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Questions Answered by Deron Edward Smallcomb
1 Answer | Asked in Immigration Law for Connecticut on
Q: EAd Asylum...!

I’m waiting on my merit hearing on my Asylum case in court. It takes place in 2020 it’s been 175 days elapsed on my application. I applied EAD 155th day. I haven’t got no response from USCIS no receipt in mail .? Can you please tell me my eligibility of getting EAD am I eligible to get one?... 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.

1 Answer | Asked in Immigration Law for New York on
Q: Hi , I am on a O1-A Visa valid till October 2019. If I quit my current job how long can I stay legally in the US?

I do not intend to get another job immediately but can I legally stay here until Oct 2019?

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

If you are no longer employed by your sponsor, you should probably leave the country, however I cannot say for sure without knowing further details. You should contact an experienced immigration attorney for assistance.

1 Answer | Asked in Immigration Law for California on
Q: Can my step daughter leave and return to USA with Philippines passport with CR2 Visa but no Greencard

She received social security card but no green card yet. Should she have received a green card? Arrived Oct 2017

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

She should have received the Green Card by now if you completed the proper paperwork. You should contact an experienced immigration attorney for assistance.

2 Answers | Asked in Immigration Law for Arizona on
Q: I'm a green card holder since 2000 and I submitted my application for Naturalization.

I was convicted of a crime in 2013 (possession of paraphernalia) but the sentence was reduced as it was my first offense. The judge also approved my sentence to be set aside/expunged a few months ago. I'm currently a home owner, work a full time corporate job and married my girlfriend of 7... View More

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

It is unlikely you would be deported for a minor offense. You should consider contacting an immigration attorney to discuss specific details about your case.

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1 Answer | Asked in Immigration Law for New York on
Q: My green card expired 15 years ago. Can I still renew it
Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Mar 20, 2019

Perhaps. You should contact an experienced immigration attorney with more details about your case.

1 Answer | Asked in Immigration Law for Connecticut on
Q: EAD Card processing time in Asylum pending 180 clock ..?

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 19, 2019

USCIS was recently sued successfully, so it is supposed to only take 30 days. That said, historically it takes about 4 months.

2 Answers | Asked in Immigration Law for New Jersey on
Q: Hello me and my husband got married and now I want to fill out form I-130 but he does not have an i94 number or i94????

Can we still fill out the form and leave that blank or no? He doesn’t have an i94 because he came here without inspection

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 19, 2019

If he entered without inspection, there is far more that needs to be done besides the form you mentioned. You should contact an experienced immigration attorney for assistance.

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1 Answer | Asked in Immigration Law for California on
Q: My partner got denied a tourist visa for the US. We want to get married, should we wait till I become a US citizen or no

We want to get married in Europe. I already applied for US citizenship. She applied for a US tourist visa but it got denied twice. I wanted to know if we should get married anytime we want or should I wait for my citizenship. our fear is is that the embassy might not grant her a visa as my spouse... View More

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Mar 15, 2019

You can marry now and file the petition. Once your naturalization is approved, you would inform USCIS or the NVC so that they can change your petition to an immediate relative petition. You should consider contacting an experienced immigration attorney for assistance.

1 Answer | Asked in Immigration Law, Business Formation and Business Law for Texas on
Q: Legal ways I can get a green card while in year one or two at the University no matter the cost

Because I want to start up legal businesses while in school

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 15, 2019

There are definitely options if you are willing to invest a significant amount of money in the USA. Feel free to contact us or another experienced immigration lawyer for assistance.

2 Answers | Asked in Immigration Law for Oklahoma on
Q: If I am a green card holder and I get married to a US citizen will I be able to fill the N-400 earlier
Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 14, 2019

If your green card was obtained as a result of being married to the same US Citizen, then you would likely be eligible. You should contact an experienced immigration attorney to determine your options.

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1 Answer | Asked in Criminal Law, Family Law and Immigration Law for Wisconsin on
Q: I have a class a misdemeanor (948.09) does this affect me petition for my fiancé I-130 does this fall into Adams walch

Adams walch act? I am not registered . I did 60 days time , 1 year probation

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 13, 2019

It's quite possible it will. You should consult an experienced immigration attorney for assistance with this matter.

1 Answer | Asked in Immigration Law for California on
Q: F1-OPT extension pending with USCIS and now I am married to US citizen. Should I apply for EAD along with i130 & i485

I am international student with legal status and I have my Stem OPT request due with USCIS. And now I am married to US citizen.

I am confused should I apply for EAD i765 along with i130 and i485?

I already appyong for STEM OPT extension for 2 years. If I apply for EAD 765 along with... View More

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 12, 2019

The process you are considering is quite complicated in general, more so than just deciding whether to file for the i765 as well. You should consult with an experienced immigration attorney to discuss the details of your case.

1 Answer | Asked in Divorce and Immigration Law on
Q: If my wife and I had started the filing for the spousal visa and she then text me after 2 yrs of marriage and said she

Is filing for divorce can i submit the visa application myself

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 11, 2019

You will definitely want to speak with an experienced immigration attorney about this matter. It's not easy to remove conditions without your spouse.

1 Answer | Asked in Immigration Law on
Q: Is forging a school certificate prevents me from taking British citizenship, but I did not go to court.

They only asked me to return the original certificate which was forged and prevented me from taking a certificate from AQA,

but now I am continuing my studies and no problems, and I took several certificates from different companies,

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 8, 2019

You would want to ask a UK lawyer this question.

1 Answer | Asked in Immigration Law for South Carolina on
Q: Advised K1 visa has a 50/50 chance. age diff. 59-19 Advised using visa waiver & marry after day 61req change of status

spur of the moment marriage... request change visa status was best way. Opinion? 1.5 year relationship, 3 visits, many trips, pictures, interaction with friends here. concerts, tours, mining for gems in mountains, beach trips, cruise to bahamas..... would age difference really ruin a solid... View More

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 8, 2019

Large age differences increase the difficulty of any marriage based petition. The options you are considering should be discussed with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Connecticut on
Q: If I'm a US citizen sponsoring my mother for a green card, do I have to sponsor her child who is under 21?

I'm sponsoring my mother for a green card. Her daughter is under 21... if she adds her to her petition so that they can get approved together, do I have to sponsor her daughter (my half-sister)? Or can my mother be her sponsor once she gets her green card?

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 8, 2019

Children are not derivative beneficiaries of the petition. Your half-sister cannot be included or added to the petition. If you need assistance, you should contact an experienced immigration attorney.

1 Answer | Asked in Immigration Law on
Q: My Employment authorization + advance parole card is valid for 12 months. How long can I stay outside the US at a time?

I want to ensure that I do not compromise my Green card application

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 7, 2019

This answer is very dependent as to whether you entered the K1 fiance visa or another type of visa. We always recommend to our clients not to use advanced parole except in dire emergencies. If you entered on another type of non-immigrant visa, such as a visitor visa, and are adjusting status based... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: I am on F1 student visa in the USA since 2015 and now want to apply for asylum. Can I do that?

I am not sure if the deadline has passed already and if the judge will take my application to be fishy or something like that.

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 7, 2019

You will need to have a reason for a change of circumstances as to why you didn't file in the first year, otherwise you would only be eligible for withholding of removal. These cases are very difficult and you absolutely should contact an experienced immigration attorney.

1 Answer | Asked in Immigration Law on
Q: My fiancee arrived on a k-1 visa and we married. She worked online for a foreign company. Is this a problem?

All money she received remained in her Chinese bank account. The work was done for a Chinese company. It was done before and after we applied for her ead and green card.

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 6, 2019

It shouldn't be an issue, but it should be disclosed. Not disclosing something that is unlikely to harm your chancs is a much larger issue.

1 Answer | Asked in Immigration Law for New Jersey on
Q: My girlfriend is currently on her 2nd year of Au Pair Program. Planning on getting married. Which forms we need to file?

She will be done with her program in August. She does not qualify for the 2 year residency so she is good to stay. Should we get married before her Au Pair Program ends so we can get ahead with all the paper filling or should we wait until she finishes her program?

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 6, 2019

Adjusting status on anything other than a K1 fiance visa is a complex process. There are several forms and supporting evidence which must be submitted perfectly to be successful. You should contact an experienced immigration attorney for assistance.

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