Immigration Issues/Visa process

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Question
Hi Mr. Sung I came to the united states illegally when I was six years old. I have been married to my husband who is a citizen and in the us army for almost two years now. Recently we submitted the form I 130 and already received response that our petition has been approved and we have now started the process with the department of visa, we paid the 88 dollars for the affidavit. My question is, my husband will be deploying to Afghanistan in August, will he have to be present for the remaining process? What is the remaining process for my case? Will I have to leave the united states to go to my country even when my husband is in deployment? Is there any way I don't have to leave the country? Thank you for your time.

Answer
Hello Jeimmy,

Below are your questions and my answers:

My question is, my husband will be deploying to Afghanistan in August, will he have to be present for the remaining process?

ANSWER: No he does not have to be present for the process.

What is the remaining process for my case?

ANSWER: Your case will be forwarded to National Visa Center for further processing, and after that is done, it will be sent to the US Embassy for an interview.

Will I have to leave the united states to go to my country even when my husband is in deployment?

ANSWER: It used to be that way, but there is a new rule that allows you to submit your waiver (I-601 waiver) in the US.  You should look up I-601 waiver on www.uscis.gov because you will need to learn how to prepare it if you are not looking to hire a lawyer to help you with it.  It is a complicated application.

Is there any way I don't have to leave the country? Thank you for your time.

ANSWER:  You don't have to leave the country for the process.

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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