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Questions Answered by Tia L. Smith
1 Answer | Asked in Immigration Law for Texas on
Q: If I apply for an EB concurrent 485 while B2 extension 539 is pending, should I withdraw the 539 forms? Thanks!
Tia L. Smith
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Tia L. Smith
answered on Feb 1, 2022

Eligibility for concurrent filing aside, I would not recommended withdrawing the I-539 just in case your pending EB case is denied for any reason. If it is ultimately approved you can withdraw or the USCIS will deny the extension based on your approved I-485.

2 Answers | Asked in Immigration Law for Texas on
Q: I am on a tourist visa and so is my partner. Can we get married in Texas with photo IDs? We do not want status in the US

We are only getting married in the Us because of the only family that is in support of our marriage lives in Dallas. It is interfaith and so the pretext for it in India is dangerous. We both are Indian citizens; I have residency in Canada and my partner will be joining me soon.

Tia L. Smith
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Tia L. Smith
answered on Feb 1, 2022

Yes, you are permitted to get married in the U.S, despite not having residency status. Please be sure to FIRST contact the court clerk's office in the county where you wish to get married to ensure that you are documentarily qualified for a marriage license in that state. Best of luck!

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3 Answers | Asked in Education Law and Immigration Law for Wisconsin on
Q: Hey I’m Moh, I was a student. I left the school for financial problems during Covid hit. My sevis has been canceled.

I have a girl friend and looking forward to get married soon, what’s the procedure? I haven’t take any steps further yet

Tia L. Smith
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Tia L. Smith
answered on Nov 9, 2021

Assuming you qualify, once you are married, you would need to file for an adjustment of status, which is a multi-step process. Please contact immigration counsel to discuss specific requirements and costs associated with filing. Best of luck!

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2 Answers | Asked in Immigration Law on
Q: My dad is american, I got my green card at 12, I lived 10 years and then I had to go, Could I derivate citizenship?

My green card expired in 2009.

Tia L. Smith
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Tia L. Smith
answered on Nov 8, 2021

The answer will depend on a few things, including when your father became a citizen, the marital status of your parents, and your father’s presence in the U.S. It’s best to talk through scenarios with immigration counsel to discuss your options. Please feel free to contact my office. Best of luck!

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1 Answer | Asked in Immigration Law for California on
Q: I filed an affidavit of support for a family member. It has not been approved yet for a visa. How can I withdraw support
Tia L. Smith
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Tia L. Smith
answered on Oct 27, 2021

You must contact the USCIS office that is adjudicating the petition. Write a letter expressing your desire to withdraw your I-864. Send it express mail with tracking, and be sure to include the full name of the beneficiary you are sponsoring and the recipient number for the I485 application (if you... Read more »

3 Answers | Asked in Immigration Law for Texas on
Q: I just got my green card, is it too soon to file petition for my 19 year old daughter for change of status. We’re Irish.

My daughter has been here for 4 months & my green card just arrived last week. My daughter is unmarried & she’s here on B1/2 visa. I got my green card through petition by my son who was born here.

Tia L. Smith
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Tia L. Smith
answered on Oct 22, 2021

Yes, you can begin the process for your daughter. However, keep in mind that she will need to be in lawful status at the time of filing the adjustment application to successfully adjust here in the U.S. If she is on a B visa, she will likely need to return home and immigrate via consular processing.

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3 Answers | Asked in Immigration Law for New York on
Q: Hi I haven’t provide the paystub of last six months with my i864 form rest all documents are perfect,is there problem
Tia L. Smith
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Tia L. Smith
answered on Oct 20, 2021

Paystubs are provided to show that you are currently still employed. However, if you have provided other financial evidence, then you may be okay. If the USCIS requires additional documents after your initial submission, they will send you a Request For Evidence.

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3 Answers | Asked in Immigration Law and International Law for California on
Q: Can a remote US employee living in Australia qualify for EB1C Green card?

Hi there, I am located in Brisbane Australia. I was born in India and hold Australian Citizenship. I work remotely from Australia for a US company. I have an Indefinite contract with the company, and I pay my taxes in Australia. My company does have 1 offshore office registered in London UK. I was... Read more »

Tia L. Smith
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Tia L. Smith
answered on Sep 22, 2021

EB1s are considerably more nuanced than your other employment based visas, and you will want competent counsel to flush out your options. While a general list of EB1 requirements are available on various sites, alone, it won't be sufficient to properly answer your question, and neither will... Read more »

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