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Immigration Law Questions & Answers
1 Answer | Asked in Domestic Violence, Criminal Law and Immigration Law for Pennsylvania on
Q: I was recently incarcerated, I’m an immigrant the charge was domestic but I didn’t do it.

They charged me with strangulation and assault but I didn’t do it, because i have an accent they say the body cam says I admitted to it( not true). They also said I had former charges that they pinned on me but the charges date back to the 90s when I was still a child in Jamaica. My public... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Aug 2, 2021

You should immediately contact an immigration lawyer from the JUSTIA directory or the American Immigration Lawyers Association directory. Pleading guilty to criminal offenses can have extremely serious results like deportation if you are not a US citizen. Even if you are a citizen a guilty plea can... Read more »

1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for New Jersey on
Q: If there are false charges made against me among claims that I haven’t done. Does the case get thrown away

It’s a domestic violence case against the state

James A. Abate
James A. Abate answered on Aug 2, 2021

People are convicted of things they did not do all the time. The trier of fact decides what are "facts" and what are "lies". In municipal or family court that is a judge. In Criminal Indictable cases that is a jury. So even though you think this is something you haven't... Read more »

1 Answer | Asked in Personal Injury, Immigration Law and Civil Rights for Tennessee on
Q: How long would it take to settlement a lawsuit how long it take to win a case if they go to trial on a Risperdal case.

The doctor have paperwork on my case

Tim Akpinar
Tim Akpinar answered on Aug 1, 2021

A Tennessee attorney could advise best, but your question remains open for a week. These product-based actions are sometimes mutli-district cases with heavy dockets. If you have an attorney on the case already, they would know best, based on how far along the case has already progressed. But if the... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Can someone with DACA and a final order of removal travel on advanced parole?

Married to a US citizen and approved I 130 however, I have been unable to get my case to reopen. Some lawyers have told me that legal entry would make my case more likely to be reopened if we argue that I have a legal entry and can adjust my status. However, others Have told me that I would get a... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 31, 2021

If you have an outstanding order of removal and you leave the United States you will not be admitted when you try to return. If you have an approved I-130 you may be eligible for a waiver. Without a waiver I can not say how long you will be banned from the USA because I have no facts regarding your... Read more »

1 Answer | Asked in Immigration Law on
Q: Same-same marriage

I've been in a relationship with a man from the United States who will visit me in Greece and intends to live with me. But the problem is that we're both men, and in my country, it's illegal to marry somebody of the same gender. Is there any possibility we may marry and I receive a... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jul 31, 2021

A US citizen can sponsor you for a fiance visa and you can process at the US consulate in Greece. US recognizes same sex marriages. You should discuss your case in detail with counsel before taking any legal steps.

3 Answers | Asked in Immigration Law for Florida on
Q: Hi if i have a 10 years green card residence in the us can i do the residence process for mom and Dad please?
Kevin L Dixler
Kevin L Dixler answered on Jul 31, 2021

No, you must be a naturalized U. S. citizen to petition your parents. In addition, your parents must be admissible and cannot bring their underage children as derivatives.

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1 Answer | Asked in Immigration Law on
Q: GOOD MORNING

GOOD MORNING I have a problem and I don't know how to deal with it. I am from Tunisia (22 years old) I have a Tunisian sister who lives in Bastan. She has American citizenship, along with her children and husband My mother also has a ten-year visa. I want to go to work and live with them,... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jul 31, 2021

Your sister could file a petition for you. It will take a while though. If you qualify you could also get an employment type visa that would allow you to work legally in the USA.

1 Answer | Asked in Immigration Law and Business Law for Maryland on
Q: My question to you is; since I've never paid taxes before nor am I eligible for a SSN, what do you recommend I do?

I have a unique case under my belt. Perhaps you've worked with people in a similar situation before, but I'm an A2 visa holder (under my father's contract) and I'm looking to purchase an online E-commerce business that has gone for sale for $4 million. It's an extremely... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 30, 2021

Such an endeavor and investment warrants the retaining of an experienced immigration attorney. There are a few possibilities and you should discuss them with a qualified attorney.

2 Answers | Asked in Immigration Law for Arizona on
Q: Do you help with filling out paperwork for immigration? i am trying to fill out form I 130 and I 130a for my husband

I am a citizen of USA and his 2 daughters, I need to have him here to help me with our daughters, especially our little one who has a medical condition, I have been struggling to get someone to help me with this

Agnes Jury
Agnes Jury answered on Jul 30, 2021

There are attorneys who will help with document preparation and charge for the time that they spend with the client. You can try to find an attorney at Justia.com or at AILA.org. There are also not for profit organizations that help with immigration forms (see:... Read more »

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1 Answer | Asked in Family Law and Immigration Law for Florida on
Q: What's can happen if my ex husband filed a opposition to the decision the magistrate made our marriage is dissolve?

He wasn't showed up and he new that was the final hearing and now he filed a petition against the magistrate 's decision and even wrote to USCIS after my i-751 was approved without him involved and i got my green card can that change anything on my case please?

Camila Martin
Camila Martin answered on Jul 29, 2021

In Family Court, a party can file exceptions to a Magistrate's report within ten days after the report is signed by the magistrate. Then the exceptions are heard by the Judge and a transcript must be provided so the Judge can make a determination on whether or not the exceptions will be... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: I have my uscis biometric in 2wks but I can’t find my new passport but I have my old passport that been expired

The old passport has been expired for 5years what should I do? Will I be allowed for biometric?

Kyndra L Mulder
Kyndra L Mulder answered on Jul 29, 2021

You should be allowed in with your old passport. Bring a second photo id and/or your birth certificate (with English translation).

1 Answer | Asked in Immigration Law for Illinois on
Q: Do Former Asylees Seeking Citizenship need attorney at interview for visiting home country twice (parents sick )

Hi. My spouse and me are former religious Asylees. Now need to file for N-400. We traveled twice to home country due to severe illnes of father and mother in law and they passed away. our stay were 30 and 40 days long.

We have reports of illness and some pictures of staying at safe place... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 29, 2021

Yes. I strongly suggest you have an experienced attorney prepare your Applications for Naturalization, prepare you for the interview, and attend the interview.

The possibility of never seeing family again or not being able to be there when they pass is a tough consideration when making the...
Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: How to answer the Beneficiary Qualifications RFE received for a new H1B petition due to degree not related to the job?

USCIS is asking to show how the degree is directly related to the job but we provided individual courses from my degree that I have used to perform my job duties with the initial petition. What else will be required to build a strong case to answer this RFE?

Kyndra L Mulder
Kyndra L Mulder answered on Jul 28, 2021

Your question can not be answered without a thorough review of your file.

1 Answer | Asked in Immigration Law for California on
Q: If I sponsor my fiancé on a K1 Visa but live with my mom but file taxes as an independent is she part of the household

Would my household be of 2 me and my fiancée or would I have to include my mom even if she works and isn’t my dependent. Thank you in advance .

Agnes Jury
Agnes Jury answered on Jul 27, 2021

No. You do not count your mom. Here is a great guide on the subject: https://www.ilrc.org/sites/default/files/resources/intro_guide_affidavit_support-20180410.pdf

Best wishes!

1 Answer | Asked in Immigration Law for Florida on
Q: I dropped out from PhD program and obtained a masters degree in Economics 4 years ago. ISSS says no opt for me. apply ho

I can not apply for OPT as I graduate long time ago. I want to avail my OPT to start a job.

Linda Liang
Linda Liang answered on Jul 26, 2021

If it is not an option for you, it would help to look elsewhere for other path. Consult with a local attorney.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Traveling to Canada as US Citizens with kids who have green cards (but are eligible for US passports)

I am a recently naturalized US Citizen. My kids are eligible for derivative citizenship, but won't get their US passports in time before we are to travel to Canada. We have not applied for N-600 or passports for them. Can they travel using their still valid green cards, even though they have... Read more »

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

Depending on the method of travel your children may be admitted back into the USA with just their green cards but they should have a travel document(s) or passport. I assume you are flying. I suggest you check with the airlines.

1 Answer | Asked in Immigration Law for Texas on
Q: I was a resident alien for about 30 years and paid into my SS most of that time. I was recently deported.

Can I get any of the money from my SS or is it a lost cause? Disability ? Am I elidgable

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

You are not likely eligible for disability however you may be eligible to receive your social security. I suggest you contact an attorney that practices in the area of social security law.

1 Answer | Asked in Immigration Law on
Q: Change of name of petitioner

Hi everyone please I’m about to submit my birth certificate on CEAC. My dad who is the petitioner has a change of name and has a affidavit from USCIS to support that. Currently the I bear the surname on the change of name documents

Should I attach my dad change of name to my birth... Read more »

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

You may file either way and I suggest a cover letter that explains the situation.

1 Answer | Asked in Immigration Law for Tennessee on
Q: Can I enter the USA with a one-week valid H-1B visa?

My H-1B visa expires on 5th August 2021. Currently, I'm outside of the USA and planning to enter on 30th July 2021. Can I enter the USA with a one-week valid visa? Will there be any problem at the port of entry?

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

BP may very likely deny you entry into the United States. Normally you must have at least three months before your visa will expire. Secondly, if you only have a week left on your visa BP will presume that you are in violation of the terms of the visa.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Husband filed to remove conditions I want a divorce. Can he get alimony from me?
Kyndra L Mulder
Kyndra L Mulder answered on Jul 26, 2021

I assume your husband is the immigrant. He can have the conditions of his LPR status removed on his own by filing a waiver of the joint filing requirement. He can request alimony in a dissolution proceeding and he can request the affidavit of support be enforced.

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