Recent comments

  • Has anyone ever been able to overcome a denial under INA 212(A)(3)(a)(ii)   2 years 39 weeks ago

    Hi,I'm Alejandro and a month ago I had my interview at CD.Juarez, well at my interview my visa was denied under this code 212(A)(3)(A)(II)because when I was 14 I got arrested twice for being in stolen vehicles. I had 3 felonies and 2 misdemeanors, since then I haven't committed any crimes. But the people who I got arrested with, they were involved with gangs. So the officer gave me a charge for gang involvement. At my interview, the officer that was interviewing me ask me if I had ever gotten arrested? And my notary told me that the charges I committed were not going to appear in my record because I was a minor. So I told him that I didn't. He got mad and he asked me again and I told him the same thing until he told me that I did got arrested before. In that moment my heart froze and I said to him that I did. So he gave me another appointment date. I went to my new interview and he asked me the same question and I told him that I did got arrested before and I apologize to him for lying, but then he asked me if I was involved with gangs because I had a charge involving that, I told him that I wasn't but he didn't believe me. Then he told me that He needed my police arrest reports from my arrests and the court documents regarding my charges for conspire to commit crime and participate in criminal street gang. But I was never in a gang or had never gotten arrested for being in a gang. Im 17 now and I live in mexico. And as you know my record is going to erase when I turn 18. Plus I did all this when I was a minor So I believe is not suppose to affect me. But it is? I lived 6 years in California, and I enter the US with a visa B-2. All my family lives in the US except me, my sister and mom. My family, mom and sister are legal residents except me :( My mom and my little sister need to be over there or else they could loose their residents visa, but they cant leave me here because Im disabled. I had an accident couple months ago and I cant 'walk' and I have no family here to stay with. So you think this could be reversed or appealed? PLEASE HELP ME! I would really appreciated Thank you for your time.

    ps

    This happen on Jan 4 2012,

    Also The immigration officer send me a letter after he received through DHL all my charges of my arrests. He replied through DHL telling me my visa was denied under the code 212(A)(3)(A)(II) this happen on Feb 14 so is not that long ago. Well I hope you can help me because I know there is something I can do.

  • Question regarding I-864   2 years 39 weeks ago

    Thank you very much for the quick reply. But do you think it is advisable to mention that she gets paid in cash by her employer (which is her aunt) in the cover letter.

  • Question regarding I-864   2 years 39 weeks ago

    Thank you very much for the quick reply. But do you think it is advisable to mention that she gets paid in cash by her employer (which is her aunt) in the cover letter.

  • F1 student   2 years 39 weeks ago

    An H1B visa is not an immigrant visa and doesn't necessarily result in residency. You have to apply for labor certification and an employment based immigrant visa which is something totally different. I would file an I-130 and get in the queue and then if you have an opportunity to pursue residency through employment later you can decide if it's worth pursuing that.

  • question about I-864-Affidavit of Support ?   2 years 39 weeks ago

    The income is based on your adjusted gross income. Your AGI must be 125% of the federal poverty guidelines for your household size.

  • Process in getting my girlfriend back from mexico   2 years 39 weeks ago

    She will likely need to apply for a waiver of the bar. You should probably file an immigrant visa petition for her now and then she will be pumped up in the queue once you obtain your citizenship. Please contact me if you would like assistance with this.

  • parents petition for married daughter   2 years 39 weeks ago

    They can petition for you but it will take a very long time--probably 8 years or more. Please contact me if you would like assistance applying for residency.

  • affidavit of support   2 years 39 weeks ago

    The affidavit of support does not require your husband to provide you with any support. This is essentially a contact between your husband and the government.

  • Wrong departure date on i-94   2 years 39 weeks ago

    She should not travel outside the U.S. until she has the travel document. It usually takes about 90 days to get this.

  • J-1 Visa Question   2 years 39 weeks ago

    Sorry I that is too complicated of a question for this forum.

  • H1B visa stamping - D160 form - First DUI   2 years 39 weeks ago

    Sorry, I can't help you with this. This question is too complicated and case specific to answer in this forum.

  • O-1 visa expiring next week   2 years 39 weeks ago

    These are tricky cases and I don't like to give specific answers to questions about maintaining status in this forum since there is so much involved and so much at risk. However, I will tell you that in most non-immigrant visa cases as long as you filed the petition prior to the expiration of your current I-94 you are protected from accruing unlawful presence for 120 days.

  • Question   2 years 39 weeks ago

    That's an entirely different ball game and I don't deal with specific questions related to employment visas in this forum.

  • derportation   2 years 39 weeks ago

    If you accrued more than 365 days of unlawful presence in the U.S. you would be subject to the 10 year bar. If you apply for a K1 visa you will have to apply for a waiver of this bar.

  • Changes allowed to G-325A form after person signs it?   2 years 39 weeks ago

    That should be fine. They generally aren't too picky about that and it is more important that it is correct. I am sure they have seen much worse.

  • Need to include copy of Beneficiary's entire passport in K1 petition?   2 years 39 weeks ago

    For the USCIS petition you only need to include the biographical page of the passport and any additional pages that may be needed to evidence the previous meeting. Let me know if this doesn't clarify things.

  • Question regarding I-864   2 years 39 weeks ago

    The joint sponsor should file his 2011 return so you can provide that. For some reason they ask for the previous year's return even though it is not yet due. With respect to your spouse you should submit whatever evidence you have of her income and then just explain in your cover letter that this is all you have an you are relying on the joint sponsor.

  • green card through employer processing   2 years 39 weeks ago

    Sorry I do not deal with employment-based immigrant visa questions in this forum.

  • J-1 Visa number   2 years 39 weeks ago

    Yes, it seems redundant because he is the petitioner and his information is already included. I think it is intended for other relatives but I always include the petitioner spouse here since that is what it asks for.

  • Amount of "how we met" detail and where to document it   2 years 39 weeks ago

    great, that's a nice picture of you and your fiancee.

  • Process in getting my girlfriend back from mexico   2 years 40 weeks ago

    I did not even realized this post was answered. Any information I recieve is so appericiated, thank u. She over stayed from 7/10 to 11/11. We r currently fixing her ticket she got n it should be all down to infraction, and I am very close to getting my citizenship. Please enlighten me in what is the best fastest route to take as if 10 yrs would just seem almost impossible.

  • Overstayed my visa in Argentina by 1.5 years   2 years 40 weeks ago

    no problem, phil. i hope george finally got him self sorted.
    i have an update on my situation which might be useful to george and any other people who get themselves in an unfortunate situation overseas. in my last message i told you that i was informed by the british embassy not to go in person to migraciones to to seek advice or pay the $300 fine but to pay on my way out of the country at the airport. my girlfriend who is a worrier went into the "ministerio del interior direccion nacional de migraciones" in rosario, santa fe to ask for advice about exiting the country just to make sure i didn't have problems at the airport. it put my mind at ease because there are far too many rumours and vague bits and pieces of advice flying around the internet about what to do when overstaying your visa and paying a fine. anyway migraciones told my girlfriend that we could pay here in rosario rather than in migraciones in BA or at the airport.
    in the end i actually went in person accompanied by my girlfriend to migraciones in rosario and paid the 300 peso fine. this contradicts my earlier advice but we were reassured by a good friend of my girlfriend who works in migraciones that i would not be detained as long as i paid the $300 fine. you can still pay at the airport by the way but i wanted to tell you of my experience at migraciones. just make sure when you do go to migraciones that you have a valid ticket out of the country and the $300 for the fine.
    - WARNING – make sure that if you don't speak spanish try to take someone with you who does! It will get you a long way. You will find especially in cities outside of buenos aires that not many people speak fluent english.
    the whole process of paying the $300 took just over an hour. to start with we waited until our ticket waiting number was called out then we talked to someone sitting behind a desk.. they asked for my passport, put some data in their computers, went away for just over 5 minutes and then came back and asked us to take a seat again. we then got given a document and were told to go and pay the 300 peso fine at a bank about 5 blocks away from migraciones and then come back. we got to the bank who stamped the document after we paid the money of course. that took no more than two minutes. we returned to migraciones as instructed and handed in the form. the guy behind the desk ripped the top section of the form off and handed it back to me and we took a seat once more. after about 10 minutes the guy called us back and we were told to go and a get a photo copy of the main part of my passport (photo, passport number, general details etc.) and the page which they stamped passport on entering the country. we did that at a general store over the road came back and handed the photo copy over. the guy went away and came back with a "habilitacion de salida" document and handed it to me. this is the document you need to hand in on the way out of the country to prove that you have permission to leave. that is essentially what you are paying the $300 for. he then told us i had ten days to exit the country (it also states this on the habilitacion de salida form)and we left. i am not sure what happens if you don't leave the country within ten days but i assuming you would have to pay the 300 peso fine again.
    anyway. that's it.
    i would just like to this say to anyone out there who is planning a long trip abroad.. be prepared with plenty of money and sense! good luck!

  • I-485: Difference between Passport and Birth Certificate   2 years 40 weeks ago

    Please delete or disregard this post. There was a misunderstanding; this is not actually a problem.

  • Question   2 years 41 weeks ago

    And if I want to stay here working, is that possible, and where do i have to aply for that chance of visa status, thanks for your helping

  • Amount of "how we met" detail and where to document it   2 years 41 weeks ago

    Okay, great. My fiancee and I have indeed already written our affidavits as you suggested and gave great examples of in your e-book.

    So in Question 18, after my summary answer, I will make reference to see attached documents.

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