Dear Brad, I am trying to help a friend out. He came to the U.S. on a visitors visa and got married to his Mexican wife, who also happened to be an undocumented immigrant. Twenty-three years later, can their son ( a college student) file a petition to grant them green card? They’re both established, own their home, and paid taxes the entire period till today. Is there a way for them to get a green card?
Brad: Yes their son can file for them both, provided they entered the United States on a visa or had an immigrant visa petition or labor certification filed for them before April 30, 2001. If they qualify, the case should take six months to get them a green card.
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Dear Brad, My wife entered on a K1 visa. We filed the travel docunment, work permit, and AOS I-485 at the MSC center. I got a notice in the mail that the AOS I-485 was tranfered to the Calif. Service Center for faster processing. How long is the processing time? Also, are we going to be interview because, I flew down to Guyana for the K1 interview.
Brad: It should be about three months or less at the California Service Center. If it was transferred to California, I doubt you will have an interview. Good Luck.
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Dear Brad, Have you ever heard someone being sponsered by a domestic partnership?
Brad: Yes.
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Dear Brad, What is the process for an i360 and what if the abusive spouse already applied for the i130?
Brad: It’s okay that the spouse filed an i-130. You have to prove a bona fide marriage and that your spouse abused you physically or emotionally.
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Dear Brad, I’m from Hungary, but my wife is an American citizen. She just filed for I-130 three months ago, but we are still waiting for the result. I’m in Hungary right now, and I have this problem: In 2000, I was in the U.S. with a visa B2 and I overstayed four-and-a-half years. I left in 2005 voluntarily, never had any immigration problems that time. Then I married in Canada in Nov. 2009, and I’m waiting for the interview by the consular. I’m sure they’ll deny my visa. Please let me know if we need help with that. What’s the chance they’ll let me go back into the U.S. and how long will it take?
Brad: You have a 10-year bar to re-entry into the United States because you lived in the U.S. illegally for more than one year after April 1, 1997. In order for you to get your green card, you will need a waiver based on extreme and unusual hardship to your wife.
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