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Questions Answered by Adan Vega
2 Answers | Asked in Immigration Law for Washington on
Q: How long is the 1-130 approval valid for before submitting the DS 160? Does it expire?

Due to a lot of delays, it takes a while before I get to complete all the requirements needed for submission.

Adan Vega
Adan Vega
answered on Nov 13, 2021

Apparently, you are intending to process the case with the NVC and the U.S. consulate by filing the DS-260. The approval of the relative petition (FORM I-130) can be “cancelled” by the National Visa Center (NVC) if you fail to maintain contact with that agency and you allow a year to lapse.

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3 Answers | Asked in Education Law and Immigration Law for Wisconsin on
Q: Hey I’m Moh, I was a student. I left the school for financial problems during Covid hit. My sevis has been canceled.

I have a girl friend and looking forward to get married soon, what’s the procedure? I haven’t take any steps further yet

Adan Vega
Adan Vega
answered on Nov 9, 2021

A U.S. spouse will be able to file with USCIS the FORM I-130/I-130A on your behalf.

You can also add the FORM I-485 and request the adjustment of status in that you have a lawful entry into the U.S.

There are other important forms that need to be added to complete the process and...
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3 Answers | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Which work Visa do I need as a Bangladeshi citizen to work @ a Coffee business in Boston MA. They are my ex UK employer.

Dear Sir/Madam,

I am from Bangladesh, I recently received job offer from an employer in US and I would like to know what's the procedure for Bangladeshi citizens to be able to meet the immigration requirements. I will be working at a Coffee chain shop in state of Massachusetts which I... View More

Adan Vega
Adan Vega
answered on Nov 7, 2021

Depending on several factors including the ownership of the business entities, the job position and duties in the UK and in the prospective USA position, you may be eligible for the L-1A or the L-1B visa. You and your prospective employer can explore these issues with an experienced and qualified... View More

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2 Answers | Asked in Immigration Law for New York on
Q: Hi iam an us citizen want to petition for my wife but i have 2 kids who are minor do i have to file separate petition
Adan Vega
Adan Vega
answered on Oct 30, 2021

As a U. S. citizen you must file a relative petition for each child that is your step-child or biological child that is not a resident or U.S. citizen.

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3 Answers | Asked in Immigration Law for California on
Q: How long until I can apply for citizenship after being married to a United States citizen

I’ve married a US Citizen and I barely got my permanent resident card in July 2019

Adan Vega
Adan Vega
answered on Oct 28, 2021

You can submit the FORM N-400 with USCIS after you have been issued lawful permanent status and you have been married to a U.S. citizen for at least the period of 2 years and 9 months.

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4 Answers | Asked in Immigration Law for Georgia on
Q: my husband recently applied for citizenship. can i send my petition form now to be permanent resident ?

his application is still processing. do i wait till he becomes a citizen or can i go ahead and send in my petition form?

Adan Vega
Adan Vega
answered on Oct 19, 2021

If you are in lawful non- immigrant status, you can file the FORM I-485 and the FORM I-130 based on a lawful permanent resident spouse. If you are not in lawful non- immigrant status then you must wait until your spouse obtains U.S. citizenship.

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3 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I travel internationaly during the last 90 days of my cond residency without having filed for removal of conditions?

My conditional greencard expires in January 20, 2022. I have a scheduled international trip on November, 5 2021 (less than 90 days before expiration of Conditional green card). I wont be able to file for removal of conditions before that. I am planning to file when I came back by the end of... View More

Adan Vega
Adan Vega
answered on Oct 8, 2021

The USCIS receipt notice of the FORM I-751allows you to travel abroad beyond the expiration of the conditional resident card. Without the I-751 receipt notice , you must complete your international travels prior to January 20, 2022. Depending on the international location of your destination,... View More

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3 Answers | Asked in Immigration Law for Texas on
Q: Do we have to wait after our marriage to file for a marriage based green card

We got married about 3 weeks ago after me being here for 8 months as a student. Is there a waiting period before filing?

Adan Vega
Adan Vega
answered on Sep 9, 2021

As a U.S. citizen or resident you can file the FORM I-130/I-130A with USCIS once you marry a foreign national.

If you are a U.S. citizen and your spouse entered the U.S. lawfully, then the FORM I-485 can be filed concurrently with the FORM I-130, relative petition.

There is no...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: My parents just migrated to US and have a green card; can they sponsor my brother as well?

Hello,

I have sponsored my parents and my brother green card. My parents were able to get immigration visa and now in US with green card; however, my brother is not considered close relative, therefore, his visa can take up to 10 years; Question: can my parents sponsor him now as well as... View More

Adan Vega
Adan Vega
answered on Jul 12, 2021

One of your permanent resident parents can file the FORM I-130 on behalf of your brother IF he is unmarried.

If that process is possible, your brother will be classified in a different category ( F2A or F2B) than the F4 and the issuance of the immigrant visa may occur at an earlier time.

1 Answer | Asked in Employment Law and Immigration Law on
Q: What is the success rate for persons applying under employment visa?

If the company applies for their employee. What would be the success rate?

Adan Vega
Adan Vega
answered on Jul 5, 2021

The success rate that you are referencing in your posting depends on multiple factors :

• the employer’s ability to pay the prevailing wage

• the job duties and job requirements

• the availability of an American worker who is able, willing, and qualified for...
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1 Answer | Asked in Immigration Law on
Q: If I have a PR in Canada, can I apply for US PR?
Adan Vega
Adan Vega
answered on Jul 4, 2021

Permanent resident status in Canada is not a prerequisite to acquiring resident status in the U.S. You will need to explore your eligibility for a (1) non -immigrant status or (2) an immigrant status based on a family petition or employment petition.

An experienced immigration attorney can...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: I am separated from my US CITIZEN husband and applied for conditional green card renewal without him

Do i need affidavit of support

Adan Vega
Adan Vega
answered on Jul 4, 2021

An affidavit of support is not required when you file the FORM I -751 to change your conditional status to permanent resident status. However, you will need to submit evidence of your marriage to your U.S. citizen husband.

1 Answer | Asked in Employment Law and Immigration Law on
Q: I want to apply to work in the US at a company and hopefully lead to having a permanent resident. What is the process?

I have a work permit in Canada. Can I exchange it for a US?

Adan Vega
Adan Vega
answered on Jul 4, 2021

First, you will need to obtain a job offer with a company doing business in the U.S. Second, the prospective employer must also be willing to assist you with the process of obtaining the appropriate visa to be lawfully employed in the U.S.

Please note that the Canadian visa is not...
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1 Answer | Asked in Immigration Law for Texas on
Q: Is 24 weeks & counting normal for biometrics in Houston Texas for AOS for immediate relatives of US citizen?.
Adan Vega
Adan Vega
answered on Jul 2, 2021

The short answer is no.

You need to contact USCIS and follow up.

Good luck to you.

1 Answer | Asked in Immigration Law for California on
Q: When will I get my US citizenship?

If I marry a green card holder (who just got her employment based green card), assuming everything goes well, will I get my US citizenship along with her 5 yrs from now? OR in 5+3 = 8 yrs from now? Both of us are Indians. (I know there are plenty ifs and buts here, but assume there are no hiccups).

Adan Vega
Adan Vega
answered on Jun 27, 2021

You are presenting a scenario that requires numerous suppositions.

IF you marry and IF you are in status and IF the visa is available (see the visa bulletin) you can apply for adjustment of status.

IF you remain married to your resident spouse and IF you are not deportable and IF...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: was born in canada and have canadian pasport. bin in the us since i was 5 and have a green card perminent resident. also

bin married for over 30 years to my wife who is a born in the us and an american citizen. do i have to take a citizenship test ?

Adan Vega
Adan Vega
answered on Jun 9, 2021

The information that you have posted indicates that you appear to be a permanent resident

and not a U.S. citizen.

You will need to file the FORM N-400 with USCIS if you wish to obtain U.S. citizenship. The FORM N-400 will provide you with information regarding eligibility for...
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2 Answers | Asked in Immigration Law for Connecticut on
Q: Hello, Thank you for your time :)

my father lives in Greece, is Georgian citizen. I am applying I-130 for him, how should I answer the question Was the beneficiary EVER in immigration proceedings? as he has never been in states, but he has been an lawful residence in Greece . And never had any issues with immigration in Greece .... View More

Adan Vega
Adan Vega
answered on Jun 1, 2021

The questions in #53 and #54 in Part 4 of the

FORM I-130 are inquiring about proceedings in the U.S.

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2 Answers | Asked in Immigration Law for Illinois on
Q: Soy ciudadana americana.. me fui a Guatemala y me casé, tengo un hijo de 5 años y me los quiero traer legalmente a Usa

Como le puedo hacer para traérmelos legalmente a Usa? A mi mamá la deportaron hace 10 años, ya cumplió su perdon de 10 años y quisiera pedirla también.. que tengo que hacer para traerme a los 3 legalmente a Estados Unidos? A mi esposo e hijo y a mi mamá.. por favor alguien que me ayude!!

Adan Vega
Adan Vega
answered on May 31, 2021

Usted tiene 3 casos diferentes. Desafortunadamente no está dando suficiente información. Por ejemplo, si usted era ciudadana americana cuando nació su hijo, posiblemente el también lo es. Le recomiendo hablar con un abogado de inmigración para poder hacer un análisis mucho más profundo en... View More

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2 Answers | Asked in Immigration Law on
Q: Hello. I would like to ask a question about the approval of an immigrant visa

I plan on filing a petition for my parents. However, I am afraid that it might get denied because of my work history. I haven't had a long term job for the past two years because I move from one job to another multiple times. Will USCIS consider my work history as a factor of approval?

Adan Vega
Adan Vega
answered on May 23, 2021

As the petitioner of the FORM I-130 on behalf of each of your parents, you will have to submit the FORM I-864 and demonstrate your income. If your income is below the required threshold you will need a co- sponsor.

An experienced immigration attorney can assist you with planning the proper...
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3 Answers | Asked in Immigration Law for Ohio on
Q: My fiancee lives in Honduras. What do I have to do to get her and her daughter to America?
Adan Vega
Adan Vega
answered on May 22, 2021

If you are a U.S. citizen you can file the FORM I-129F on behalf of your fiancée and her daughter. You can read the instructions to that form or visit with an experienced immigration attorney for guidance and assistance.

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