Delaware Immigration Law Questions & Answers

Q: overstayed B1 visa (24 years). Left volunt. US in 2010. Does the 10 year bar apply. Can I get a waiver?

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 9, 2018
Carl Shusterman's answer
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 provisional I-601 extreme hardship waiver your foreign national spouse may not need to leave the United States to apply for the hardship waiver.

Immediate relatives can obtain a waiver of the...

Q: Hi, I am f1 visa OPT EAD and I have american business man wants to sponsor me green card. What are the requirements ?

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 9, 2018
Carl Shusterman's answer
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 recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position.

The employer must be prepared to hire the foreign worker on a full-time and permanent...

Q: Pregnant and giving birth in the states.

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 8, 2018
Carl Shusterman's answer
Yes, there could be a problem in you being readmitted to the US since you had a baby here on your tourist visa.

Q: I just got my LCA approved for my PREM application through EB2 green card application.

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 8, 2018
Carl Shusterman's answer
Yes, under section 202(b) of the INA, you should be able to use Pakistan as your country of changeability.

Q: my fiance got deported, she entered usa ilegaly once, no criminar records, can she enter usa in 5 or 10 years?

1 Answer | Asked in Immigration Law for Delaware on
Answered on Aug 15, 2016
Matthew J Hartnett's answer
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 around these bars to admission.

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

1 Answer | Asked in Immigration Law for Delaware on
Answered on Jan 21, 2016
Dawn Chere Sequeira's answer
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.

Q: marriage "deadline" for Employment based GC applcation

1 Answer | Asked in Immigration Law for Delaware on
Answered on Jan 21, 2016
Dawn Chere Sequeira's answer
If you can, get married before the I-140 is filed.

Q: Need help regarding my F2 to H4 visa..!!

2 Answers | Asked in Immigration Law for Delaware on
Answered on Nov 18, 2015
Shan Dimitris Potts' answer
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 apply for change of status before you go out of status, after all it is called "Change" meaning switching from one status to another. You were out of status since f2 so you might have some problems. Talk to a better...

Q: My father is a citizen of America. He got citizenship when I was still a minor. Can I claim citizenship?

2 Answers | Asked in Family Law and Immigration Law for Delaware on
Answered on Nov 8, 2015
Camlinh Nguyen Rogers' answer
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

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?

1 Answer | Asked in Immigration Law for Delaware on
Answered on Feb 6, 2015
Tanvir Joshi's answer
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 evaluations are often suggested by attorneys for families of I-601 clients because it is a credible evidence of how the fear of separation from family member has affected the qualifying relative...

Q: My Romanian wife left me after her and her son got their green cards. What can I do about this?

1 Answer | Asked in Immigration Law for Delaware on
Answered on Dec 29, 2014
Camlinh Nguyen Rogers' answer
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

Q: My mom became a citizen when I was 16 years old do I automatically become one as well

1 Answer | Asked in Immigration Law for Delaware on
Answered on Dec 4, 2014
Camlinh Nguyen Rogers' answer
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.

Q: Sevis Issue?

1 Answer | Asked in Immigration Law for Delaware on
Answered on Aug 2, 2014
Charles Snyderman's answer
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.

Q: Does principal applicant have to be remain present in usa when (follow to join applicants enter in usa?

1 Answer | Asked in Immigration Law for Delaware on
Answered on Jul 25, 2014
Charles Snyderman's answer
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.

Q: How can I get my green card back? Never convicted for sexual misconduct but held by immigration, Volenteered deportation

1 Answer | Asked in Immigration Law for Delaware on
Answered on Jul 13, 2014
Charles Snyderman's answer
Please consult with an attorney who specializes in this area of the law.

Q: can H1b Visa hoder buy stores like Gas station and hire some one else to run the store ?

1 Answer | Asked in Immigration Law for Delaware on
Answered on Jul 13, 2014
Charles Snyderman's answer
This is a highly specialized area of the law. You should consult with a lawyer with expertise.

Q: i received my 2 years Permanent Residence card about a month ago.

1 Answer | Asked in Immigration Law for Delaware on
Answered on Jul 13, 2014
Charles Snyderman's answer
Immigration law is a highly specialized area of the law, and I recommend that you consult with an immigration specialist.

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

1 Answer | Asked in Immigration Law for Delaware on
Answered on May 12, 2014
Charles Snyderman's answer
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 abuse due to a criminal activity in at least one of the following categories: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual...

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