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Questions Answered by Svetlana Kats
1 Answer | Asked in Immigration Law for California on
Q: I filed F2A-LPR spouse (Philippines) PD: Nov 6,2018.

I noticed that I didnot include the I130A form and no passport photo. I only attached our marriage certificate and copy of my greencard in my application.

At the same time, the I130form that I submitted indicated expires at 07/2017. Now, I dont know what to do? Do I need to write them a... Read more »

Svetlana Kats
Svetlana Kats answered on Sep 10, 2019

Since you filed an old version of the I-130 application, most likely they will reject ( not deny) your case.

They will return your application and filing fees and will instruct you to re-file using current version of I-130.

6 Answers | Asked in Immigration Law for Florida on
Q: Can I reapply for adjustment of status with my husband?

My husband and I were scheduled for our interview for change of status (I-130). We were having marital trouble and did not attend the interview. We have been to counseling and have decided to continue with the marriage but we already recieved the letter that the case was denied and I reinstated my... Read more »

Svetlana Kats
Svetlana Kats answered on Aug 28, 2019

Yes, since you are back together, your husband should refile I-130. Make sure to collect all the documents showing that your marriage is bona fide for your interview - including evidence of marriage counseling. Good luck!

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1 Answer | Asked in Immigration Law for Texas on
Q: can I go ahead and marry my GF.

I was in the court for deportation proceedings and my relief was based on asylum but I haven’t filed yet. Can I go ahead and marry my Girl and change my status or I have to still file for asylum. Aside, how soon do I have to ?

Svetlana Kats
Svetlana Kats answered on Aug 27, 2019

Hi you can not change status since you are in removal proceedings with the immigration court. You should marry your GF and ask her to file family based petition for you. At your next Master Hearing with the court, file your asylum application and tell the judge that you are now married and your... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: Can i travel outside of the US while i-485 is pending? I already applied for i-131 and completed the biometric

My son filed i-130 for me and concurrently filed i-485, i-131 and i-765. I completed the biometric. Can i travel before receiving reentry permit? My son can mail me the document before i fly back. the national center processing time shows 6-8 month for processing i-131 and i need to travel before... Read more »

Svetlana Kats
Svetlana Kats answered on Jul 26, 2019

i don't recommend you to travel without travel document as your I-485 may be deemed abundant : the immigration services can truck your departure record if you leave the US

2 Answers | Asked in Immigration Law for Illinois on
Q: Conditional GC holder but have to divorce. What should I do about my GC?

I am married to US Citizen for little over 2 years and I have conditional GC.

He started to be very mean, he insults me, doesn't want to work, always have some excuse. He is often in a bad mood and in that case he says such a bad things to me. Even though I am the one supporting us in each... Read more »

Svetlana Kats
Svetlana Kats answered on Jul 16, 2019

While you still married, collect all documents showing that your marriage is bona fide( real marriage). Same documents that you have collected for your marriage interview. After your divorce, immidiately file removal of condition on residency application based on bona fine marriage exemption to... Read more »

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1 Answer | Asked in Immigration Law for Georgia on
Q: I want to change my employer. I currently hold a valid TN visa, not expired

I read that Mexican nationals who have a valid TN work visa stamped in their passport can change employers by presenting the required letter from the new employer and other supporting evidence directly to the CBP at a Port of Entry. The applicant must pay $50 plus a $6 fee for the new I-94.... Read more »

Svetlana Kats
Svetlana Kats answered on May 23, 2019

For a new employment you need to obtain a new TN visa. Yes you can request visa at the port of entry- just call Atlanta airoport to make sure that they have NAFTA officer to adjudicate your TN What documents to present really depends on the position that you are applying. If your position requires... Read more »

2 Answers | Asked in Immigration Law for Arizona on
Q: Can I (a US Citizen) petition my step daughter?
Svetlana Kats
Svetlana Kats answered on May 23, 2019

Yeas if you married child's mom before child's 18th birthday.

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4 Answers | Asked in Immigration Law for Virginia on
Q: When do I actually file to remove Condition from my green card?

I have been married for a year in May 2019. I got my 2 year green card in February 2019 which is valid till February 2021. Do i remove conditions on my green card within 90 days of my second marriage anniversary or is it 90 days of the GC expiration date?

Svetlana Kats
Svetlana Kats answered on May 13, 2019

Agree: file it 90 days before expiration of your conditional GC. Good luck!

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1 Answer | Asked in Immigration Law and Employment Discrimination for Texas on
Q: H1Brevoke

Hi , my first h1b approved on oct 2017 and I started working from April 2018 . Due to some reasons , my project didn’t go well and my employer not able to continue the project . So, he finds a sub contracting opportunity for me and I started there to work in new location . Since vendors involved,... Read more »

Svetlana Kats
Svetlana Kats answered on May 8, 2019

Usually if you file amended H1B petition for your new employer and your new position is substantially similar to your previous position you should be OK. However your case is more complicated since your petition was revoked after your filed an amended petition. I would take a copy of the... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: I 130

I m legal permanent residence and i have applied immigration for my husband in 4 april 2017 ? Its been 25 months and the date is also current on website but i have not recived any approval letter or medical letter or any other letter... can any one help me and tell me when can i get approval???

Svetlana Kats
Svetlana Kats answered on May 4, 2019

Unfortunately everything takes longer now days. What you can do is to request case status on- line. Sometimes it helps to expedite the case. On line status request link is on the " check your case status" page. Hope this will help.

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2 Answers | Asked in Immigration Law for Arizona on
Q: My husband came to the US with a work visa. When i petition him will he have to quit his job until adjustment?

His Visa was renewed May of last year and it was for 3 years. I am afraid that he will loose status once i petition him (be in limbo). I want to know so we can prepare and save money if I will be the only provider. Am i wrong?

Svetlana Kats
Svetlana Kats answered on May 30, 2018

Your husband can continue working for his employer while your marriage-based petition and his adjustment of status application will be pending. He will list his current non-immigrant status in his adjustment of status application.

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2 Answers | Asked in Immigration Law for New York on
Q: Can I travel abroad without green card in my hands if my green card is currently in USCIS being replaced cause of error?

On May 17th I received the letter from USCIS saying that my new green card contains an error. They said I have to send it back in order for them to send me a new corrected card. I have a trip booked to Russia on May 28th and I cannot cancel it cause my flight has no insurance on it and was booked a... Read more »

Svetlana Kats
Svetlana Kats answered on May 21, 2018

You can not go outside of the US without green card. Make Infopass appointment with your local USCIS office ( you can schedule it on USCIS website), go there with the copy of the correspondence you received from the USCIS and a copy of your ticket and ask them to stamp your passport with the... Read more »

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2 Answers | Asked in Immigration Law and Civil Litigation for Texas on
Q: What document does my mom need to get from the courthouse so she doesnt gets stopped every time she gets into the countr

Every time she gets into the country she gets send out to a secondary interrogation because of something that happened 40 years ago. My grandmother who was diagnosed a bipolar person, left a store without paying for some merchandise. My mom was with her. They were taken to the police but no charges... Read more »

Svetlana Kats
Svetlana Kats answered on May 20, 2018

Since your are saying that no charges were pressed agains your mom, the case most likely was dismissed. You can request a certified copy of disposition ( or judgment entry) in the court that had jurisdiction over her case. Hopefully they still have the recotds(or can request it from the archives).

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3 Answers | Asked in Immigration Law for California on
Q: Received USCIS approval letter for mom, Is there a time limit for the rest of process, considering travel ban?

if Travel ban wins in supreme court, is there any expiration of the approved petition? for how long can it seat waiting for the change in politics? Thanks

Svetlana Kats
Svetlana Kats answered on May 18, 2018

Congratulation on approval of petition for your mom! The good news is that this petition once approved stays approved without time limit.

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