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Questions Answered by Kevin L Dixler
1 Answer | Asked in Immigration Law for New Jersey on
Q: prosecutorial discretion vs. joint motion (I'm a greencard holder)

I got my greencard thru. marriage (married for 2 years now and have a baby). Recently, motion to reopen was denial (my deportation order). What is my next/best option?

Some advised me to do a joint motioin. some advised me to do a PD.

Thank you.

Kevin L Dixler
Kevin L Dixler
answered on Jan 28, 2023

If you are representing yourself at least you appreciate that you are doing something wrong. If you have representation, the discretion being used, that is, the advocacy and time spent to present the request seems to be ineffective or insufficient based upon the immigration judge's... Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: Does filing a motion to terminate removal proceedings grant me a green-card or do I have to file EOIR-42B?

I have an approved VAWA which I filed concurrently with I-485. I’m not sure whether to file a motion to terminate removal proceedings or file EORI-43B? Which of these will grant me a GreenCard? Thank you.

Kevin L Dixler
Kevin L Dixler
answered on Jan 20, 2023

Some are disqualified from VAWA adjustment of status, so they can only seek VAWA cancellation. Again, filing a motion to terminate can mess things up and might even be denied.

As a result, I also strongly recommend that you seek representation before matters get more complicated.

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Steps I need to take to travel with a Nicaraguan citizen that is here in the US, to Nicaragua.

We want to travel together there and back home without incident

Kevin L Dixler
Kevin L Dixler
answered on Jan 4, 2023

More information is needed. If the person is without status in the U.S. or overstayed a visa for more than a year, then they can trigger a 10 year bar to lawful admission in any status. That means that they may not be able to lawfully return to the U.S., among other indefinite complications to... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: What I797 Approval Notice is Required to review my daughter's I485 document with my Pending VAWA Application?

I submitted my daughter's I485 & I765 document with a copy of my I360 receipt notice(application still pending) & prima facie notice. It was returned asking that I provide

"A copy of I797 approval notice establishing that you are the beneficiary of a pending or approved... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Dec 30, 2022

More information is needed. It is possible that your daughter's form may have not been properly completed. It is equally possible that that the USCIS needed proof that you previously filed the form I-485 application. Review the material. If you are still confused, you ought to seek an... Read more »

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: So I spoke to someone and was told because we never seen each other in person we gave to have some kind of pictures,bank

Account to do the I-130 so now just wondering what Visa he needs to apply for,for temporary visa so we can get proof or is that info wrong since we are legally married.

Kevin L Dixler
Kevin L Dixler
answered on Dec 27, 2022

You’re speaking to the wrong people!

The difference between legally married (on paper) and entering into a marriage based upon a good faith relationship are significant. Someone who has yet to meet their spouse is likely to eventually be challenged prior to or during processing....
Read more »

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1 Answer | Asked in Construction Law for Illinois on
Q: Can I sue my contractor for poor work after mutually terminating relationship? He refused to finish or fix shoddy work.

Contractor performed stunningly bad work in my 1200 sq ft condo gut job. He did not complete a second bathroom but charged for it. He used the wrong glue, no nails or screws for base moldings and door casings which are now separating from walls.He knowingly installed damaged cabinets, charged me to... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Dec 25, 2022

This seems to have nothing to do with immigration. You ought to Re-categorize it.

1 Answer | Asked in Immigration Law for New Jersey on
Q: How or can a illegal immigrant obtain a permit to work in the country legally?

Is it possible for a person to obtain ssn if the individual is here illegally?

Kevin L Dixler
Kevin L Dixler
answered on Dec 18, 2022

It depends, but a lot of people who try may eventually be on their way to immigration court for deportation, which is also called removal. It is best to seek legal an appointment from a competent and experienced immigration attorney before there are any other complications. Sometimes, other... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Q: Can I lose my green card if I got it through my mother and she commits a crime (not immigration fraud)

My father and I got our green cards through my mother legally. If my mother commits a crime such as a larceny and gets deported, will my father and I lose our green cards as well since we got them through her? I'm not asking about an immigration crime , we got our green cards without any... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Dec 18, 2022

No, ‘unless’ either of you are accused of being a part of the criminal scheme. If so, you can be charged, indicted, arrested, and possibly convicted. That may get you deported!

If your mother is involved in a crime, you ‘do not’ have an affirmative responsibility to report her to...
Read more »

1 Answer | Asked in Immigration Law and Tax Law for Florida on
Q: I was unemployed for the year 2021. How do I file a late tax return for 2021? How does this correlate with i864?
Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

If you lacked earnings, then the USCIS may take an average of the annual income. However, if the petitioner remains unemployed during 2022, then the Service has been known to require a joint sponsor in some situations.

If this matter is an issue, then you ought to consider hiring an...
Read more »

1 Answer | Asked in DUI / DWI and Immigration Law for Washington on
Q: Recently I had court for a dui and they moved forward my court date because im a resident the one representing me

Doesn't know much about immigration so she told me to find someone and see what the consequences are

Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

If you are a green card holder, not just someone with an employment authorization card, then you will likely need to delay filing for naturalization.

You ought to hire a competent and experienced immigration attorney to determine when you should file for naturalization. Also, whether there...
Read more »

3 Answers | Asked in Immigration Law for Illinois on
Q: I have a tourist visa, if I come to work with my name and information but with false insurance, can the government find

I want to work to cover the expenses since my son is a citizen and is studying in the USA, I looked for a way to get a work visa but I couldn't.

Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

I agree. A visitor visa is meant for those who visit family or wish to see the U.S. it is not meant for work, so your son must seek a scholarship and/or support himself.

Once he reaches the age of twenty one, he may choose to petition you, but he must prove that he can financially support...
Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: I have an I-130 approved since 1996 when my Mom was a PR. It is still valid nowadays? I'm a married, adult child. Thks

I'm currently in the US (holding a B1 Visa) and I just learned about that petition and the approval. I have Venezuelan & Canadian citizenships, but I'm now interested in the Green Card because I'm running a business in US.

So, do you think that I can just apply for the... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Nov 11, 2022

More information is needed. Was your mom a U.S. citizen before you married your wife?

In general, if you married your wife, then an F2b visa petition by a lawful permanent resident for their child is effectively terminated at the moment that the child's gets married.

I...
Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: · Is it legal for me to work with a B1/B2 visa?

· Is it legal for me to work with a B1/B2 visa?

· I hold a Jordanian passport with B1/B2 visa; am I eligible to file Adjustment of Status?

· If yes, how much will it cost me to craft and structure the file for the legal status change formalities from B1/B2 visa... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Nov 10, 2022

In general, no. You can only temporarily solicit orders for a foreign company at trade shows, among other actions that do not result in remuneration in the U.S. for work done after entry.

I strongly recommend an appointment with a competent and experienced immigration attorney before there...
Read more »

1 Answer | Asked in Immigration Law for Colorado on
Q: My mom got naturalized before my 18th but I was overseas ?

My mom got naturalized before my 18th but I was overseas ?

Kevin L Dixler
Kevin L Dixler
answered on Nov 6, 2022

If she naturalized after your birth, then you must be lawfully admitted as a lawful permanent resident before your eighteenth birthday to derive citizenship through her. Normally, citizenship is derived at birth, but there is an exception for lawful permanent resident children admitted into the... Read more »

2 Answers | Asked in Immigration Law for California on
Q: To marry my girlfriend from Mexico ? She lives in Mexico. Do I marry in US or Mexico
Kevin L Dixler
Kevin L Dixler
answered on Oct 29, 2022

She’s your fiancé, so petition her as your fiancé. Also, seek help from a competent and experienced immigration attorney before there are any complications.

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1 Answer | Asked in Immigration Law for Texas on
Q: I filed an I130 for parents who live in a foreign country, I have siblings who are minors. Can they immigrate together?

I'm a US citizen, and I filed the form I130 to bring my parents, my issue is that I have younger siblings (10 years old) and I don't know if she can immigrate with them at the same time as she can't stay by herself, I do have other siblings younger than 21 but they are in college... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Oct 24, 2022

The minor children, your siblings, must be petitioned individually, as fourth preference beneficiaries. The children are not derivative. The children may be petitioned by their parents in the second preference category. However, that can take quite a while.

This can distract your parents...
Read more »

2 Answers | Asked in Immigration Law for Massachusetts on
Q: My girlfriend and I currently want to get married. She is twice divorced She is an American she can help me to my green

I’m in asylum process she help to get papers to previous husbands

Kevin L Dixler
Kevin L Dixler
answered on Oct 19, 2022

More information is needed. She may, but it depends upon whether she can qualify as a petitioner and you are eligible to adjust status as a matter of law. If not, she may be able to petition you, but you may have to consular process. More information is needed about your relationship and whether... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: Are you allowed to smart work for a foreign country while waiting for a green card
Kevin L Dixler
Kevin L Dixler
answered on Oct 16, 2022

An alien must have a work authorization card or an employment visa for a stated employer-petitioner. Any alien who lives and works without authorization falls out of status and is subject to possible deportation.

This doesn’t appear to be allowed, because you will likely receive payment,...
Read more »

2 Answers | Asked in Immigration Law on
Q: I want to sponsor my 24 year old Korean step daughter. How long foes it take from korea to get f1 visa for her.

Her mother who is Korean and I married before her daughter turned 18. I am trying to determine about how long it might take to get a family Visa because I read some countries like Mexico take years. Does Korea take a long time?

Kevin L Dixler
Kevin L Dixler
answered on Oct 14, 2022

A combination of factors exist, but there is a visa quota, so the worldwide Family based first preference petitions are backlogged at December 1, 2014.

You can Google for the Visa Bulletin, but you are not affected by the quotas unless you file and the petition is approved. The priority...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Hello my brother came on H1B and he became undocumented.

Hello my brother cam eon H!B and he became undocumented. He had Illinois Physical Therapy assistant license which he had to put on hold as he could not renew in 2018 before the SB3109 which states that no applicant shall be denied a license solely based on his or her immigration status or... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Oct 14, 2022

Your brother was admitted and inspected in H1b visa status, so he is documented. However, he has fallen out of status by overstaying his visa. This means that he has accrued unlawful presence. Likely enough for a ten year bar from lawful admission should he depart the U.S.

He was never a...
Read more »

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