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Questions Answered by Dawn Chere Sequeira
1 Answer | Asked in Immigration Law for California on
Q: on an I129f for K3 visa how does the international marriage broker law work if my husband and I met on facebook?

do I write a statement and notarize it, stating that my husband and I met on facebook so therefore there is no consent form/letter to International Marriage Broker since Facebook is not an International Marriage broker.

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

You are safe as long as no one was paid in connection with how you met. Several of my clients have met through online dating services.

2 Answers | Asked in Immigration Law for Arizona on
Q: Hi, my friend has established a US construction company. no profit so far. Can I apply for a H1B through his company?

The company has no work so far as he did not win any contract since that time.

I have master degree in construction management from UK. I hold Jordanian citizenship.

I am doing Ph.D. at Arizona State University in Civil Engineering and the specialty is Construction Engineering.... View More

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

If your sister files, it will take about 11 years for a visa number to become available for you to apply for your green card. For the H-1B petition by your friend, it will be impossible to meet the "ability to pay" requirement.

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1 Answer | Asked in Immigration Law for New York on
Q: Transfer from B2 to F1

I already have a F1 visa on which I was studying in New York but I had to go back to my country. Now I entered the country on B2 Visa that is expiring in April 16. I want to study here for my MBA , means I want to change my status to F1 visa that I already have. I would’ve applied for MBA but my... View More

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

You need to have a consultation with an immigration attorney due to the possible complications of your fact pattern.

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: I want to quit my current full time job on h1b visa(not stamped, petition approved and valid until Jul 2017)

to take a break outside United States. After an year , is it legal to re-enter US on a tourist visa and do a little job hunting on the side? If its legal and if I find a job before/after July 2017 does the numerical quota limit on H1b apply for the new H1B visa from the new employer?

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

You can quit and depart the U.S. for 1 year. Yes, you can LEGALLY re-enter on visitor status to look for a job, If you find a job before 7/17, yes you can use the same H-1B petition to be cap-exempt HOWEVER an employer may not want to go through the expends and hassle just to have you work for a... View More

1 Answer | Asked in Immigration Law for Florida on
Q: If I have a cuban passport can I travel to Honduras with no problem or do I need a visa? What is the process? Thank you
Dawn Chere Sequeira
Dawn Chere Sequeira
answered on Jan 5, 2016

Check the Honduran consulate for requirements.

1 Answer | Asked in Immigration Law for California on
Q: Im legal resident my green card is expired and i just recently apply for my naturalization but need to travel emergency

As My wife is critical condition. What options can i do so i could travel out of the country

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

You can go to Infopass and get a I-551 stamp in your passport. Good luck!

1 Answer | Asked in Immigration Law for Florida on
Q: If my wife ( a US citizen) only recently came back to the state and started a new job . can she be my AOS ?

her salary is bigger than a 125% of the poverty line (She doesn't possess: taxes bureaucracy from the last 3 years and a paychecks' from the last 2 months).

AOS (Affidavit Of Support)

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

You can use that, and if USCIS does not agree, you can always add a joint sponsor. To be safe, you may want to include documents of a joint sponsor in addition to your wife's sponsorship. Note that I-130 petitioners are required to be sponsors.

1 Answer | Asked in Immigration Law for Georgia on
Q: Sposues EAD/AP validity if your I-485 is approved and she/he got a RFE

I am currently on H1B visa. My I-140 (EB-NIW) was approved a few months ago. Recently I received an update that my I 485 has been approved, however my wife was issued an RFE (which we have not received as of yet). She was on F1 (6 months here) when we had applied for the green card and she received... View More

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

Her status now is in limbo as "adjustment pending." Since H-4 is dual intent, she may want to enter using that since there seems to be an issue with her green card (and her AP is tied to her GC application). Usually clients with pending I-485s enter using AP.

1 Answer | Asked in Immigration Law on
Q: How do I get a work permit outside of the US?

I have travelled on a J1 visa before and I have now completed my bachelor's and found a job that I would really want, but it is in the US. How would I go about in getting a work permit? I am not in the US at the moment. Does it make sense I even apply for the job? I know I would be perfect for... View More

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

If you were previously on J visa status, were you required to fulfill the 2 year FRR? If so, have you completed it? The job in the U.S.; are they willing to sponsor you? First step is to get hired, then arrange for the visa. Alternatively, you can arrive in the US for a short period as a visitor or... View More

2 Answers | Asked in Immigration Law for Texas on
Q: my friend is a permanent resident, and she is currently separated. Can she petition to bring her children on her own?

she came using a fiance visa, and married here in the US about 7 years ago.

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

Does she have a 2 year or 10 year green card? Was she the primary applicant or did she get it through her husband?

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1 Answer | Asked in Immigration Law for Texas on
Q: my university refuses to give me opt application

I graduated on 13 of december this month and went on 21st to get my opt application but my university refuses to give it to me without attending a workshop. I moved out of the city but I was ready to attend workshop but it is only being offered on 27th of january. That is very close to my 60 day... View More

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

You may be able to fall under an "exceptional circumstances beyond your control" if you have no other choice. Either way, you need to retain experienced counsel given that you may be forced to depart the U.S.

1 Answer | Asked in Immigration Law for Georgia on
Q: Hi, I have applied for my EADi-765 for 2 times but still didnt get it and there is no response on my case from USCIS yet

Hi, I'm an International student applied for my EAD first time on march 2015 the case was approved and i did changed my address before card arrives but it went to the address which i gave earlier and couldn't get the card and status was card was undelivered for some reason and i have... View More

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

Did you re-apply for the EAD or did you apply for a REPLACEMENT EAD?

1 Answer | Asked in Immigration Law on
Q: What the process for K1 Visa, if we didnt meet past 2 year and we will married at Feb 2016

K1 Visa, my Fiance in Cali and we didn't meet each other last 2 years Difficult, we will married Feb 2016 what process how we can get lawyer to do for as all paperwork and our case to start move on we know each other online and phone call and also Skype

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

I would be happy to provide a free assessment of your case. Please send me an email (dawn@legacyimmigrationattorney.com) with all of your details.

1 Answer | Asked in Uncategorized, Immigration Law and Personal Injury on
Q: Hi I got injured when I got deported , what can I do ?

When I got in custody of immigration I suffered an injury but I already had a deportation order from a judge so they deported me shorly, knowing a doctor ordered an MRI for my back they isolated me and deported me , I still have the injury lacking of resources to get a diagnosis I haven't... View More

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

Talk to a personal injury attorney who also practices in Immigration here in the U.S.

1 Answer | Asked in Immigration Law for New York on
Q: Would Medicaid from the New York State of Health make me a public charge?

I am a third-year permanent resident, in New York. Could I apply for Medicaid through the New York State of Health without becoming a “public charge”?

I already know that becoming a “public charge” could make my sponsor liable to pay for my medical bills. However, I discovered that... View More

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

Yes, get off of it ASAP.

2 Answers | Asked in Immigration Law on
Q: Does approved Consular H1B (not yet activated) remain valid even after I leave USA? Can I use it without cap in future?

While working in USA on L1B, my company got my CONSULAR H1B petition approved. I continued to work on L1, did not activate H1 status, then left job in US to move to Europe. Does my H1 remain valid still and could I use it without going to cap quota now?

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

Yes, you can be cap-exempt. The initial H1B is approved for a 6-year period. So do not wait longer than 6 years to use it.

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1 Answer | Asked in Immigration Law for Texas on
Q: If I'm on an L1B and am currently having an I-94 for another 14 months and apply for an H1B in 5 months,max stay in H1B?

1st Entry L1B - Nov 7th 2009 & Exit : Oct 30st 2010

2nd Entry L1B- Oct 8th 2012 & Exit : Feb 8th 2014

3rd Entry L1B(1week vacation) - Feb 17th 2014 & Exit : NA

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

An H-1B allows a total of 6 years authorized stay in the U.S. Any time spent outside during H-1B status can be added back in. Any time spent in L or H are combined to count towards the 6-year maximum authorized period. Time spent in L2 or H4 status is not counted towards the 6-year maximum.

1 Answer | Asked in Immigration Law on
Q: can i ever get legal after being deported for 10 years but never got convicted charges got drop after one year of being

deported

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

Absolutely; one of my clients was subject to the 10 year bar. She remained outside the U.S. for 10 years. Then her USC spouse filed her green card application. They are reunited and happy married, living together here in the U.S. Anything is possible! Our firm specializes in complex immigration... View More

2 Answers | Asked in Immigration Law for California on
Q: help! ¿can i get the green card to provide my daughter medicine and education she and my older kid are u.s citizens?

I have a 17 year old son that i cant provide education and a 13 year old daughter that i cant provide medicine , she is badly sick and needs special care. If i get the green card i would be able to economically stabilize and be able to pay or provide what they need

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

No green card is available for this; perhaps seek medical treatment at a religious-affiliated hospital (e.g. Georgetown Hospital is Jesuit).

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1 Answer | Asked in Immigration Law for Florida on
Q: what would I put for the address for my employer since it's work from home?

I am filling out the n-400 application for neutralization and I've worked from home for the past 2 years.

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

List the information provided under your home business.

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