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Questions Answered by Kyndra L Mulder
3 Answers | Asked in Immigration Law for California on
Q: Best options for visas to bring partner/father of your child to the US?

I am a US citizen. I would like to bring my partner/father of my child over to the US. Which visa options would be best and would allow him to be able to work as well? And are there options that does not require marriage?

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 26, 2021

There are no provisions in the INA to sponsor a partner. You may bring him to the USA as a fiance. You will have 90 days to get married. Once married he becomes an immediate relative and you may sponsor him.

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2 Answers | Asked in Immigration Law for Georgia on
Q: Hello I (US citizen) am in the process of trying to marry my fiancé (Portuguese). He has had an altercation at the US

Border control and was received form I-877 upon being deported back in 2018. We originally thought we could do the K1 visa but now are wondering the next steps. Could you help clarify what we need to do?

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 26, 2021

What you need to do depends on a lot of information that you have not provided. I suggest you consult with an experienced immigration attorney.

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3 Answers | Asked in Immigration Law on
Q: CBP officers in San Juan PR airport had wrongly detained me and served me an NTA for an old misdemeanor conviction

have been a legal permanent resident for over 14 years. I was convicted 10 years ago with a misdemeanor CIMT crime (theft) that was punishable with maximum prison time of less than one year. I was actually sentenced for one day in jail.

I was detained my travel documents confiscated and... Read more »

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 25, 2021

First: The Statute of Limitations has to do with criminal prosecution and has nothing to do with immigration.

Second, If the possible sentence was over 6 months you are not entitled to the petty offense exception.

Whether a single CIMT is a deportable offense depends on a few other...
Read more »

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2 Answers | Asked in Immigration Law on
Q: Hello, I am from Afghanistan. My sponsor filled out the i131 and i134 forms for me, It's been a month, there is no news
Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 29, 2021

There are thousands of people applying for humanitarian parole out of Afghanistan. Unless your case is very compelling with specific facts to support your compelling cause you are not likely to have your case expedited in front of those that filed before you. It could be a few years.

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3 Answers | Asked in Immigration Law for Pennsylvania on
Q: I am a US citizen & my stepdaughter is coming into the US for her master's education.

I am a US citizen & my stepdaughter is coming into the US for her master's education. Can I file for a change of status for her to a green card while she is in the US on a student visa?

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 25, 2021

Assuming she is your step daughter through your wife you may sponsor her. However unless she is under the age of 21 a green card is not available to her immediately. By the time a green card is available to her she will have aged out unless she is protected by the Child status Protection Act. What... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: Question regarding the New Nov 8 travel rules and how it would affect unvaccinated H1b and H4 visa holders

Hi,

I have an H1b visa and my wife has an H4 visa. We are currently in Canada and unvaccinated for COVID. So, based on the new travel policy of Nov 8 of the US government, will we be allowed to enter the US by land border post-Nov 8 irrespective of our vaccination status?

The US... Read more »

Kyndra L Mulder
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Kyndra L Mulder
answered on Nov 11, 2021

It is a new issue and understandable that your employers attorney may not have had the question come up. I have had potential clients and clients with the same question recently. A memorandum from an attorney stressing that your employment is essential may be helpful when you proceed to the... Read more »

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3 Answers | Asked in Immigration Law for Texas on
Q: I just got my green card, is it too soon to file petition for my 19 year old daughter for change of status. We’re Irish.

My daughter has been here for 4 months & my green card just arrived last week. My daughter is unmarried & she’s here on B1/2 visa. I got my green card through petition by my son who was born here.

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 22, 2021

You can. However, to adjust through you as a green card holder, your daughter will need to go through consulate processing unless she remains in lawful status while in the United States.

If you received your green card through marriage your USC husband can sponsor her as a step child and...
Read more »

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: I got married to a US citizen in 2016. My oldest daughter was one month away from turning 18 at the time of the marriage

I got married to a US citizen in 2016. My oldest daughter was one month away from turning 18 at the time of the marriage. She is now almost 23 and still unmarried. Can we file for a green card for her based off my marriage while she is in the United States?

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 22, 2021

No. Your daughter qualifies based on her age at the time of the marriage but she is no longer considered a child. She is a daughter and an adult; a first preference priority relative assuming you have become a USC.

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3 Answers | Asked in Immigration Law for Georgia on
Q: I am a co-sponsor to my sister’s husban, can I still be a point of contact for a person that is seeking refuge status ?
Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 21, 2021

Not sue what you mean by point of contact person but I see know reason why you can not.

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5 Answers | Asked in Immigration Law for Florida on
Q: My mother wants to petition her adult non married children's but she does not know how to start the process.

If she need an immigration lawyer and if so, how much it will cost her.

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 20, 2021

Fees vary based on the individual situation, attorney time, experience, location. Call a few attorneys to find out their fees. Agnes has provided you with excellent instruction.

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4 Answers | Asked in Immigration Law for Georgia on
Q: my husband recently applied for citizenship. can i send my petition form now to be permanent resident ?

his application is still processing. do i wait till he becomes a citizen or can i go ahead and send in my petition form?

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 19, 2021

You can not adjust status through him until he has attended a ceremony and is a USC. You may only adjust status through him - while he is an LPR - if you are here on a current visa and have no time wherein you were out of status.

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5 Answers | Asked in Immigration Law for Florida on
Q: I need a lawyer to assist me with the inmigration services for my husband getting his green card. He is ilegal.
Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 29, 2021

I assume you mean that your husband entered the USA without being admitted. This being the case he is going to need a provisional waiver. When looking for an attorney to assist you ask specifically whether they have experience in the filing of waivers. There are many areas of practice within the... Read more »

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3 Answers | Asked in Immigration Law for New York on
Q: Hi I haven’t provide the paystub of last six months with my i864 form rest all documents are perfect,is there problem
Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 19, 2021

The reason to provide the paystubs is to show that you are still employed by the same employer. If you are not asked to produce them in an RFE, I suggest you bring most recent paystubs to your interview.

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3 Answers | Asked in Immigration Law for Georgia on
Q: Filing form I-485 separately after I-130 was filed online.

I am a U.S. citizen applying for Green Card for my mother. She is currently on a B2 Visa admitted until 11/23/2021 per her I-94 record number. I filed I-130 online on July 27, 2021 and received confirmation of receipt from Potomac Service Center. They are currently processing June 04, 2020 I-130... Read more »

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 18, 2021

You mother is an immediate relative of a USC. You should have filed the I-130 and the i-485 at the same time. Yes you can now file the I-485.

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3 Answers | Asked in Immigration Law for Virginia on
Q: Can I file I-130 after my parents already filed I-485 under EB-1 visa?

My parents applied I-485 under EB-1 and still waiting for the result, which has been taking quite long. I am a US citizen and I am over 21. Can I file I-130 for them now to sponsor them at the same time? Will it be a conflict with the I-485 they already filed? I want to see if I can get them the... Read more »

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 18, 2021

Yes you caUSa.n. You can file the I-130 and they can file the I-485 at the same time if they are adjusting status from inside the

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3 Answers | Asked in Immigration Law for Florida on
Q: If I am an F1 student applying for CPT, is the internship mandatory to be in the same city as the college I study in?
Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 16, 2021

As long as you have documentation to indicate that the internship is related to your education and affiliated with the school the location can be anywhere.

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2 Answers | Asked in Immigration Law for Illinois on
Q: I applied for OPT but i didn't use it. I'm getting 2nd master and OPT as well, is there any way I can do OPT this time?

I applied OPT for Master degree in 2018, but then I decided to come home and didn't use any day in the OPT process. Now I came back to the States and getting my second Master degree. I decided to apply one more time for the OPT. However, school DSO said that I'm unable to do so since I... Read more »

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 16, 2021

The USCIS places a 12 month limit per degree level on OPT, but there is no stipulation that the whole 12 months must be used at once. This means that if visa holders do not use their entire 12 month period during their first Master’s degree, however many months they have not used can be applied... Read more »

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3 Answers | Asked in Immigration Law for Virginia on
Q: Can my son suffer legal consequences for living with an illegal immigrant? They’re married now, but she is out of status

She entered legally visa j1, them f1. Ended in 2012. Since then without papers. Living with my son since 2014. Married in 2018. Now, 2021 she wants to get green card

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 16, 2021

No. He can sponsor her to get her green card.

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3 Answers | Asked in Immigration Law for North Carolina on
Q: I am in America with a tourist visa, and my father and mother are Americans, and I am old. Can I obtain a residence

I came with my husband and my son to America and I saw my father and my mother at an advanced age. I want to serve them, but I need to apply for legal residence. I am looking for a way with many thanks

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 16, 2021

I suggest you consult with an experienced immigration attorney to determine whether you qualify for adjustment of status through any means.

Your parents are United States citizens? It is possible that you are already a USC through them?

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2 Answers | Asked in Immigration Law for Texas on
Q: If my mom was in jail then deported can she still try to apply for a green card?

She did finished the probation she was given, they gave her a bunch of paperwork that was not translated to her she just signed she’s been in Mexico for 6+ years. I have that paperwork with me as well.

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 15, 2021

It depends on why she was in jail and why she was deported. She may be subject to a ban that will require a waiver. I suggest you consult with an experienced immigration attorney who will need more details.

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