Need to transfer H1b to new company!

My 6 year period of H1b visa will be approximately ending in Mar 25 2017, so according to 365 days rule, my green card should be filed before Mar 25 2016.

Current company was not filing green card so I started searching new Job.Now,

My last H1b expired on Sep 30 2015. My current... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

Yes, they can, and I can help.

1 Answer | Asked in Immigration Law for Virginia on
Q: First F-1, second I-130, third H-1B, fourth I-485?

Hello and thank you for reserving time to answer questions. I'm an American Citizen and I’m going to sponsor my brother to study in a university here. I'll also apply for his green card after he starts to study and would like him to stay here until I can file Form I-485. So I have two questions:... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

Yes, timeframe is 11 years at present. Yes, he can go F-1, OPT, then H-1B. He needs to maintain status at all times. Though H-1B leads to Green Card. That's the better way to go.

1 Answer | Asked in Immigration Law for Virginia on
Q: can someone from a different state(for instance North Carolina ) petition for my us permanent residency in Virginia
Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

This is a loaded question. If it is a spouse, yes, but much needs to be proven. If it is an employer, again much should be proven.

1 Answer | Asked in Immigration Law for Virginia on
Q: How to correct a mistake on immigration form after it's been sent?

I sent away my immigration package last Friday. It arrived at the Lockbox facility in Chicago yesterday morning. After over checking my copies, I noticed a couple mistakes. I forgot to write down my Class of Admission on form I-131. I also forgot to write down my i94 number and my current USCIS... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

It might get rejected (though I doubt this). For the I-485, you may get sent an RFE, or you may make it all the way to the interview and you can fix it at that point. As for the I-765 and I-131, you may get an RFE or the EAD may get issued with the wrong code. You can try and send notice via Fed... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: Do I get a copy of my Certificate of Foreign Birth from Virginia Dept of Health or from the Dept of State (CRBA)?

Was adopted by a US citizen but he didn't apply citizenship for me - my mothers Filipino. So am technically not a US citizen. Am from the Philippines. I just need a newer copy of my vital certificate (they issued - a V.S. 15B - Certificate of Foreign Birth (short form) to get authenticated by the... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

I have used Vital Records to get copies of those born in the U.S. If you were born abroad, contact Dept. of State to obtain Certificate of Foreign Birth or sometimes the Embassy in DC can assist.

1 Answer | Asked in Immigration Law for Virginia on
Q: If my fiance is already in the US, do we need to get a fiance visa before getting married?

He is here on a visa waiver for 90 days. We are worried getting married on a visa waiver will be considered fraud.

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

Even if you wanted to, the visa waiver does not allow your fiancé to change status within the U.S. That's a condition of the visa waiver. Regardless, no fiancé visa is required. Are you a U.S. citizen or an LPR? Timing as well as intent are issues (because of the presumption of fraud). It is... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: I entered the U.S. on a J-1(not subject to the two-year residency requirement) visa, can i apply for Green Card?

I entered the U.S. on a J-1(not subject to the two-year residency requirement) visa, then i applied and got b2 visa and after that the company that i worked for applied for h2b visa and the visa got denied. Now after 3 years i am married to a U.S. citizen. May I adjust my status?

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

Legally, you are eligible to adjust as long as you meet all of the criteria (apart from the 2 year FRR). I would love to handle this matter for you.

1 Answer | Asked in Immigration Law for Virginia on
Q: Does H1b Salary be revised by employer, if Minimum prevailing wage for that job is revised (yearly in DOL site)?

Hi All,

I have below doubt regarding my salary and LCA.

When my LCA was originally approved it has some amount (Minimum prevailing wage) mentioned in it, but a year later wages in that areas are revised (every year in July updated ICERT LCA site) and increased but I am getting... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

The LCA has validity dates at the bottom (usually 3 years). As long as they are valid during H-1B process, then employer has complied.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can I leave the country while waiting for OPT card?

Can I leave USA while my case for OPT card is pending? I plan to come back with G4 and then leave again within 3 months and enter USA with OPT card to undertake employment. This seems complicated but is it legal? Thank you.

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

It takes 90-100 days for EAD to be issued. Was the EAD filed with advance parole? Do you have a pending green card application? You can always depart and re-enter on G visa; this departure and re-entry will not directly result in a denial. However, it is never advisable for you to travel while a... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Philippine national working home-based for one US-based company for the last 5 years. What are my immigration options?

Due to financial problems, I dropped out of college and worked as a programmer for a couple of local companies. Papers did not matter to them because I had a fair bit of self-taught skills they needed. I have been outsourced by a US company five years ago and I have been working for them ever... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

Have you maintained lawful status at all times? If you were on F-1, then let it lapse, and worked for 5 years without authorization, you have a problem. Having an employer file your H-1B now without addressing unlawful presence could land you in Immigration Court. Seek the advice of counsel.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Had H1b (4 yrs) and transferred to B2 and it expired April 10. Got a new job. LCA waiting. There is gap. Need advice!!

I had H1b visa for four years and got laid off. I switched to B2 visa. I got a new job but my B2 expired April 10. The whole time I thought I was waiting on my H1b transfer and so I never applied for my B2 extension. I found out yesterday that the lawyer is waiting for the Labor Certification to... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

You need to retain counsel who must review all of the paperwork. I have received approvals for a gap of 15 months.

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Is it possible to change a status from G4 visa to tourist? It is important to note that I don't have a tourist visa.
Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

Yes, it is possible, but many pro se applicants get denied. I advise you to retain knowledgeable counsel.

1 Answer | Asked in Immigration Law for Delaware on
Q: I studied English for 6 months. can I take vacation and stay in USA for 2 months then come back to study?F1 visa
Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

Your intent must match the visa that you apply for; many clients file for B visas and are denied. I advise you to retain counsel.

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