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Questions Answered by Kyndra L Mulder
2 Answers | Asked in Immigration Law for California on
Q: Should I get a lawyer for an interview with a Special Agent HSI?

Hello, I’m a student currently in OPT program and I got married to a US citizen 5 months ago. I never got DUI, nor in problem with the law. My visa has expired but I’ve never been off from student status.

I suddenly received a call in letter g-56 form for an interview with a special... View More

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

I believe I previously answered your question.

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3 Answers | Asked in Immigration Law for Colorado on
Q: Can a immigrant get a new passport after lost?

Good afternoon, I have a problem and I would like to know if you can offer me any option, my partner has been staying extended or has passed his stipulated permit for a year now. He had a CC that he lost and the passport was his only identification, if he shows up at the Colombian consulate right... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 14, 2021

Contact the consulate to know their requirements.

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3 Answers | Asked in Family Law and Immigration Law on
Q: I recently got my work permit and sponsor my spouse from India. Is it possible that i can sponsor my parents as well?
Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 14, 2021

No. You must be a USC to sponsor your parents to come to the USA. Your parents may apply for a visitor visa.

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3 Answers | Asked in Child Support, Family Law and Immigration Law for Kentucky on
Q: What can we do if the father of an unborn child does not want to acknowledge the baby?

My friend is pregnant and is a resident of Japan. The father of the baby was in the US Navy and was stationed in Japan but recently got out of the military and is now back in his hometown (Glasgow, Kentucky). He refuses to acknowledge the baby and has since blocked my friend (and her friends) in... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 13, 2021

Yes. He can be sued for support. By proving paternity the child may also have a claim to United States citizenship.

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3 Answers | Asked in Immigration Law for California on
Q: Where can I get immigration advice?

My husband is not a US citizen when his mother did his green card information the birthdate does not match his Mexican birth certificate. He has a social and ID and we pay taxes and own a home. I am a US citizen and we have been married since 2003. Now that the real ID will be a requirement that... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 13, 2021

Your husband may be a citizen through his father, or

he can file for citizenship with his current green card, or

he can adjust status through you.

If your husband is a USC through his father, he is not eligible for the second and third option.

Consult with an...
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3 Answers | Asked in Immigration Law for Georgia on
Q: Can I travel with expired green card?

So my Green Card expired and the I-797 Notice Of Action ( Extra 18 Months ) has been expired also

My question is I have to travel outside the United States can I do that with my expired I-797 notice?

Thanks

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 12, 2021

Even though your card has expired your status as an LPR has not expired. However, if you leave the USA with an expired card you may not be admitted into the USA upon your return. I suggest you file for NATZ or to renew your card. After you have filed take your receipt to your local USCIS office and... View More

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1 Answer | Asked in Immigration Law for California on
Q: What are my options?

Hello, I would like to find out what my options are? 4 years ago my visa expired. I was able to marry an american so I didn’t have to leave. We started to apply to adjust my status. However, I got busy with partying and having fun that I dropped the ball and never followed through with the... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 12, 2021

You have admitted to attempted marriage fraud in order to get your green card. Not smart at all on a public forum that anyone can read. Consult in private with an experienced immigration attorney and take this question down ASAP.

2 Answers | Asked in Immigration Law for Massachusetts on
Q: Could I face issues while renewing 10yr E19 GC, if I get divorced before 2 yrs of receiving it? I had a 10 yr+ marriage

I'm an Indian citizen holding an E19 Green Card that was issued in Aug '20. I separated from my husband around July '21 due to irreparable issues in the marriage. We both want to apply for a mutual divorce by Nov, '21. The green card is a 10-yr one. My marriage has been of 10.5... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 12, 2021

As the spouse of a priority worker you derive your status from his status. You indirectly received your LPR status through marriage. There may be questions regarding whether the marriage was a legitimate marriage. However, given the length of your marriage it is unlikely. If asked, it sounds like... View More

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4 Answers | Asked in Immigration Law for Virginia on
Q: Does the 90-day rule for the green card application apply for F1 visa? I traveled this summer, but was in the US before.

My partner and I want to get legally married so that I can start the green card application process. I've been in the US for college since 2017. I graduated in May and got an OPT extension that's valid until July 2022. I was travelling to visit family in Italy this past summer, and... View More

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 12, 2021

Yes. The 90 day rule applies to you. Entering the USA on a non immigrant visa and marrying with in 90 days creates a presumption that when you were admitted into the USA on a non immigrant visa you actually had immigrant intent.

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2 Answers | Asked in Immigration Law for Illinois on
Q: Subject: Enter the US on Advanced Parole while h1b extension pending

Hello,

Greetings!

I'm in the US on a H1B visa and recently received a green card EAD + AP card. My H1B extension is pending. Can I go out of the country and get back using my Advanced Parole card and continue to keep my H1B visa?

Thank you.

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 12, 2021

If you are an LPR you no longer need your H status or advance parole. You may need a re entry document if you intend to be outside the USA longer than 6 months.

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2 Answers | Asked in Immigration Law for Florida on
Q: The immigration officer didn't take immigration visa documents from the consular while entering the US.

While first enter in the US airport officer just requested passports with visa and sent us to declare the amount of money. He didnt request or ask for envelopes from consular. How its bad? we are here for 3 months and still waiting for Green Card by mail

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 12, 2021

Are you referring to the packet provided you at the US Consulate with advice to provide it to BP upon entry to the USA?

If so, I suggest that you contact your local CBP office about bringing the packet to them

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2 Answers | Asked in Immigration Law on
Q: USA Immigration: I heard people have traveled to Arab countries would be rejected from working in USA. Is this true?

-From a Chinese who have traveled to Dubai before.

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 12, 2021

I don't work on rumor but on the INA as written. There is nothing in the INA that prohibits you from working in the USA after you have been employed in an Arab country. If you have worked for a company or person that is known to support terrorist activity you may have a problem.

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2 Answers | Asked in Immigration Law for Washington on
Q: Cancelation of removal.

I entered US in May,2013 as a J1 Visa Holder and overstayed visa for almost 9 years. Now I'm married to a husband in same status and have a 2 years old child.

My question is do we have any chance of winning the cancellation of removal if we pass the 10 years, never convicted, clean... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 10, 2021

Based on the information you have provided you may adjust status through your USC spouse.

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1 Answer | Asked in Immigration Law for Texas on
Q: Application for Citizenship

I missed an interview for citizenship coz of health conditions and sent my hospital information to USCIS office in Fort Worth. I have waited for more than 3 years now for another interview and still get same information on my the status that a letter will sent with information regarding the... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 8, 2021

Three (3) years is way too long to reschedule a NATZ interview that was cancelled for a legitimate reason. I suggest you have an attorney contact USCIS and suggest that you may file a federal lawsuit if action is not taken on your file.

3 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I travel internationaly during the last 90 days of my cond residency without having filed for removal of conditions?

My conditional greencard expires in January 20, 2022. I have a scheduled international trip on November, 5 2021 (less than 90 days before expiration of Conditional green card). I wont be able to file for removal of conditions before that. I am planning to file when I came back by the end of... View More

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 8, 2021

Yes you may travel internationally. Keep a close eye on your timing and make allowances for possible delays as a result of COVID restrictions.

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3 Answers | Asked in Immigration Law for Connecticut on
Q: Overstay for 28 years. Married to a US citizen since 2016. Can I adjust my status after so long? Is it worth trying?
Kyndra L Mulder
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Kyndra L Mulder
answered on Oct 4, 2021

Provided you were lawfully admitted into the USA 28 years go you may adjust status through your USC spouse assuming you meet all other requirements.

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1 Answer | Asked in Immigration Law for Illinois on
Q: Will I need a 601A waiver?

Im a DACA recipient before the age of 18 and have renewed ever since, without leaving the country ever. I’m looking to go through consular processing because I entered without inspection. Do I need to file a 601A waiver even though I haven’t accrued any unlawful presence? Thank you so much.

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 3, 2021

If you remained in the United States after the age of 18 for any period of time over 6 months you acquired unlawful presence and you need a waiver. DACA does not cure unlawful presence, it defers action on the unlawful presence.

3 Answers | Asked in Immigration Law and International Law for Georgia on
Q: Can US citizens sponsor in-laws (ie mother & brother-in-law) for immigration if their spouse only has a green card?
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 2, 2021

No. Your spouse can sponsor her parents as soon s/he become s a USC

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3 Answers | Asked in Immigration Law and International Law for Georgia on
Q: For immigration, can a US citizen sponsor their aunt, uncle, and nephews if they are in danger in their home country?
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 2, 2021

No. You do not qualify to sponsor them because they are not immediate relatives. However, they do not need a sponsor for refugee or asylum status.

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4 Answers | Asked in Immigration Law for Michigan on
Q: Oath Ceremony cancelled

I applied for my N400 based on 5 years on employment based Green Card. I was interviewed the same day with my wife with different USCIS officer. My wife was given a RFE as she mentioned that we owe money to IRS, asking to provide evidence of payment and last 5 years of Tax documents. I was... View More

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 1, 2021

Send a certified letter with supporting documentation and request your oath ceremony be scheduled.

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