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Questions Answered by Dawn Chere Sequeira
1 Answer | Asked in Immigration Law for Delaware on
Q: marriage "deadline" for Employment based GC applcation

I am in the process of employment based green card application (EB2). I am engaged and was wondering which step of the process is the "deadline" by which I have to be married to get the GC for my husband (to be) too? (PERM? I140 or I485?)

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

If you can, get married before the I-140 is filed.

1 Answer | Asked in Immigration Law on
Q: I864 Household size?

Me and my husband living just two of us. He has lost his visa status and I would like to sponsor him for GC. How should I calculate my income? Should I count him in house hold size? He is not working because he don't have work authorization.

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

I already answered this question.

1 Answer | Asked in Immigration Law for Michigan on
Q: My nephew joined the marines and currently serving. Can he petition for my sister and his dad under the "parole in place

If so which forms would we need to fill.

And requirements

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

I filed a parole in place and got it approved. The USC husband was in the military and the wife entered the U.S. unlawfully. The parole in place only deals with the unlawful entry, NOT any unlawful presence that would have accrued. You need to speak with an attorney who has gotten PIP approvals. I... View More

1 Answer | Asked in Immigration Law on
Q: Hi, I have a couple of questions about my case which by the way it’s a little complicated.

Got married on June , 5th 2003 in NY but I left the US a month before our first interview on July 19th 2004 due to family problems. I sent a letter to the INS saying that but therefore I had to cancel my case. We remained married and living together until July 2008. Since I was initially in the US... View More

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

You either need a waiver, or to qualify for 245i. If you are still married to the same person, start the process again with counsel.

1 Answer | Asked in Immigration Law and Family Law for Florida on
Q: Can a mother still have residense even after 1 day of the one year deadline.
Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 21, 2016

Your question is unclear.

1 Answer | Asked in Immigration Law on
Q: How to handle a previous fiance petition on I-129F form?

I'm a married, US citizen living in Ecuador. I've been married to an Ecuadorian (Non-Resident Alien) for 6 years and we have one son. We are beginning the process of our move to the US. This includes going through the K-3 Visa process for my spouse.

I noticed on the I-129F form,... View More

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

If you are married, you do not file the I-129F (which is for a fiancé). You file the I-130. I would be happy to file the case for you.

1 Answer | Asked in Immigration Law on
Q: I864 Household size?

Me and my husband living just two of us. He has lost his visa status and I would like to sponsor him for GC. How should I calculate my income? Should I count him in house hold size? He is not working because he don't have work authorization.

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

Since he does not have work authorization, you cannot count his income. You can only count yours. Look at your adjusted gross income on your tax return. For a household of 2, your adjusted gross income must be more than $20,000.

1 Answer | Asked in Immigration Law for New Mexico on
Q: how can I get a matricula consular?

I have lived in the United States since I was 3 and my mom recently passed away. she was the one who was doing all the immigration stuff and she never told me who her lawyer was. I recently got married and my husband is trying to get me my papers but we don't know all the things we need. I was... View More

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

If your husband is a USC, you do not need anything that your mother filed. Meet with an attorney.

1 Answer | Asked in Family Law and Immigration Law on
Q: What kind of extended stay US Visa can I, and my partner, get for a stay the US, given the circumstances described below

I live in UK with my partner (not married) of over 30 years. My daughter (British passport holder) has lived in Orlando for over 15 years, is married to US Citizen. She has three children aged 18, 14 and 1 - all living with her and her husband. She has not been US naturalised (she just hasn't... View More

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

Since you only want to visit for business, the best option is a B-1. This is what business tourists use to drum up business while in the US. ESTA allows only a 30 day stay, so if you want to remain longer, you must apply for a B-1 visa at the consulate. This also allows 1 extension of another six... View More

1 Answer | Asked in Immigration Law and Tax Law on
Q: If your a non-resident alien residing in Canada in January and decide to move to UK after winning millions...

Can you live in UK for 183+ days during that tax year to use UK's tax treaty to not pay any taxes on the win opposed to paying 30% non-resident alien who resides in Canada. There is a certain set of rules you have to meet to meet IRS's residency status if I meet them and live in UK in the... View More

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

Pose your question to a Tax Attorney.

2 Answers | Asked in Uncategorized, Business Law and Immigration Law on
Q: I am from Brazil and I would like to do some investments in USA, how do it works?
Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 21, 2016

For investment visas, your only option is EB-5. There is a fine line with an H-1B if you start your own company; or L-1A/B if you create a multinational corp.

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1 Answer | Asked in Immigration Law for New York on
Q: Been married for 3 years. Husband disappeared only proof of marriage is the certificate. can I still get a green card?
Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 21, 2016

Unfortunately, not through marriage. You may have other options if there was any abuse -like a U visa or VAWA. Speak with an attorney.

1 Answer | Asked in Immigration Law on
Q: I am engaged to be married. Can this affect my visa petition?

I am 35 years old. My mother filed a visa petition for me from September 2012. My visa category is F1, my mother is a US citizen. In August 2014, I received a letter from the NVC that a visa number is unavailable and the petition is not eligible for processing at that time because of the... View More

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

Marriage would affect your mother's filing. If your fiancé is a US, marry and adjust through him.

1 Answer | Asked in Immigration Law on
Q: married US citizen filed i485 &i130 .on the interview date he didnt come got 245(a)(3) can i re enter us

Just wanna confirm when i have a letter from Uscis stating INA 245(a)(3) what does this mean can i come usa and file again i 485 as he has been really given me hard time after marriage . Will it be a problem to enter as i was on B1 visa and got married before i94 expired but filed papers after i 94... View More

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

Your biggest problem is that your spouse did not attend the interview. What is the reason for this? If the case is denied, you will be placed into removal proceedings for marriage fraud. You need to retain counsel immediately! If your spouse was a USC, it does not mater that you filed after the... View More

1 Answer | Asked in Immigration Law for Connecticut on
Q: They sent me a rfe asking about my legal status on usa even when i sent the copy of my us passport with my i-130 ptton.

They sent me the rfe and it never reach me before the deadline. I called telling them i havent recived it and they said to wait 30 day two times. But finally i got it and send a copy again of my us passport along with a lettertelling them i filled before a petition for my mother. Its that they lose... View More

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

Do you have confirmation of delivery? Best option is to send everything by Fed Ex. Allow 60 to 90 days for USCIS to issue a decision from the date of receipt of the RFE response.

1 Answer | Asked in Immigration Law for Maryland on
Q: Does filing I-130 for my 21+ unmarried child in F-1 post completion OPT result in voidance of his F-1 Status in USA?
Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 21, 2016

The I-130 is an immigrant petition, whereas, the F-1 student status is a nonimmigrant status. You should retain counsel to handle this matter.

1 Answer | Asked in Immigration Law for Maryland on
Q: Is it possible to obtain copies of or access one's PAST employment authorization documents (which agency)? Thank you.

If there is a database/ way to get copies, which minimal information is required to obtain such copies/ access PAST records?

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

If you are asking how you can get a copy of EADs (Employment Authorization Documents issued by USCIS), you can file a FOIA and it should provide you with the EAD Approval Notice (not the actual card). If you submitted copies of the cards with a petition (for example for EAD renewal), then these... View More

1 Answer | Asked in Immigration Law for Maryland on
Q: What can I send in if I have no proof of school?

I did my biometrics last year summer & immigration asked for proof of school, I am a high school dropout & about to take my ged, what can I do? Ps I was 17 when this took place & I just turned 18 in case that helps.

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

What application did you file? If you filed for DACA, you are supposed to either be currently in school or have obtained a diploma (or GED). If you are no longer in school, you may no longer qualify. Once you obtain your GED, you can then submit your GED. It is best to retain counsel for this... View More

2 Answers | Asked in Immigration Law for Maryland on
Q: I am a German citizen and my financial trustee in USA, who is also my uncle does not let me to leave back home from USA.

He took my passport and police did not help as he is my trustee there. What can I do to get my passport back?

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

You can contact the German Embassy to explain the situation and try and obtain a replacement.

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Is it okay for H4 (dependent) to stay if his new H1-B (valid from Oct,15) is approved but Primary has to leave US?

Hi,

I am on a H1B visa, valid untill end of 2018. Since my project in US is getting over this month end, I have been assigned a new project which is in Canada from next month onwards.

Now the situation is, we had applied H1B visa this year in April'15, for my wife who is... View More

Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 5, 2016

LEGALLY, she will accrue unlawful presence since you will not be working for the H-1B employer. However, since it is less than 6 months of unlawful presence, if she departs she will not trigger the 3 -year bar. It is never good to accrue unlawful presence.

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