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Huma Hanratty Kamgar

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 RECENT IMMIGRATION LAW QUESTIONS ANSWERED BY HUMA

 Is it true i don’t have any right here for my daughter because i come from Africa?

  • My husband is an American citizen, i am from Africa now here in America for 6 months but i am not happy at all. He lied me about many things that i found after reaching here and now i want to go back but with my daughter. I gave birth in kenya on …

    Huma’s Answer

    • on Jan 9

    In your situation, you have alot of rights and alot of help & support available to you in the United States. The question is how to find it and use it…Your situation is quiet common among migrant women who are new here and are dependent on their husbands who might be manipulative or outright abusive to them.

    I agree with my colleagues that you need t immediately consult with an attorney, an immigration attorney first to take care of your immigration status first. Then you can pursue other remedies through a family law expert to resolve marriage, divorce, child custody, alimony, and any child support issues.

    It is important to know if this man is the biological father of your daughter? What is your and your your daughter’s immigration status?

  • How does it impact my wife who is staying in US right now? Can she get asylum or some other visa because of our son?

    I was in US under L1 visa with my wife and son who was born in US. I came to visit Pakistan and my entry was denied when I was going back. Embassy informed that my visa has been cancelled. My wife and son are still in US.

    Huma’s Answer

    • on Jan 9

    More facts or probably a private consultation with an immigration attorney will be helpful in this case. Can your wife contact a lawyer by phone? Or in person to discuss all the details and a proper legal course of action?

    she can book on line a fifteen minute phone consultation with avvo advisor through my profile.

  • Should we need to file I94 extn if I130/485 checks are not cashed before current I94 expiry?

    We filed an I 130 and 485 for parents on B2 tourist visa. We got a rejection notice I797C (wrong addr. on the application) dated Nov 30 with receipt number. We sent documents back on Dec 30 but heard nothing back yet; the checks we sent are not ca…

    Huma’s Answer

    • on Jan 9

    You should retain an immigration attorney to do the work correctly for you to avoid unnecessary delays and complications. Or at least have an attorney review your paperwork before submitting it to USCIS.

  • Can my husband work as self employed without EAD? If the answer is no, can he do it while the status on his case is pending?

    Hello. My husbands employment authorisation is pending due to security check. He had been self employed before his EAD expired. Immigration lawer said that he does not need EAD in order to be self employed. We want to be sure about it.

    Huma’s Answer

    • on Jan 9

    If a person does not have EAD (employment authorization document) he or she cannot apply for a social security number to work with. However, if you do not have any EAD or any status, you can still visit IRS website and apply for a TIN (tax identification number) in order to conduct your own business or self- employment and report your income and pay your taxes.

  • Will I be able to join the military under deferred action documents?

    I have a work permit under the deferred action program. I am interested in joining the military and have always been. However, I’m not sure if my documents allows me to serve in the military. Is there anyway possible to serve without a bachelor’…

    Huma’s Answer

    • on Jan 9

    Generally, if a person is not a U.S. citizen, he needs to be a green card holder, i.e., a lawful permanent resident, to join the military.

  • I-485 further background check.

    On October 2014 I filed for AOS (I-485). My visa became available on August 2015 (I-140 EB2-NIW was approved). I followed up with USCIS (through congressman office) and in Sep 2015 I was informed that my case is with an officer and will receive an…

    Huma’s Answer

    • on Jan 9

    A secondary back ground check is certainly a concern. Which country are you from? You need a lawyer. Or at least talk to a lawyer. You can also arrange a 15 minute confidential phone consultation with any Avvo lawyer or with a specific Avvo lawyer.

  • 1) If the USCIS asks for additional documents and denies my amendment. Will my H1-B also gets revoked? Will I be asked to leave

    I have completed My masters in US and worked in OPT for 2 years. I was approved H1B for FY2015 with Employer A and client X for 3 years, my H1-B started on October 2015. I have relocated to different project to client Y in DEC 2015, as my pro…

    Huma’s Answer

    • on Jan 9

    More facts are needed to answer question 1.

    As for question 2 the answer is YES. You can apply to change status from one non-immigrant visa to another non-immigrant visa with few exceptions. But you must apply while your current visa status is still valid. That’ s the key factor among other requirements.

  • Will perm be still valid if I switch back to same company

    Hello experts, I joined a company A and they initiated my PERM approval but in middle I had to leave and join company B and now I am planning to join back employer A. Do they need to start from beginning ? Or they can continue from where they lef…

    Huma’s Answer

    • on Jan 9

    More facts are needed to ascertain an answer to this question. Timing and days lapsed for each PERM filed, whether I-140 filing stage was ever reached, was the second PERM with company B approved? any other actions taken by you or either company A or B?

  • Will my I-94 record will generate on bases of visa or passport???

    I have entered in usa on august 8th 2015 on F1 visa due to some health problems i have withdrawn my admission and i went back to India. Later i have done my visa on another university and my old visa got “can-celled without prejudice “. And i …

    Huma’s Answer

    • on Jan 9

    Just apply for a new I-94 through USCIS website :

    https://www.uscis.gov/i-102

  • Can i get engaged to my love before my interview

    hello dear sir i have a really important question, my parents sponsored me fora green card and i have an interview in India After Two Months, actually i love a girl and she’s in india we study together i want to get engaged to her is it okay for m…

    Huma’s Answer

    • on Jan 9

    How old are you now?

    getting married will move your immigration petition to a different longer category.

    however, getting engaged is not same as getting married. If you want to get engaged its fine and visa will not be denied because you are engaged. you should be honest to the visa officer. good luck.

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