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Questions Answered by Adan Vega
1 Answer | Asked in Immigration Law for New York on
Q: I've approved i140 from my previous employer and my current employer is still in the PERM process...can I file i485 now

if I want to file i485 using my previous employer then what form is needed from them to file my i485 now ?

Adan Vega
Adan Vega answered on Sep 30, 2020

You will need to contact the prior petitioning employer and ask if the job position stated in the FORM I-140 is still available to you and whether that prior employer is willing to re-hire you. You also must be willing to return to render the appropriate services with that prior employer. Once you... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I am a dependent in an asylum pending case. I fall in the C8 category.For my initial EAD, do I need to pay the fees?

Talking about the filing fees, because I do see there is an exception for the category C8 that the fee is not requested.

Adan Vega
Adan Vega answered on Sep 30, 2020

USCIS is instructing the following:

You must also pay the filing fee of $410 and an $85 biometric services fee, for a total of $495, if you are filing with one of the following eligibility categories: 

• (c)(8) Applicants with pending asylum applications requesting initial and renewal EADs;

1 Answer | Asked in Immigration Law for California on
Q: Planning to apply E2 and I am from Srilanka

If I process my E2 while I am in USA I know if I exit the country you will have to go to respective county USA embassy to get the visa again.will this rule apply for dependent as well or they can enter USA freely

Adan Vega
Adan Vega answered on Sep 27, 2020

As a citizen of Sri Lanka you can apply for the E-2 visa with USCIS if you are in lawful status and you can fulfill all of the requirements for a qualified investment in the U.S.

With certain exceptions, if you depart the U.S. you must visit the U.S. consulate in your home country to apply...
Read more »

1 Answer | Asked in Immigration Law for North Carolina on
Q: Should I apply for EAD/Advance Parole with I485?

MY PD became current in October Visa bulletin. I am planning to apply for I485.

I have h1 visa valid till Dec 12, 2020, but h1 petition is valid till 2023. I will go for visa stamping as I will be continuing my work in H1 until I get GC. Will applying i485 will impact my H1 stamping?... Read more »

Adan Vega
Adan Vega answered on Sep 27, 2020

The H-1B visa is a “dual intent” visa that allows you to express an intent to immigrate without jeopardizing the issuance of the non- immigrant H-1B visa.

As to the EAD and the advance parole document, you can request those documents from USCIS at the time you apply for adjustment of...
Read more »

2 Answers | Asked in Immigration Law for New York on
Q: I filed I130 for my husband on Nov 2019 .Its been a year yet not approved.What can i do about this?I am an LPR.

It’s in California service center.

Adan Vega
Adan Vega answered on Sep 27, 2020

You can check the official processing times in the USCIS website. Once the processing time has been reached you can call the USCIS 1-800 hotline for assistance. You can also contact the USCIS Ombudsman for assistance.

Good luck to you.

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1 Answer | Asked in Immigration Law for California on
Q: H-1B visa transfer and extension

I am on H-1B visa with company X and have decided to join a non profit healthcare organization who will be transferring my H1-B visa along with extension. Will it impact if I decide to switch to any other company at later point in time post successfull transfer? What are chances that my Visa... Read more »

Adan Vega
Adan Vega answered on Sep 26, 2020

Whether you can successfully “port” to another employer depends on multiple factors including the amount of time that you have been in H-1B status, if the job position is a specialty occupation, your background and qualifications, etc. The same factors will come into play when you decide to... Read more »

1 Answer | Asked in Immigration Law for Colorado on
Q: How can I get an EB-5 visa?
Adan Vega
Adan Vega answered on Sep 26, 2020

The EB-5 program allows for an immigrant visa for foreign investors who are willing to put $1.8 million into a business in a nontargeted employment area or $900,000 into a targeted employment area. The qualified investment project must create at least 10 permanent full-time jobs for qualified U.S.... Read more »

1 Answer | Asked in Immigration Law for Montana on
Q: Please help me get my boyfriend from Nigeria here for the holidays with my family. We have been dating a year and half.

Met online 3 years ago. Been dating over a year now. Never met. I want to get him here for the holidays with my family. 3 month visit.

Adan Vega
Adan Vega answered on Sep 25, 2020

Your boyfriend will need to apply for a non-immigrant B-1/B-2 visa at the U.S. consulate in Nigeria.

1 Answer | Asked in Immigration Law for Texas on
Q: A place for help with citizenship for senior dont speak English and doesnt have a lot income who can help her with fees
Adan Vega
Adan Vega answered on Sep 25, 2020

You can contact community organizations that can assist the applicant for naturalization such as Catholic Charities or NALEO. You can also contact law school legal clinics for assistance.

Good luck to you.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Hello, I'm filing for my citizenship an just wanted to know if I still have to provide my parent info even thou I'm 24?
Adan Vega
Adan Vega answered on Sep 25, 2020

You will need to provide information about your parents in PART 6, page 4 & 5 of the FORM N-400. If you omit this information, you risk that USCIS will return the filing as "incomplete".

1 Answer | Asked in Immigration Law for Florida on
Q: Can I travel to Hawaii being a deported Cuban? I was deported but Cuba doesn’t take me back so I have a work permit

I was deported by a immigration judge But being Cuban, Cuba didn’t take me back so I was left in the us under supervision, can I travel to Hawaii I have a state Id license, a social security and work permit.

Adan Vega
Adan Vega answered on Sep 25, 2020

If you are under supervision with ICE, I recommend that you discuss this issue with an ICE officer at the time that you report with ICE.

Good luck to you.

2 Answers | Asked in Immigration Law for New York on
Q: For marriage green card/adjustment status, do I need I-944? I entered as F1visa and married wit’s US Citizen.
Adan Vega
Adan Vega answered on Sep 25, 2020

USCIS announced that following the September 11, 2020, Second Circuit decision, it will apply the public charge final rule and related guidance in the USCIS Policy Manual to all applications and petitions postmarked (or submitted electronically) on or after February 24, 2020. Hence you will need to... Read more »

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2 Answers | Asked in Immigration Law for New Jersey on
Q: For marriage green card/adjustment status, do I need I-944? I’m exempt from Inadmissibility and maintained lawful status

I have prepared l-485, l-130/130A, l-864, and l-765

Adan Vega
Adan Vega answered on Sep 25, 2020

USCIS announced that following the September 11, 2020, Second Circuit decision, it will apply the public charge final rule and related guidance in the USCIS Policy Manual to all applications and petitions postmarked (or submitted electronically) on or after February 24, 2020. Hence you will need to... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Greencard renewal

I filed I-90 to renew my greencard. I went for my biometrics at the local uscis office last year. They notices I wrote my legal name differently (missing the married name) ie. Jane Ford instead of the legal Jane Ford Gordon. I explained to the officer there that I have made an error. I thought he... Read more »

Adan Vega
Adan Vega answered on Sep 24, 2020

You can submit an amended FORM I -90 and submit the divorce decree indicating your legal name.

Good luck to you.

2 Answers | Asked in Immigration Law for Ohio on
Q: Can I file I-485 when my spouse is traveling outside US?

Hi,

Me and my spouse have valid medical tests and the appropriate 485 paperwork done in the USA. Can I file I-485 with my spouse being outside USA?

Adan Vega
Adan Vega answered on Sep 24, 2020

Your spouse must be physically present in the U.S. if she/he wishes to file the FORM I-485 with USCIS. Moreover, your spouse must be eligible to adjust status with USCIS prior to filing the FORM I-485.

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2 Answers | Asked in Immigration Law for Texas on
Q: what type of visa is required for a immigrant to enter the country for the purposes of marriage to US citizen.

we are both over 60 and want to try and get this process over as quickly as possible

Adan Vega
Adan Vega answered on Sep 22, 2020

If you are intending to marry in the U.S. with a U.S. citizen then your future spouse should file the FORM I-129F with USCIS to initiate the process for requesting the K-1 visa. The K-1visa is issued at a U.S. consulate abroad.

Good luck to both of you.

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1 Answer | Asked in Immigration Law for California on
Q: How do I help my usa born cousin enter usa with just birth certificate and ssn

My course was born in CA but she was taken to Mexico at a very young age and her name was changed in mexico all her records and school records are in a different name but she has her us social security and birth certificate but she has not reentered the county because she is scared they won't... Read more »

Adan Vega
Adan Vega answered on Sep 21, 2020

Your cousin should apply for a U.S. passport with the U>>S consulate while abroad and prior to attempting to enter the U.S.

The birth certificate and the social security card will be helpful in the request for the U.S. passport.

Good luck to you and your cousin.

1 Answer | Asked in Immigration Law for Florida on
Q: Does a lawyer need to assist me with the I-130 after I file and complete it on my own?

I am re-filing for a parent. My lawyer said in order to re-file, I would need to start with an I-130, request a FOIA (EOIR) and resubmit an I-212. I just wanted to know if I can do the I-130 on my own that way it is less costly on my end.

Adan Vega
Adan Vega answered on Sep 21, 2020

In your case, you should consult with an experienced immigration attorney who can thoroughly outline all of your options for immigration benefits and what you can file with USCIS at this time.

The attorney can discuss with you whether the FORM I-212 is required.

The FOIA is always...
Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Form G-28

hi i have a question for you.

I have pro bono lawyer who is representing me filing form i-130, unfortunately, my lawyer did not ask me to sign the form g-28 and he already filed the form i-130. What happens in that situation? Will my application be processed or get rejected? please advise... Read more »

Adan Vega
Adan Vega answered on Sep 21, 2020

A filing with an unsigned FORM G-28 can be processed by USCIS as a pro se filing and the receipt will be sent directly to you. In the alternative, USCIS can deem the unsigned FORM G-28 as incomplete and return the entire package to you or your attorney.

1 Answer | Asked in Immigration Law for Florida on
Q: Immigration: Hi I received a new employment authorization card. My "cathegory" was changed from C09P

Is it a good sign? Does anyone knows what next if so? Thank you

Adan Vega
Adan Vega answered on Sep 21, 2020

The EAD with the CO9P classification indicates that you filed for adjustment of status and you have received employment authorization and an advance parole document.

The EAD with the new classification indicates employment authorization based under a different category. You can view the...
Read more »

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