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Questions Answered by Dayna Lally
1 Answer | Asked in Immigration Law for Maryland on
Q: I am hoping to get married to my fiance in Honduras and I do not know how to file for a certificate of single status.

I am hoping to get married to my fiance in Honduras. He is a Honduran citizen and I am a US citizen, but we have been together for two years (I used to live in Honduras for two years). I looked into the requirements and know that I need to meet the following requirements: "Must provide a... View More

Dayna Lally
Dayna Lally
answered on Jun 13, 2019

You could file a Form I-129F, Petition for Alien Fiance, and marry him here in the United States within 90 days of his entry. For marriage information in Honduras, I suggest that you contact the U.S. Embassy in Honduras.

2 Answers | Asked in Criminal Law and Immigration Law for Tennessee on
Q: Adjustment of Status I-485 with arrest or criminal record and attorney fees

My petition for national Interest Waiver and has been approved. I was arrested on domestic violence charges after I received my approval. I am in the state of Tennessee and there is a law here called "retirement" meaning if I do not commit any crime, the case will be automatically... View More

Dayna Lally
Dayna Lally
answered on Jun 13, 2019

The I-485 specifically asks: "Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement officer (including but not limited to any U.S. immigration official or any official of the U.S. armed forces or U.S. Coast Guard)?

Since you have been arrested,...
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2 Answers | Asked in Immigration Law for Arizona on
Q: I am a US citizen and trying to marry an illegal immigrant will we have problems?

We live in Arizona what is the full process of getting married here?You

I am trying to get married. My boyfriend is illegal but has a passport and I have my ID..if we go to get the marriage license will we have problems? If not then once we have the marriage license will there be any... View More

Dayna Lally
Dayna Lally
answered on Jun 13, 2019

I agree with Attorney Avery that most states will allow the marriage. Whether you may encounter problems down the line depends on whether your boyfriend was inspected and admitted at his last arrival and whether he could be found inadmissible for criminal convictions, health-related grounds, etc.

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1 Answer | Asked in Immigration Law for New York on
Q: My current wage is 6% less than the PWL and priority date current soon, may I file 485 with year-end bonus? Thanks.

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Dayna Lally
Dayna Lally
answered on Jun 7, 2019

Generally, a bonus is not considered part of your annual wage because it is not guaranteed. You could apply for adjustment of status and have a "joint sponsor" complete an affidavit of support.

2 Answers | Asked in Immigration Law for California on
Q: Since 1995 i been waiting fir immigration interview. Finally yesterday i went to my interview.

Yesterday i had my interview, the immigration officer told me that my file look pisitive and like it. Then the immigration official told my lawyer if she submitted I864 form. My lawyer said yes but it was never found on my file. The immigration official told me lawyer everything looks pisitive... View More

Dayna Lally
Dayna Lally
answered on Jun 6, 2019

The I-864 is an affidavit of support. Most family-based immigrants and some employment-based immigrants are REQUIRED to submit this form as evidence that adequate means of financial support exist and the immigrant is not likely to rely on the U.S. government for financial support.

Depending...
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1 Answer | Asked in Immigration Law for California on
Q: Will a pending EB-3 application cause issues with filing for an I-485?

I am filing for my wife to gain her permanent residency. I am a Naturalize US citizen who served 4 years in the USMC(United States Marine Corps). My wife was in the process of doing her EB-3, but canceled it after we got married. We want to know if a pending EB-3 would cause any problems with... View More

Dayna Lally
Dayna Lally
answered on Jun 5, 2019

It shouldn't cause problems.

1 Answer | Asked in Immigration Law for California on
Q: USCIS made a mistake on my name on my greencard card. Will there be any problem if i travel internationally ?

My right name is “Maristela Bernadette Bulan Regatillo” but on my greencard they wrote “Maristela Bulan Regatillo Bernadette”. Will there be any problem if i travel internationally?

Dayna Lally
Dayna Lally
answered on Jun 4, 2019

You may experience problems traveling internationally.

If the USCIS incorrectly input your name on your existing green card, you should file an application to replace the card with the correct name. Note: If you file a Form I-90 to request replacement of your existing card, you will need...
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2 Answers | Asked in Immigration Law for California on
Q: I’m a US Citizen and want to petition my parents to come back into the US through me, how does it work?

We came into USA back in 1996 with a tourist Visa and overstayed illegally, I eventually became a US citizen. My dad left back to Argentina about 2012 or 2013 and my mom a couple of years later. How can I petition for them to come back through me? To become a Legal Resident. Will they need to ask... View More

Dayna Lally
Dayna Lally
answered on Jun 4, 2019

Were your parents part of the "we" that overstayed a tourist visa in 1996?

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2 Answers | Asked in Immigration Law for Texas on
Q: Looking for options to stay/work in US as L1A visa getting expired with EB1-I140 approved.

I am an Indian citizen, born in India, currently in US on L1A visa. This is my last year of visa extension and it expires in September 2019. My EB1-I140 is approved with priority date in April 2017. The Final action date for India EB1 has retrogressed to 01-January-2015 but "DATES FOR FILING... View More

Dayna Lally
Dayna Lally
answered on May 29, 2019

No, you must use the Final Action Dates chart in the Department of State Visa Bulletin for June 2019. You may only use the Dates for Filing chart if the USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas. The USCIS would... View More

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2 Answers | Asked in Immigration Law for South Carolina on
Q: I get married last September 2018 i was have issues with my sponsor i found another one i sent them after that I receive

I get married last September 2018 i was have issues with my sponsor i found another one i sent them after that I received appointment for interview it was 14/5 we going they separate us please note this is first interview then my wife the officer told here we will mail u within one week till now i... View More

Dayna Lally
Dayna Lally
answered on May 29, 2019

You can check the status of your application by entering your case receipt number in the USCIS online case status portal: https://egov.uscis.gov/casestatus/landing.do.

Did you submit your adjustment application (Form I-485) and application for employment authorization (Form I-765) in...
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2 Answers | Asked in Immigration Law for Michigan on
Q: When filling an i129 fiance visa.. does petitioner have to provide criminal record check or just a brief history of it

Like why it has happened. Doesnt the USCIS do there own background check.

Dayna Lally
Dayna Lally
answered on May 24, 2019

If you have been arrested or convicted for any of the following crimes (or an attempt to commit any of the following crimes), you must submit certified copies of all court and police records showing the charges and disposition for each arrest or conviction:

Domestic violence, sexual...
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