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Delaware Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Delaware on
Q: overstayed B1 visa (24 years). Left volunt. US in 2010. Does the 10 year bar apply. Can I get a waiver?

I have a 21 year old son who is US born and lives there.

I lived in the US illegally for 24 years, no criminal record. Have bachelors and master's degree.

I have been outside the US for 7 years.

I want to return. I work for an American company and can transfer no problem.

Carl Shusterman
Carl Shusterman answered on May 9, 2018

Yes, you are subject to the 10-year bar.

Currently, immediate relatives of U.S. citizens who have accrued a certain period of unlawful presence in the United States are barred from returning to the United States for as long as 3 or 10 years if they leave the country. However under the...
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1 Answer | Asked in Immigration Law for Delaware on
Q: Hi, I am f1 visa OPT EAD and I have american business man wants to sponsor me green card. What are the requirements ?

I come across a business man, who wants to use my business knowledge and computer knowledge and he is willing to sponsor me green card on his business or personally.

is it possible for him to sponsor me green card through his company?

if yes, what are the requirements for his... Read more »

Carl Shusterman
Carl Shusterman answered on May 9, 2018

PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment.

To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other...
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1 Answer | Asked in Immigration Law for Delaware on
Q: Pregnant and giving birth in the states.

Im pregnant and in the states on tourist visa. I plan to give birth in the states upon doctors advice, since I have had two misscarriages and there are no good quality medical care in Liberia where I am from, but I will not be overtaying the 6 months I was given at immigration. I did not inform the... Read more »

Carl Shusterman
Carl Shusterman answered on May 8, 2018

Yes, there could be a problem in you being readmitted to the US since you had a baby here on your tourist visa.

1 Answer | Asked in Immigration Law for Delaware on
Q: I just got my LCA approved for my PREM application through EB2 green card application.

I am born in India when my parent were Pakistan citizens and vacationing to India. Do I qualify for Just pass through exception of cross chargeability of my Parents birth country ?

Carl Shusterman
Carl Shusterman answered on May 8, 2018

Yes, under section 202(b) of the INA, you should be able to use Pakistan as your country of changeability.

1 Answer | Asked in Immigration Law for Delaware on
Q: my fiance got deported, she entered usa ilegaly once, no criminar records, can she enter usa in 5 or 10 years?
Matthew J Hartnett
Matthew J Hartnett answered on Aug 15, 2016

It is most likely 10 years if she was ordered deported by an Immigration Judge while living in the USA. But I would consider talking with an immigration attorney because there may be a way to get her back sooner. Don't assume she has to wait 5 or 10 years because many times there are ways... Read more »

1 Answer | Asked in Immigration Law for Delaware on
Q: I studied English for 6 months. can I take vacation and stay in USA for 2 months then come back to study?F1 visa
Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

Your intent must match the visa that you apply for; many clients file for B visas and are denied. I advise you to retain counsel.

1 Answer | Asked in Immigration Law for Delaware on
Q: marriage "deadline" for Employment based GC applcation

I am in the process of employment based green card application (EB2). I am engaged and was wondering which step of the process is the "deadline" by which I have to be married to get the GC for my husband (to be) too? (PERM? I140 or I485?)

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

If you can, get married before the I-140 is filed.

2 Answers | Asked in Immigration Law for Delaware on
Q: Need help regarding my F2 to H4 visa..!!

Hi

Good morning

My husband was a student with F1 visa and I came to USA as his dependent on F2 visa... His OPT ended in April 2015 and he applied for H1 visa... Got an RFE in July 2015 and then his H1 got approved in Oct 2015..!!!

Now our lawyer forgot to file my h4 during... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Nov 18, 2015

1. Why are you not asking your lawyer all these questions?

2. Once your husband's h1b got approved your f2 is no longer valid so you were out of status after the day your husband's h1b got approved.

3. Your lawyer's mistake will not be accounted for, you should...
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2 Answers | Asked in Family Law and Immigration Law for Delaware on
Q: My father is a citizen of America. He got citizenship when I was still a minor. Can I claim citizenship?

The problem is I don't know his where abouts. But he is here in the United States. Can I still claim citizenship or apply for a green card?

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers answered on Nov 8, 2015

There are questions similar to your situation on our website. You can locate them at http://aba-us.com/other-services/?lang=en. Good luck. www.aba-us.com

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1 Answer | Asked in Immigration Law for Delaware on
Q: Should I do a psych eval for I-601 if I don't have any history of mental problems? Would this help or hurt my case?

My husband and I are working with a lawyer who suggested we do one.

Tanvir Joshi
Tanvir Joshi answered on Feb 6, 2015

Disclaimer: The following advice is for informational purposes only and should NOT be relied on as legal advice. No attorney-client relationship is formed through these questions and answers. Check our website http://www.joshilawfirm.com to contact us and discuss your case in detail.

Psych...
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1 Answer | Asked in Immigration Law for Delaware on
Q: My Romanian wife left me after her and her son got their green cards. What can I do about this?

We did argue like all marriages. I feel I was used for the purpose of her getting in the usa.

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers answered on Dec 29, 2014

If the marriage is not bona fide as you beleive, you can cause her to loose the green card. Good luck. www.aba-us.com

1 Answer | Asked in Immigration Law for Delaware on
Q: My mom became a citizen when I was 16 years old do I automatically become one as well

I need to know what I can do to be able to get some proof of citizenship something help

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers answered on Dec 4, 2014

The stated facts are insufficient to answer your question. Complete contact form with more details at http://aba-us.com/contact/?lang=en to learn how we could provide specific answers to your situation. Good luck.

1 Answer | Asked in Immigration Law for Delaware on
Q: Sevis Issue?

My opt expired july 15 and I was joining a university called A so I transferred my sevis records to that university. I had some issue with that university so I am planning to get into some other university called B. I have applied to B and am waiting for there acceptance or rejection. I wanted to... Read more »

Charles Snyderman
Charles Snyderman answered on Aug 2, 2014

Immigration law is a highly specialized area of the law, and only a few attorneys in Delaware have expertise. Unfortunately, you will probably not get an answer on this website, I suggest you contact an immigration lawyer directly.

1 Answer | Asked in Immigration Law for Delaware on
Q: Does principal applicant have to be remain present in usa when (follow to join applicants enter in usa?

Does principal applicant (father)have to be remain present in usa when (follow to join applicants) (wife and son)enter the USA? F3

Principal Applicant already entered usa before and returned to own country (india).

2. What proof should be kept with the joint applicants that... Read more »

Charles Snyderman
Charles Snyderman answered on Jul 25, 2014

Immigration law is a highly specialized area of the law. Not many attorneys practice immigration law. I suggest you schedule an appointment with an immigration lawyer.

1 Answer | Asked in Immigration Law for Delaware on
Q: How can I get my green card back? Never convicted for sexual misconduct but held by immigration, Volenteered deportation
Charles Snyderman
Charles Snyderman answered on Jul 13, 2014

Please consult with an attorney who specializes in this area of the law.

1 Answer | Asked in Immigration Law for Delaware on
Q: can H1b Visa hoder buy stores like Gas station and hire some one else to run the store ?

I am on H1b Visa, working in IT industry, and i want to buy stores like gas station or small franchises , and i want to hire some one else to run that store, i dont want to work in that store..is this legal in USA?

Charles Snyderman
Charles Snyderman answered on Jul 13, 2014

This is a highly specialized area of the law. You should consult with a lawyer with expertise.

1 Answer | Asked in Immigration Law for Delaware on
Q: i received my 2 years Permanent Residence card about a month ago.

i received my 2 years Permanent Residence card about a month ago and will be celebrate my 2 years wedding anniversary in a months time, when should i apply for 10 years Permanent Residence? do i have to wait until my current 2 years Permanent Residence card runs out or i can apply for the 10 years... Read more »

Charles Snyderman
Charles Snyderman answered on Jul 13, 2014

Immigration law is a highly specialized area of the law, and I recommend that you consult with an immigration specialist.

1 Answer | Asked in Immigration Law for Delaware on
Q: If I was threatened by someone they would kill me and we went to court and he was found guilty, can I apply for a U-visa
Charles Snyderman
Charles Snyderman answered on May 12, 2014

Is it possible for you to provide more details about what the person was charged with and what he was convicted of? As you probably know, there are different requirements that must be satisfied before an application can be submitted. The applicant must have suffered substantial physical or mental... Read more »

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