Immigration Law Questions & Answers by State

Immigration Law Questions & Answers

Q: married with a US citizen. What can i do to fix my status?

1 Answer | Asked in Immigration Law for California on Jul 7, 2014

Answered on Jul 21, 2014

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Nasir Khan Esq.'s answer
Hello there,

Boy, it sounds like you've been put through the ringer. The first thing I would recommend would be to order your immigration court and arrest records to see if any irregularities might allow you to re-fight your case. Beyond that, you might be able to take advantage of some immigrant visas and waivers, but your multiple reentries and deportations do pose a serious problem. You definitely need an attorney, so consider consulting with one for a full analysis of your...

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Q: Can I work even if my permanent residence card is expired...

1 Answer | Asked in Immigration Law for California on Jul 8, 2014

Answered on Jul 21, 2014

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Nasir Khan Esq.'s answer
Hello there,

If you're going for citizenship, I always recommend you have a valid, renewed green card before doing so- that way, there's no problems regarding your green card's validity at the interview. If you've had your green card for 5 years though, and you're crime free, you are qualified for citizenship- it's just a question of getting all your evidence in order. Consider consulting with an experienced immigration attorney on how to move forward. To answer your other question...

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Q: We are getting a divorce. How Can I get a greencard.

1 Answer | Asked in Immigration Law for California on Jul 14, 2014

Answered on Jul 21, 2014

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Nasir Khan Esq.'s answer
Hello there,

I'm terribly sorry to hear about your divorce. Your case sounds much like one I had last year, where the spouse was promised a green card, but one was never filed as a means of control. If that happens to be the case in your marriage, then you might qualify for various forms of relief. To discuss the full extent of what those might be, consider consulting with an experienced immigration attorney so that you can tell your story in it's entirety, and the attorney can then...

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Q: how do i write an explanation that establishes my failure to persue my immigrant visa application?

1 Answer | Asked in Immigration Law for California on Jul 14, 2014

Answered on Jul 21, 2014

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Nasir Khan Esq.'s answer
Hello there,

What do you mean you failed? Were you supposed to pursue one? This typically happens with K-1 fiancee visa holders who do not file in time. If that's the case, you'll want to fully explain your situation, whatever that happens to be. The evidence may change depending on your circumstances, so I would encourage you to consult with an attorney to decide the best course of action, and what evidence you'll need to succeed.

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Q: My boyfriend intended to came into United States illegal and got detained. What can I do?

1 Answer | Asked in Immigration Law for Texas on Jul 18, 2014

Answered on Jul 21, 2014

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Nasir Khan Esq.'s answer
Hello Texas,

Did he just cross in the most recent wave, or has he been here for a while? Depending on when and how he crossed, and the circumstances which led him to do so, he may be eligible to remain in the US. Consider consulting with an experienced immigration attorney for a more complete analysis of his current options. It may be possible that he has a case, and that he's eligible to be bonded out and fight it from outside of detention.

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Q: I'm a permanent resident here in the US. How can i bring my girlfriend and children over here in the US?

1 Answer | Asked in Immigration Law for Nevada on Jul 17, 2014

Answered on Jul 21, 2014

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Nasir Khan Esq.'s answer
Hello Nevada,

Largely, you'll want to file immigration petitions for them (I-130s). They'll likely process through US consulates in their home country, but to ensure proper filing and processing, consider consulting with an experienced immigration attorney first before taking further action.

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Q: I am Syrian and applied for asylum I am on notice of hearing in removal proceedings can i travel for my business?

1 Answer | Asked in Immigration Law for North Carolina on Jul 20, 2014

Answered on Jul 21, 2014

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Nasir Khan Esq.'s answer
It depends on your current status. You might be able to get a travel permit (domestic? International?), but it would depend on where, for how long, and for what purpose. You don't present enough facts here to say yes or no, so consider contacting an experienced immigration attorney for a more complete consultation.

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Q: i have a green card since 2005 and it will get expire in 11 months i want to know what should i do to renew?plz help me

1 Answer | Asked in Immigration Law for California on Jul 19, 2014

Answered on Jul 21, 2014

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Nasir Khan Esq.'s answer
Hi there,

If your green card is expiring, you can file form I-90 to renew it. That said, you should only do so if 1) you don't have any other issues (like criminal convictions, etc.) which might prevent you from successfully doing so, or 2) you're not within the right time-frame for doing so. To make sure that now is the best time to file and to avoid any complications with the process, consider contacting an experienced immigration attorney for a consultation.

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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 Jun 26, 2012

Answered on Jul 13, 2014

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Charles Snyderman's answer
Please consult with an attorney who specializes in this area of the law.

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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 Jun 29, 2014

Answered on Jul 13, 2014

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Charles Snyderman's answer
This is a highly specialized area of the law. You should consult with a lawyer with expertise.

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

1 Answer | Asked in Immigration Law for Delaware on Jul 9, 2014

Answered on Jul 13, 2014

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Charles Snyderman's answer
Immigration law is a highly specialized area of the law, and I recommend that you consult with an immigration specialist.

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Q: My case is in 9th circuit and my lawer is retired what should i do

1 Answer | Asked in Immigration Law for California on May 20, 2014

Answered on May 25, 2014

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Mr. Floyd James Fernandez's answer
You need to get a new lawyer, and have him request the Court for an extension of time before the time period for filing a petition for review or, if already filed, the time period for filing a brief (a long document arguing your case), has expired.

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Q: I am a citizen and my husband is from mexico hes been here since 2007 can I ask for a petition for him ?

1 Answer | Asked in Immigration Law for Georgia on May 20, 2014

Answered on May 25, 2014

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Mr. Floyd James Fernandez's answer
Unfortunately yes. With your husband having lived in the U.S. illegally for more than a year when he left to tend to seriously ill family in Mexico for 7 months, he violated Section 212(a)(9)(C)(i), which means that he has a permanent bar from being able to even ask permission to obtain a waiver of his inadmissible status, unless he waits 10 years outside the U.S. He does, however, have the option of asking for an extraordinary relief from USCIS called, 'nunc pro tunc' relief, where you waive...

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Q: Is a class E felony for a DUI deportable

1 Answer | Asked in Immigration Law for New York on May 20, 2014

Answered on May 25, 2014

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Mr. Floyd James Fernandez's answer
Yes, if your DUI, upgraded by either the seriousness of the offense, or by an enhancement due to your committing the offense before, does leave you deportable as having committed an felony involving alcohol or controlled substance, and for a CIMT (crime involving moral turpitude.

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Q: H-1B Transfer Situation?

1 Answer | Asked in Immigration Law for District of Columbia on May 23, 2014

Answered on May 25, 2014

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Mr. Floyd James Fernandez's answer
Short answers: 1) Yes, in fact you have to use company A's pay stub and H-1B receipt. But you will have to formally decline company B.

2) Yes, company B may withdraw its petition. If company A is content to keep you until your offer from company C is accompanied by an I-797C Notice of Receipt that its H-1B I-129 Petition is in process.

3) No, you can decline company B's offer, but notify USCIS of your withdrawn acceptance and intent to continue with company A. Otherwise...

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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 Mar 24, 2014

Answered on May 12, 2014

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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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Q: I am a us citizen from Michigan, and my partner is a illegal immigrant from Mexico. Are we able to get married?

1 Answer | Asked in Immigration Law for Michigan on Apr 25, 2014

Answered on Apr 30, 2014

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Robert Champion's answer
You will be able to get married; however, this will not protect him from being deported for being here illegally. You need to contact an immigration attorney immediately to discuss options.

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Q: I have deferred action permit (dream act ) And I wonder if can travel to Puerto Rico only with my drivers license ?

1 Answer | Asked in Immigration Law for New York on Apr 8, 2014

Answered on Apr 25, 2014

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Lawrence M. Kasen's answer
Yes, Puerto Rico is a territory of the U.S. and is thus deemed to be part of U.S. You would not be leaving the U.S. at all.

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Q: Can i still apply for my citizenship even though my green card is expired

1 Answer | Asked in Immigration Law for New York on Apr 18, 2014

Answered on Apr 25, 2014

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Lawrence M. Kasen's answer
You will first have to renew your green card and then apply for naturalization to become a U.S. citizen, assuming you meet the requirements to do so.

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Q: My friend was granted voluntary departure after an aggravated felony conviction.Will he be able to return to the us?

3 Answers | Asked in Immigration Law for South Carolina on Mar 14, 2014

Answered on Apr 25, 2014

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Lawrence M. Kasen's answer
It is highly unusual for voluntary departure to be granted by an Immigration Court for a convicted aggravated felon. There must have been unusual circumstances of which you are not aware, such as the felony conviction was overturned. You should consult an experienced immigration lawyer to address this issue after reviewing your friend's entire criminal and immigration history. Until then, an opinion may not be made. Good luck!

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