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Questions Answered by Deron Edward Smallcomb
1 Answer | Asked in Immigration Law for New York on
Q: My mom attained citizenship when I was 17 years of age ( 1999). I am now 37- Do I need to apply to become a citizen?

I just started my citizen application and was going through my now diseased mother's naturalization certificate, to confirm when she had attained citizenship, and discovered that she had become a naturalized citizen when I was 17 years of age. Does this affect my process of attaining... View More

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Apr 5, 2019

Yes, this does potentially affect your citizenship rights, in a positive way. You should consult with an experienced immigration attorney to ensure your application is done properly so you don't waste time or money doing the wrong petition or filing it incorrectly.

1 Answer | Asked in Immigration Law for California on
Q: Can I bring a friend's birth certificate into the US? I'm just visiting and they asked me to bring it for them

I have a regular tourist visa and am about to visit the US. My friend who is already in the US has asked me to bring their birth certificate with me, however I am a little nervous about this. Is it legal? Can it be a problem at customs? Should I disclose it?

I should mention that I do not... View More

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Apr 5, 2019

I'd bring a written request from your friend stating that he wants you to bring the birth certificate. I'm not aware of any laws that prevent you from bringing this type of document to the USA.

1 Answer | Asked in Immigration Law on
Q: LPR. Away from USA for 360 out of 365 days due to a documented unforeseen serious illness. Will I have issues returning?
Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Apr 5, 2019

Probably not, but it will be at the discretion of the officer at the border. You will want to bring documentation regarding this illness so you can prove it was unforeseen. You should consider consulting with an immigration attorney for additional advice.

1 Answer | Asked in Immigration Law for California on
Q: What Visa to check on businesses every 3 months in the United States?

Hello,

My husband (US Citizen) & I (French Citizen) have businesses in the United States.

What visa will allow me to travel to the United States every 3 months to check on those businesses?

Time of each stay: 1 month.

Should I apply for E2 VISA? or do you... View More

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Apr 5, 2019

To answer this question, you should consult with an experienced immigration attorney to examine the nature of the businesses and your involvement in each. When it comes to business based visas, there are no easy answers.

1 Answer | Asked in Immigration Law for California on
Q: I was deported for a criminal offense for 10 years. It has been 6 years now. When can I start the paperwork process.

I am asking for a pardon. I have a husband and 4 children waiting for my return. Form I-212 is what I was told to file. I got deported to Spain but I moved to mexico because that is closer to my children.

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Apr 5, 2019

This situations are very complex and a simple answer cannot be given without more details as to why you were deported. You should contact an experienced immigration attorney for legal advice.

2 Answers | Asked in Immigration Law for Rhode Island on
Q: Does she qualify to apply for citizenship ?

Married 5 years, in the United States 3 years. He just became citizen, making her here for 3 and now currently married to a US citizen. Since he just became a us citizen does she still have to wait for 5 years due to him not being a citizens when they married or can she apply after the 3 years of... View More

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Apr 5, 2019

You will still have to wait for 5 years as her Green Card was not obtained as a result of marrying a US Citizen.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: I submitted my citizenship application and already did my biometrics, I was wondering if I can travel out of the US?

I live in New Jersey and I was planning to go out of the country for about two weeks in August before I get the interview.

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Apr 5, 2019

If you are filing for citizenship, you still likely have a valid green card or a green card extension. As such, you should be allowed back into the country.

1 Answer | Asked in Immigration Law for Michigan on
Q: Im ex military and former immigration gsa guard. My question is there any b2 visa approval cases in which a u.s. freind

Sponsers a seperated foreigner due to marital abandonment? And comes to u.s. temporarily to obtain a divorce. Also husband is in agreement of divorce but has no monies and is ill?

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Apr 5, 2019

Each case is evaluated individually by a consular officer. Your previous military experience isn't likely to affect the determination as to whether or not the foreigner has immigration based intent, the key consideration when applying for a visitor visa.

1 Answer | Asked in Immigration Law for Texas on
Q: Would K3 visa expedite my foreign spouse's entry into the United States?
Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Apr 5, 2019

For all intents and purposes, the K3 visa only exists now on paper. This change went into effect a handful of years ago and it all but nullified the K3 application by terminating the petition once the CR1 marriage visa was approved. As the CR1 is filed before the K3, it is almost always the case.... View More

1 Answer | Asked in Immigration Law for Texas on
Q: What is the wait time difference between a fiance vs spouse visa application?
Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Apr 5, 2019

In our experience over thousands of applications, the wait time difference is about 3 months longer for a marriage visa. That said, there really isn't a choice in the matter, you are either married or not. If you're not already married, but have met in person, you would also need to add... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Would a reception or church ceremony in my fiance's country invalidate the K1 visa application?
Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Apr 5, 2019

If you don't officially marry, then it wouldn't be a marriage and therefore not invalidate the K1. That said, in some countries an unofficial ceremony is still recognized as a marriage. You should contact an immigration attorney to discuss.

1 Answer | Asked in Immigration Law for Texas on
Q: Can someone on a P1 visa for an 8 day concert tour apply for an ESTA after entering? He wants to stay a week to visit.

He wants to stay for a week after the concert tour to visit family but is concerned that if he overstays P1 he wont be able to tour here again. He did not know the concert organizers would obtain P1 and not a 90 day ESTA, and just saw his P1 visa for 8 days when his passport was returned to him by... View More

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Apr 2, 2019

You cannot apply for ESTA while in the United States.

1 Answer | Asked in Divorce, Family Law, Immigration Law and International Law on
Q: I lived with my common-law for over 2 years but he not divorce yet. he separated for over 4 years. more information

she's from Vietnam and he went to Vietnam and get married with her. When she came to Canada, she lived with him for about 1 years and she left him. they separated for over 5 years, and not divorce yet. he's Canadian and I'm international student and we have lived together for over 2... View More

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Mar 27, 2019

Sounds like you should contact a Canadian immigration attorney.

1 Answer | Asked in Immigration Law for Georgia on
Q: What can I do if someone threatens to call ice on me ??

I received a message today from someone saying they were you going to call ice on me because they had my address. They are threaten me because I’ve been ignoring they’re calls & messages.

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Mar 27, 2019

If you are here unlawfully, anyone could call ICE on you. You should contact an experienced immigration attorney to discuss methods to become lawful in the USA.

1 Answer | Asked in Immigration Law for New Jersey on
Q: can i petition someone from another country like Philllppines if i dont have money on bank?

i heard need about $10,000 in bank to petition someone. what can i do to help ?

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Mar 27, 2019

Are you trying to petition them on a fiance visa? If so, the requirements are quite a bit different than that. There is no such $10,000 requirement and often such requests are earmark of a visitor visa scam. The US Embassy in Philippines is unique in its financial requirements for immigrant based... View More

3 Answers | Asked in Immigration Law for North Carolina on
Q: My daughter has a boyfriend from Canada, who really wants to come here, so they can be together. What can they do?
Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Mar 25, 2019

If her boyfriend is a Canadian citizen, there are multiple options depending on the nature of his visit. You should speak with an immigration attorney to discuss.

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1 Answer | Asked in Immigration Law for South Dakota on
Q: Help! I forgot to fill out a part on the I-130 petition for my husband

I filled out the application completely and re-read multiples times before mailing the package last week. But I just looked at the pdf application for form I-130 and I might have forgotten to fill out a part. It's part 4, Item 46a; "He or She arrived as a (class of admission): ... We are... View More

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Mar 21, 2019

Did you also fill out an I-130a? Errors on these applications can lead to delay or denial. That is why it is best to consult with an experienced immigration attorney prior to filing.

1 Answer | Asked in Immigration Law for California on
Q: Hi. I’m in the US for almost 18 years now. I am a green card holder. I am now planning to get my US Citizen Visa.

I was married before entering US. But, I put single for my status and I never change it to married. Also I came back to my country to file for divorce and now my ex-husband is threatening me that he will call the US immigration and that he will tell them about my status so that I can get deported.... View More

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Mar 21, 2019

It would be best to discuss this with an experienced immigration attorney. It's not entirely clear what the issue is. If you have had a Green Card for 18 years, and didn't obtain in fraudulently, nor violated any laws, you shouldn't have an issue with obtaining citizenship.

1 Answer | Asked in Immigration Law for New York on
Q: I’m jack i’m 30 years old single, ihave been in USA since 2017, next year i will apply for my greencard for first time.

I am here with work permit, i have a few driving licenses, medical and social security. I have good work here. But the matter is i don’t graduate from school from my homecountry(India). I only finished until 8th class and I have to help my parents since i was 16 and I stopped to study so i have... View More

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Mar 21, 2019

Under what basis are you filing for the Green Card? You should contact an experienced immigration lawyer to discuss.

1 Answer | Asked in Immigration Law for Connecticut on
Q: EAD processing time Asylum pending in court.

I’ve applied for EAD card my defensively Asylum pending in Court it’s been 180 days when I applied for Asylum with judge . How long does it take to get EAD card ? And would I go For Biometrics? When do you get receipt from USCIS ??? It’s been 3 weeks now didn’t get anything in mail yet .... View More

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Mar 20, 2019

It's only been 20 days since you applied. I'm not sure if your application was correct if you did it on your own, which may be the cause for delay. You should contact an experienced immigration attorney for assistance.

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