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Immigration Law Questions & Answers
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 »

1 Answer | Asked in Immigration Law on
Q: Good morning Can I apply for humanitarian parole? Since I was asked to leave USA, and I brought my ticket and left.

I came in the USA illegally by sea. After 4 years I was asked to leave however my wife filled for me but they still asked me to leave and I left 4 years ago.

Please let me know if I’m eligible to apply for Bidden new program.(humanitarian parole)

Thank you!

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 28, 2023

Humanitarian parole is a discretionary form of immigration relief that is granted on a case-by-case basis to individuals who are otherwise ineligible for a visa or other forms of admission to the United States. To be eligible for humanitarian parole, an individual must demonstrate that there is a... Read more »

1 Answer | Asked in Immigration Law and Juvenile Law for Washington on
Q: Am I able to travel outside the US with a sealed record from when I was under 18?

I have a sealed record from when I was under 18 and I am planning to travel to India for 2-3 months. This was originally a felony but got reduced to a misdemeanor and later sealed.

Also, Would I have to check the boxes that state criminal records? Because it is a sealed record?

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 27, 2023

In general, if your criminal record has been sealed, it means that it is not accessible to the public, and it should not be considered when applying for most jobs, housing, or other opportunities. However, when it comes to international travel, the rules can be more complicated. It is possible that... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: How can I appeal if my CRBA applications are not approved or denied for over a year?
Min Hwan Ahn
Min Hwan Ahn
answered on Jan 27, 2023

If your Consular Report of Birth Abroad (CRBA) application has been pending for over a year, you may contact the U.S. Department of State's Office of Children's Issues at 1-888-407-4747 or via email at adoption@state.gov to inquire about the status of your application. If your application... Read more »

1 Answer | Asked in Family Law, Immigration Law, Child Support and Civil Rights for Alabama on
Q: As a 20-year-old Christian, if I am at the age of 20 and the age of majority in Alabama is 19, then what would happen i

As a 20-year-old Christian, if I am at the age of 20 and the age of majority in Alabama is 19, then what would happen if I moved to Mississippi, in which the age of majority is 21? Will I turn back into a boy in that state?

John Michael Frick
John Michael Frick
answered on Jan 26, 2023

The age of majority is governed by the law of the state with the most significant relationship to the contract or transaction in question. Your place of residence at the time of the contract or transaction will be a meaningful contact in that analysis.

1 Answer | Asked in Immigration Law for Nebraska on
Q: My girlfriend is her on a work visa, I am a U.S. citizen. Can we get married while she is here working.
Stephen Arnold Black
Stephen Arnold Black
answered on Jan 26, 2023

Yes. An immigrant who entered the US lawfully can adjust status to get a green card after marriage to a US Citizen.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Form I-130 is approved. Can my sister and her 2 boys (19 years old) come to the US and wait for the approval Form I-485?

I have filed Form I-130 for my sister (and her 2 boys) to come from Argentina. I received the approval from USCIS. Can she and her boys come to the US and wait here while we get her I-485 approved?

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 26, 2023

By filing the i130, they have demonstrated that they have immigrant intent. This would conflict with traveling her on a tourist visa which is only for non immigrant intent.

1 Answer | Asked in Divorce, Immigration Law and Family Law for Illinois on
Q: American husband wants a divorce. What type of lawyer do I need as a foreign born spouse, permanent resident?
Monica E Rottermann
Monica E Rottermann
answered on Jan 25, 2023

A family law attorney that handles divorces. You may also wish to consult with an immigration attorney to determine the impact this divorce might have on your status, for example, if you are a conditional rather than permanent resident.

1 Answer | Asked in Immigration Law on
Q: Son married after i naturalized and didnt notify NVC to upgrade I130 from unmarried son of LPR to Married son of US cit

I filed I130 for my unmarried son back in 97 he was 15 yo. Once case was approved it was never transferred to NVC because he was supposed to go through AOS which never did and never lived in US. I naturalized US citizen officially 2012 as per my Naturalization certificate, then, a month later, my... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jan 25, 2023

You will want to notify NVC about both your naturalization and your son’s marriage, as his visa category has now changed to F3 (married child of a United States citizen) and depending on his priority date, a visa may/may not be available to him at this time. As long as he married AFTER you... Read more »

1 Answer | Asked in Immigration Law for California on
Q: My fiance served time for crossing border w/marijuana in 01. Im a US citzn, we have 15 mo old, can get him a green card?

He served in Arizona, was released 2001. We have been together for 6 years 10 months, our baby is 15 months old. We want to get married and live here in California. He currently works for the IMSS (Mexican Institute of Social Security-Federal Medial Hospital) in Tecate Baja California.

Monica E Rottermann
Monica E Rottermann
answered on Jan 25, 2023

Depends on the amount of marijuana that he was caught with and exactly what he was convicted of. If he was convicted of possession for sale or something along those lines, this would constitute a drug trafficking conviction, which would make him permanently inadmissible to the United States.... Read more »

1 Answer | Asked in International Law and Immigration Law for New York on
Q: I am a F1 visa status international student from Japan, and my friend (US citizen) asked me to be his co-founder.

Hi I am a F1 visa status international student from Japan. My friend (he is an US citizen) asked me to be his co-founder for his company. I am scheduled to leave the States this year after graduation. I was wondering if I can be his co-founder and, if so, what are some regulations/processes I have... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 25, 2023

There are complicated immigration rules regarding volunteering, working, and passive investing on your F-1 visa. Your OPT might be useful if the work is related to your degree. Then there is the possibility of if a change of status to L-1, for example. Without assessing the specifics of your case... Read more »

1 Answer | Asked in Immigration Law and Cannabis & Marijuana Law for Ohio on
Q: After missing interview,does clock restart after approval to reschedule interview or after you attend Interview
Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Your question does not contain enough information to provide you an answer. It appears you have a question about timing requirements when you miss an interview with USCIS. You should contact a local immigration attorney ASAP, if you missed an interview.

1 Answer | Asked in Immigration Law for New Jersey on
Q: hi I found out my husband marry me just to get his green card he was using me to take him in USA not for love , i need

i need help to withdraw his i130 please we got separated since april 2022

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 24, 2023

Does he have his 10 year card yet or just the conditional 2 year card?

1 Answer | Asked in Immigration Law for Arizona on
Q: Why USCIS asked me about my wife prior divorce proof

I applied for naturalization based on living in United States for 5 years my wife refused to give me her prior divorce decree what should I do

John Michael Frick
John Michael Frick
answered on Jan 23, 2023

Because if your wife was previously married and didn’t get lawfully divorced, you and she aren’t married.

1 Answer | Asked in Immigration Law for Michigan on
Q: Hello I have a question I’ve been married to my immigrant husband since 2018 and I think he lied just for a green card

He is threatening to leave me homeless and threatening to go to his homeland and marry to bring someone from India to USA what should I do about this

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because it sounds like you have many complex questions and issues on the table here, including family law, and immigration law, and maybe even criminal issues.

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.

Samuil Buschkin
Samuil Buschkin
answered on Jan 20, 2023

It is impossible to know based on the information you provided, what the right steps would be in your case. If a VAWA petition has been approved, you should be able to adjust the status and terminate the 42b proceeding by way of motion but without having fully studied your case it's impossible... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: How fast I can re-apply for citizenship after my case was denied due to documents requirements. I passed all exams.
Lilia  Alcaraz
Lilia Alcaraz
answered on Jan 19, 2023

You may apply immediately. Submit all the documents USCIS requested. If you have a criminal history or other negative factors that may affect your naturalization application, make sure to consult with an immigration attorney.

2 Answers | Asked in Divorce, Immigration Law and Real Estate Law for Florida on
Q: Family law. If u purchase a home in Florida while in the middle of a divorce with someone awaiting immigration status

Have been married 4 years, separated for 1 year and half. No kids. No property. If I purchase a home now,will she be entitled to anything with my new home? She is avoid service of divorce papers since last October. She is awaiting immigration status approval. The reason why she avoiding the service.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jan 20, 2023

In Florida, property acquired during a marriage is considered marital property, and is subject to equitable distribution during a divorce. This means that the court will divide the property in a fair and reasonable manner, taking into account factors such as the length of the marriage, each... Read more »

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2 Answers | Asked in Divorce, Immigration Law and Real Estate Law for Florida on
Q: Family law. If u purchase a home in Florida while in the middle of a divorce with someone awaiting immigration status

Have been married 4 years, separated for 1 year and half. No kids. No property. If I purchase a home now,will she be entitled to anything with my new home? She is avoid service of divorce papers since last October. She is awaiting immigration status approval. The reason why she avoiding the service.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 19, 2023

Maybe. There is no status called separation in Florida. You are either married, or you are not. You should review the matter with your family law attorney. You should also have a real estate attorney represent you in the purchase of the home.

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1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Immigration Law for Texas on
Q: Being stopped in Texas, the driver was intoxicated, with weed in the car and the passenger is an immigrant...

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Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 19, 2023

Any arrest could impact your immigration I would not ride in the car with him under this set of facts,

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