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2 Answers | Asked in Immigration Law for New Jersey on
Q: Hello, am a US citizen, I filed I-130 for my brother 9 years ago ,when should I expect the process to start? Thank you.
Adan Vega
Adan Vega
answered on Sep 5, 2020

If you view the Visa Bulletin for SEPTEMBER 2020, you will note that a sibling visa is available for those who have a priority date of 9/22/06 ( except for India, Mexico, and the Philippines). If you filed the sibling FORM I-130 nine years ago, the visa is not yet available.

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2 Answers | Asked in Immigration Law for Indiana on
Q: What would be the reasons there is a deficiency in the filing? Could you re submit?
Adan Vega
Adan Vega
answered on Sep 4, 2020

An omission of page of a submitted form, improper payment, or use of an expired form will cause a rejection. You can resubmit once you correct the error.

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2 Answers | Asked in Immigration Law for Tennessee on
Q: My green card is slightly damaged. I am about to apply for citizenship. Will USCIS make me file for a replacement first?

The A-number etc is still readable and I have color copies of it.

Adan Vega
Adan Vega
answered on Aug 31, 2020

A damaged resident card will not disqualify you from applying for naturalization. You can proceed to apply if you are otherwise eligible to submit the FORM N-400.

Good luck to you.

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1 Answer | Asked in Immigration Law on
Q: My wife file I-130 she is green card holder PD November 15 2019

I have questions on August 20 date changed

your benefit request has been accepted. How long to get approval

Adan Vega
Adan Vega
answered on Aug 25, 2020

The priority date in the F2A category in your case was established at the time of filing the FORM I-130 with USCIS. You now need to check the visa availability in the monthly Visa Bulletin published by the State Department if you are consulate processing. If you are proceeding to apply for... View More

2 Answers | Asked in Immigration Law for New York on
Q: Physical presence count for filing N400

Hello!

I have my green card since 03/25/2015. I have 30 months (913 days) of physical presence over the past 5 and a half years but not over the immediate 5 years from today’s date backwards. Does this disqualify me for filing?

Immihelp’s eligibility calculator counts all the... View More

Adan Vega
Adan Vega
answered on Aug 21, 2020

The Physical Presence rule for applying for naturalization requires that applicants show that they were:

Physically present in the U.S. for thirty months within the five year period before applying ( Note: the rule is different if you have been married to a U.S. citizen for the past 3...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Apply Green Card on EB-5 Investor program.

I am from India and I am planning to lease a business on H4 EAD and have 10 full time employees. My friend who is an american citizen will be a partner who is the actual owner of the business. Am I eligible to apply for Green Card based on the business documentations and my friends properties,... View More

Adan Vega
Adan Vega
answered on Aug 20, 2020

EB5 visas are available to immigrant investors who engage in new commercial enterprises that benefit the U.S. economy through job creation and capital investment.

To qualify as an immigrant investor in the EB5 program, a foreign national must invest, without borrowing, the following...
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4 Answers | Asked in Immigration Law, Adoption and International Law for Kentucky on
Q: I'm engaged to an Ukrainian and am trying to figure out how to get her Green Card after we marry.

The marriage will take place in Ukraine. We anticipate this to be early next year. She also has two children under the age of 18 that I eventually would be adopting.

Adan Vega
Adan Vega
answered on Aug 20, 2020

If you are a U.S. citizen you can file the FORM I-129F and request the K-1 on behalf of your fiancee. The two children will be eligible to apply for the K-2 visa.

If you marry abroad, you will have to file the FORM I-130 with USCIS for each of them.

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3 Answers | Asked in Immigration Law for Massachusetts on
Q: Hi, i am Tina a Immigrant that came here on a visiting visa. I need a lawyer. Can you help represent me?

I came been here since 2016 got married but i am living here without a document. I live in Worcester Massachusetts

Adan Vega
Adan Vega
answered on Aug 20, 2020

You should contact an experienced immigration attorney to assess your options and to determine if you are able to request an adjustment of status based on your marriage.

Good luck to you.

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4 Answers | Asked in Immigration Law for Florida on
Q: When submitting form I-485 do we also send documents proofing relationship?

Hello, my American citizen husband and I got married back in June of 2018 here in Florida, right after we got married, we sent the form I-130 only, together with a lot of documents and photos that proof our relationship through the years we’ve been together, it took a whole year to get approved,... View More

Adan Vega
Adan Vega
answered on Aug 16, 2020

You can present the FORM I-485 To USCIS with the approval of the FORM I-130 and evidence of your marriage dating from the time of the filing of the relative petition. You can file the FORM I-765 and possibly the FORM I-131 if you have not accumulated more than 180 days of “ unlawful presence”.... View More

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2 Answers | Asked in Immigration Law for California on
Q: Hi! I am a U.S. Citizen and I want to bring a guy from India to California to get married. How long will it take?

I am not sure about the appropriate paperwork, and what else he needs to do from his side, since the Indian Embassy is closed?

EDIT: I have not met him! If COVID didn’t happen, I would have gone to India, However my parents cannot make the long trip. So we need another way to bring him... View More

Adan Vega
Adan Vega
answered on Aug 15, 2020

You can file the FORM I-129F with USCIS to request the fiancé visa. You will need to present evidence that you have met your fiancé within the past two years. Once the petition is approved by USCIS, the K-1 visa is issued at the U.S. consulate in the home country of your fiancé. The process can... View More

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1 Answer | Asked in Immigration Law for Maryland on
Q: Currently have DACA, experienced domestic violence (it was a huge case taken to court) wondering if I qualify for VAWA?

And if VAWA would be better than DACA?

I’ve done some research but haven’t found anything for people in DACA situation.

Thank you in advanced

Adan Vega
Adan Vega
answered on Aug 12, 2020

If you have been battered or subjected to extreme cruelty by a a U.S. citizen or LPR spouse or parent , you may be eligible for VAWA. If the VAWA request is granted by USCIS, you may also be able to obtain resident status.

DACA on the other hand is a temporary protection from deportation...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: How can i change the status of my now married sister for I-130.

I filed for my sister when we was unmarried. But now she is married and has a child. How can i change the status of her application and add her spouse and child? I only received a receipt number.

Adan Vega
Adan Vega
answered on Aug 12, 2020

You and your sister can announce the additional derivative family members when the case is approved by the USCIS and is forwarded to the National Visa Center.

Good luck to you.

1 Answer | Asked in Business Formation, Business Law and Immigration Law for Georgia on
Q: I'm running a small business online and I'm looking to hire a helper. However my immigration status is pending I-485.

I already received an EAD. What should I proceed? Do I need an LLC? Can I hire someone (with my immigration status stated above)? Thank you!

Adan Vega
Adan Vega
answered on Aug 11, 2020

The employment authorization document (EAD) issued to you by USCIS authorizes your lawful employment while you await the adjudication of the FORM I-485. You can register an LLC if you are able to fulfill all of the state requirements of the state where you intend to operate your business. You can... View More

1 Answer | Asked in Immigration Law for Nevada on
Q: Can I get advance parole if I’m undocumented in order to get a green card? I don’t have daca
Adan Vega
Adan Vega
answered on Aug 10, 2020

If you have been undocumented for more than 180 days and you have managed to file for adjustment of status, I recommend that you do not request an advance parole document. You can travel abroad once you have received your permanent resident status.

Good luck to you.

2 Answers | Asked in Immigration Law and Child Custody for Florida on
Q: Minor is U.S citizen parents moved to Mexico with minor at age 1.Now minor would like to come back to U.S. what isneed?

Does minor need a guardian or power of attorney? From Mexico or US ? What is the process ?

Adan Vega
Adan Vega
answered on Aug 10, 2020

If the minor is in fact a U.S. citizen then a U.S. passport can be requested to allow entry into the U.S. with such document.

You may also want to check with the legal requirements in Mexico for a minor to be allowed to travel from Mexico to the U.S.

Good luck to you.

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1 Answer | Asked in Immigration Law for California on
Q: How can i apply for a 3 months extended stay on a B-1 Visa?

I was given 6 months to stay in the country which will be up on September 7, 2020. I am a diabetic and heart patient which makes me high risk for contracting the Coronavirus. I would like to wait until the end of the year to travel back to Belize. Is it possible for me to get my stay extended... View More

Adan Vega
Adan Vega
answered on Aug 5, 2020

You can file the FORM I-539 with USCIS and explain the reason why you are requesting additional time to remain in the U.S.

You will need to file the FORM I-539 prior to the expiration of your current status on September 7, 2020.

Good luck to you.

1 Answer | Asked in Immigration Law for New York on
Q: I am an Indian currently on H1B visa. I would like to know how long will it take for I-140 to be approved.
Adan Vega
Adan Vega
answered on Aug 4, 2020

You can view the official processing times for the FORM I-140 by visiting the USCIS website.

You can also request premium processing of the FORM I-140 by filing FORM I-907 with USCIS.

1 Answer | Asked in Immigration Law for New York on
Q: someone who came from another country to NY as a visitor and their stay expires 09/12/20 - what do they need to do?

They do not want to get in any trouble by overstaying and not being welcome back to the US - please advise

Adan Vega
Adan Vega
answered on Aug 4, 2020

The visitor from another country can (a) file the FORM I-539 with USCIS and explain the need to remain in the U.S. beyond 09-12-20 or (b) depart the U.S. prior to the end of the B-1/B-2 status.

2 Answers | Asked in Immigration Law for California on
Q: If Affirmative asylum seeker received a final denial of his claim/case - what options he/she has after (June) changes?

1. If Affirmative asylum seeker received a final denial of his claim/case from asylum officer after the interview, will Affirmative asylum case automatically be “referred” to the Immigration Court?

2. Can asylum seeker with denied case still appeal to an independent body in Falls... View More

Adan Vega
Adan Vega
answered on Jul 29, 2020

1. If the asylum request is not approved by the Asylum Office and you have a valid underlying status that is unexpired then the case may not be referred to the immigration court. If you do not have an underlying valid status then the case will be referred to the court.

2.You can appeal a...
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1 Answer | Asked in Immigration Law for New York on
Q: An i-130 application was filed and approved for an adult 30yrs old

The application was filed by his mother a US citizen. The case is now going through the NVC process. My question is as a result of the freeze on visas and green cards that went into effect in June will the person be affected by it? I looked at the proclamation and it say spouses and children of U.S... View More

Adan Vega
Adan Vega
answered on Jul 26, 2020

The proclamation issued this past June 2020 does not allow an exemption for F1 or F3 categories. The unmarried 30 year old is in the F1 classification.

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