Immigration Law Questions & Answers by State

Immigration Law Questions & Answers

Q: Can I sponsor my grandmother for legal residency if parent is dead?

1 Answer | Asked in Immigration Law for Maryland on Sep 1, 2014

Answered on Oct 14, 2014

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Bruce Brian Dizengoff's answer
It is wonderful that you are interested in trying to sponsor your elderly grandmother. However, the grandparent / grandchild relationship unfortunately does not result in eligibility for family sponsored lawful permanent residence.

Perhaps your grandmother could benefit from another approach. For example, your grandmother may be eligible to enter the United States as a visitor for pleasure with a B-2 non-immigrant visa.

You would be well advised to consult with a licensed...

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Q: As a PR since 2006, I accidently voted in 2008 (I didn't know

1 Answer | Asked in Immigration Law for Nevada on Sep 10, 2014

Answered on Oct 9, 2014

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Bruce Brian Dizengoff's answer
Unlawful voting or otherwise making a false claim to United States citizenship is a serious violation that carries with it severe immigration consequences. Misconduct of this nature constitutes a ground of inadmissibility, as well as a basis for placement in removal proceedings. Under the circumstances, you would be well advised to consult a licensed attorney specializing in immigration and nationality law. Good luck to you.

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Q: Im on a tourist visa. I married my US citizen boyfriend here in Texas. Can I stay and have change of Status.

1 Answer | Asked in Immigration Law for Texas on Sep 14, 2014

Answered on Oct 7, 2014

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Bruce Brian Dizengoff's answer
Congratulations on your marriage! You are able to adjust your status from that of a tourist to to that of a lawful permanent resident (LPR) based upon your marriage to a U.S. citizen. In fact, your legal entry into the United States would excuse any unlawful presence or unlawful employment in this country, if your U.S. citizen spouse petitions for you to become an LPR. Of course, your eligibility to adjust status to that of LPR assumes that there are no other adverse or disqualifying factors...

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Q: What is the first step in becoming a U.S. citizen I am Costa Rican and married to an American for 3 years with a child?

1 Answer | Asked in Immigration Law for Florida on Sep 25, 2014

Answered on Oct 7, 2014

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Bruce Brian Dizengoff's answer
The first step would be for your U.S. citizen spouse to file with USCIS a Form I-130, "Petition for Alien Relative," as well as supporting documentation establishing that your marriage is genuine. In addition, you would need to file a Form I-485, "Application to Register Permanent Residence or Adjust Status," along with additional forms and supporting documentation establishing that you are eligible to adjust status.

Assuming you entered the United States legally, any unlawful presence...

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Q: Sevis Issue?

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

Answered on Aug 2, 2014

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Charles Snyderman's answer
Immigration law is a highly specialized area of the law, and only a few attorneys in Delaware have expertise. Unfortunately, you will probably not get an answer on this website, I suggest you contact an immigration lawyer directly.

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Q: Apply Mexican working visa

1 Answer | Asked in Immigration Law on May 25, 2014

Answered on Jul 30, 2014

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Spencer Richard McMullen's answer
Not necessarily, you must apply at the Mexican consulate outside Mexico so at the interview you will find out if there is a problem. The employer needs to start the process for your work visa in Mexico.

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Q: Im us citizen married to a minor in mexico and had a child with her in mexico how may i bring them to the united states

1 Answer | Asked in Immigration Law for Texas on Oct 29, 2012

Answered on Jul 30, 2014

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Spencer Richard McMullen's answer
Bringing the child may be easy, you would do a consular report of birth abroad at the US consulate in Mexico and assuming you lived the required years in the US, the child would get US citizenship and then you could take them with you (assuming mother consents). As far as the mother goes, you would need to consult a US immigration attorney as far as options.

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Q: Does principal applicant have to be remain present in usa when (follow to join applicants enter in usa?

1 Answer | Asked in Immigration Law for Delaware on Jul 16, 2014

Answered on Jul 25, 2014

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Charles Snyderman's answer
Immigration law is a highly specialized area of the law. Not many attorneys practice immigration law. I suggest you schedule an appointment with an immigration lawyer.

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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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