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Questions Answered by Monica E Rottermann
1 Answer | Asked in Immigration Law for Texas on
Q: I requested to reschedule my interview for n-400 due to travel. Administratively closed. Can I keep my previous apt?

I had no idea asking to re-schedule could lead to closure. Am I now forced to submit a written request to reopen?

Monica E Rottermann
Monica E Rottermann
answered on Nov 21, 2023

If your case was administratively closed, then it would no longer be possible for you to keep the original appointment. You should send a letter to USCIS requesting that your case be reopened, and an interview scheduled. Check the letter you received administratively closing the case and send your... View More

1 Answer | Asked in Immigration Law on
Q: immigration

A friend asked for a letter of invitation to the united states. A simple letter inviting them for vacation for two weeks. I want to make sure I'm not liable financially for them.

Monica E Rottermann
Monica E Rottermann
answered on Nov 21, 2023

No, writing a letter of invitation would not make you financially responsible for this individual, there are certain application forms (Form I-134 or I-864) that deal specifically with financial responsibility. In addition, if your letter makes no mention of financial support, there is no basis for... View More

1 Answer | Asked in Immigration Law, Adoption and Family Law for Indiana on
Q: Is the citizenship process quicker for a disabled adult vs. a normal adult?

My wife has a 23 year old disabled son (cerebral palsy and has the mental capability of a 2yr old). He still lives in Colombia with his father. If I wanted to adopt him as my son, would the citizenship process be faster than it is for a normal 23 year old adult?

Monica E Rottermann
Monica E Rottermann
answered on Nov 21, 2023

In order for an adoption to be binding on immigration authorities, the adoption must occur while the child is still under the age of 16 (along with some other requirements), therefore, if her son is already 23 years old any adoption would not be recognized for immigration purposes. But if you... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: I had a insurance fraud case 17 years ago, Can I apply for the citizenship?
Monica E Rottermann
Monica E Rottermann
answered on Sep 29, 2023

Perhaps, but it is also possible that the conviction renders you deportable from the United States and applying for citizenship would be a bad idea. Depending on the date that you were admitted as a lawful permanent resident, the date of the conviction, and the rest of your complete criminal... View More

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1 Answer | Asked in Immigration Law on
Q: Hello im a USA citizen but also a Israel citizen, in currently in Israel and planning on coming back to USA this month,

Hello im a USA citizen but also a Israel citizen, in currently in Israel and planning on coming back to USA this month, my grandmother only has Israel citizenship and wants to come with me, how would that work? Am I able to invite her or anything of that sort

Monica E Rottermann
Monica E Rottermann
answered on Aug 11, 2023

Although it was announced earlier this year that Israel is working with the United States to participate in the Visa Waiver Program, which would allow Israeli citizens to travel to the United States without a visa for up to 90 days. Israel has not yet been added to the Electronic System for Travel... View More

2 Answers | Asked in Immigration Law for Texas on
Q: Do I have to take the COVID 19 vaccine to pass my medical exam? Is there any way to not take it and still get approved?

I don’t take vaccines due to religious beliefs and I don’t personally want to take something that a company isn’t liable for if I have any adverse reactions or death. What are my rights and can I still get my residency?

Monica E Rottermann
Monica E Rottermann
answered on Aug 11, 2023

Several vaccinations, including covid, are required as part of the medical exam (Form I-693). If the requirement for a vaccination would be contrary to your religious beliefs or moral convictions, you would have to submit a Form I-601 waiver. You can read more about the requirements for the... View More

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3 Answers | Asked in Immigration Law on
Q: Can I Stay outside of USA for more than an year on green card?
Monica E Rottermann
Monica E Rottermann
answered on Aug 11, 2023

You can apply for a reentry permit that allows you to remain outside of the United States without returning for up to a two-period. You can read more about the permit here: https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf

Also, you should be aware that even though the...
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1 Answer | Asked in Immigration Law for Washington on
Q: What happens if an applicant missed U.S. immigrant visa interview, which was not cancelled on time by the applicant?

The applicant (family-based visa, F3 married child over 21 years old petitioned by U.S. citizen parent) did not show up on the first interview because he/she was not medically cleared, and that the clinic requested the applicant to have additional medical tests in multiple dates, and now the... View More

Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

The applicant should contact the U.S. Consulate where the interview was scheduled and ask that the interview be rescheduled, if the interview date has already passed there should be no need to wait any longer to contact the consulate for a new interview date.

1 Answer | Asked in Immigration Law for Texas on
Q: What to do if no visas are available for greencard based marriage after interview? Petitioner is a green card holder.

My husband (GC holder) and I (Visa) has our interview yesterday. It went well but officer told us that no visas were available for my country (Venezuela) we are wondering what to do now. Do we just wait?

He is about to become a citizen is a week and officer said we can update application.... View More

Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

If he remains a green card holder, then you have to monitor the Visa Bulletin (Final Action Chart) to see when your priority date becomes current, and the visa has become available. As long as the priority date was current at the time of the filing of the adjustment, USCIS will keep the case on... View More

1 Answer | Asked in Immigration Law for Oklahoma on
Q: My I-94 expires on 08/18/2023. What is the absolute latest I can mail my packet to be accepted?

I-485

Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

You do not indicate under what basis you are filing for adjustment of status but if you are required to be maintaining lawful status in order to be eligible for adjustment you should not wait until the last minute to file the adjustment, particularly as there can be mailing delays or other issues.... View More

2 Answers | Asked in Immigration Law for Illinois on
Q: If the IJ closed the case in absentia (no NTA) and I file an appeal with BIA, is it a granted auto-stay of removal?

If the immigration judge closed the case in absentia, the respondent didn't attend because he/she didn't receive any NTA (old address). The respondent is going to file a motion to reopen, but the judge will deny it, and the respondent will file an appeal with the Board of Immigration... View More

Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

If the respondent did not attend the hearing, then most likely the judge ordered the respondent removed in absentia. If the respondent qualifies for a motion to reopen based on lack of notice, there would be an automatic stay when the motion to reopen is filed with the immigration court. However,... View More

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1 Answer | Asked in Immigration Law for Minnesota on
Q: Hello. Does threats of violence - reckless disregard risk qualify for U- Visa?
Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

It might, you will want to obtain a copy of the police report for an immigration attorney to review to determine which sections of law the police indicate that they investigated and as long as the crime investigated is on the list of qualifying crimes or substantially similar to a qualifying crime,... View More

2 Answers | Asked in Immigration Law for North Carolina on
Q: Can unmarried kids immigrate as derivatives?

I petitioned for one of my brothers as a citizen of the USA. The petition was filed in April 2010 and approved in October 2014 by USCIS. The kids were under 15 years old at the time the petition was approved in 2014. The projection is that the visa will be available in 2025 and both kids will be... View More

Monica E Rottermann
Monica E Rottermann
answered on Jul 26, 2023

Whether your brother’s children will still qualify as derivatives when the visa becomes available will depend on whether they qualify for protection under the Child Status Protection Act, however, as this calculation requires the date the priority date first became current, there’s no way to... View More

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2 Answers | Asked in Immigration Law for West Virginia on
Q: Was born abroad due to my parents being in the military i lost my fs-240 in a move and my id is expired

Is there any way to get my id without a birth certificate or vice versa

Monica E Rottermann
Monica E Rottermann
answered on Jul 26, 2023

To get a replacement for your consular report for birth abroad, it looks like you do need a valid unexpired ID, you can read more about how to obtain the replacement here:... View More

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2 Answers | Asked in Gov & Administrative Law and Immigration Law for California on
Q: how do i start to get my kids and i free passports low income family i seen a form called I-912 form fee wavier

i am us citizen and my kids as well im low income im trying to get ur passports

Monica E Rottermann
Monica E Rottermann
answered on Jul 24, 2023

The U.S. Department of State charges fees for U.S. passports and does not accept fee waivers. Additionally, Form I-912 is a USCIS form and since you must apply with the Department of State and not USCIS for the passport, this form cannot be submitted. You can find the fees for U.S. passports here:... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: I lost my petition to change name certificate and i would like to obtain a new one
Monica E Rottermann
Monica E Rottermann
answered on Jul 18, 2023

If you lost your original naturalization certificate or if your name has legally changed since you obtained the certificate and you would like to obtain a new certificate with your new legal name you would have to file Form N-565, Application for Replacement Naturalization/Citizenship Document and... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Hello, my question is... I married a US Citizen back in Oct 25, 2018.

Applied for change of status and got my green card in April 22, 2022. How long do I have to wait until I can apply for citizenship?

is the time retroactive since I married?

Monica E Rottermann
Monica E Rottermann
answered on Jul 18, 2023

A lawful permanent resident who has been living in marital union with a United States citizen for at least the past 3 years, may apply for naturalization after having their green card for 3-years, and USCIS allows applicants to file the application 90-days early, assuming all other requirements are... View More

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2 Answers | Asked in Immigration Law for New York on
Q: U visa was approved IN 2014. I -485 DENIED BECAUSE OF 3 YEARS PRESENCE...

Can I refile I-485 based on previously approved U visa.???

As I completed 3 years PRESENCE ( uscis requirement)???

Will they accept my I-485

Monica E Rottermann
Monica E Rottermann
answered on Jul 18, 2023

When you apply for adjustment of status based on having a U-visa you must submit documentary evidence establishing that you have been physically present in the United States for at least the past three years in lawful u-nonimmigrant status. In addition, depending on the amount of time outside,... View More

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2 Answers | Asked in Employment Law and Immigration Law for California on
Q: Dear Madam / Sir, Under which i-765 Category I should renew my work permit? I used to apply under c08 category.

I have received a dismissed removal proceeding from the immigration court. I need to renew my work permit but would the category change to c10 since i received this paper?

Please I am looking forward to hearing from you.

Best Regards,

Monica E Rottermann
Monica E Rottermann
answered on Jul 18, 2023

To be able to renew your work permit under the (c)(8) category you must have an asylum application pending and in order to renew under (c)(10), you must have a cancellation application pending. However, as you indicated that removal proceedings were dismissed against you, this would signify that... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Are you eligible for a translator for the US naturalization test if you are not fluent in English?
Monica E Rottermann
Monica E Rottermann
answered on Jul 18, 2023

In order to qualify for the English language exemptions when applying for naturalization you must be (1) at least 50 years old and have been a resident for at least 20 years; (2) be at least 55 years old and a resident for at least 15 years; or (3) be 65 years old or older and a resident for at... View More

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