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Utah Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law and Domestic Violence for Utah on
Q: Can I file for vawa on my own or will I need a lawyer

My husband is a permanent resident and I'm out of status. He is very verbally abusive. We were married for 3 weeks and I left after being suicidal and over dosing on sleeping pills. He always uses my immigration status to "get me in line". Threatens to divorce me and tells me that he... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Mar 22, 2022

Yes you should retain counsel to process your VAWA case. Unrepresented parties are not taken very seriously by USCIS.

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2 Answers | Asked in Divorce, Family Law, Immigration Law and Adoption for Utah on
Q: Is there a US citizen requirement for adopting a stepchild?

I am a non-US citizen. My partner is an American biological father. His daughter is 6. Can I adopt his daughter after marrying him?

Jason F. Barnes
Jason F. Barnes answered on Sep 21, 2021

Great question. We have some answers. Give us a call 801-546-3874 and ask to speak with Attorney Jason Barnes.

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1 Answer | Asked in Immigration Law for Utah on
Q: Do we need to resubmit form I-130?

I have submitted an I-130 for my wife (I am a US citizen) in November 2020.

In the form, we entered values in both the "which consulate will you be applying for adjustment of status" for a domestic consulate as well as international consulate since we weren't sure where we... Read more »

Agnes Jury
Agnes Jury answered on Jun 8, 2021

If your I-130 was received by USCIS then you do not need to submit another one. You will enter the receipt # of the I-130 on page 4, part 2, question 3; and the date your I-130 was received in question 4. Even though it appears that you plan to file for Adjustment of Status on your own, I would... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Immigration Law for Utah on
Q: Can an asylum applicant (who has SSN and Employment Authorization because of it) legally buy a gun?

That person it’s not an ilegal or unlawful alien, and it perfectly fits for all the requirements of the BCI and the Federal laws.

Vince Sykes
Vince Sykes answered on Apr 10, 2021

You need to get a permit; whether you can legally purchase or not. Work permit and SS number don’t confer you status. In fact you have no status, but perhaps refugee seeking to remain in the US. And any weapons offense could negatively impact your asylum application.

1 Answer | Asked in Criminal Law and Immigration Law for Utah on
Q: Can you be held in county jail on federal hold with no charges?

My sister is being held at Salt Lake County Jail and has two holds one is a US Marshals federal hold and the other an immigration hold. She has only had one court date even thought she has been incarcerated since August. She has had a lawyer come see her twice in 6 months whom claims is a private... Read more »

Brent J Huff
Brent J Huff answered on Jan 22, 2021

It sounds like your sister may be dealing with a federal case. Federal cases tend to move slowly; it would not be unusual for a person to have initially appeared before the court in August and to not have had another hearing. By calling an attorney with access to the federal and state systems, you... Read more »

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Utah on
Q: I am US Citizen, I have a spouse and I want to marry some one in India. Can I apply for my 2nd wife I-130?

I need to have 2nd wife. I there is any law in Utah to have two wives?

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

Immigration is a federal statute, and bigamy is illegal in the US.

1 Answer | Asked in Immigration Law for Utah on
Q: What type of requirements do I need to have in order to petition my parents that are already in the Us at the age of 21?

My family are in California, but I am in Utah

Adan Vega
Adan Vega answered on Apr 19, 2020

You must be a U.S. citizen if you wish to file the relative petition (FORM I-130) on behalf of each of your parents. The FORM I-130 must be accompanied with supporting evidence that includes at minimum your birth certificate and/or U.S. passport and marriage certificate of your parents.

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3 Answers | Asked in Immigration Law for Utah on
Q: Hello, I am interested in marrying someone from Russia. I am a U.S. citizen. What is the fastest way to get her here?

I have looked at the fiance visa, and that is at least 6-9 months to get approved. Would it be faster to do that? Or to go to Russia and get married and find another way for her to come back with me?

Amanda B Cook
Amanda B Cook answered on Feb 26, 2020

K-1 Visas are generally more expedient than consular processing for a spouse. But you really should set up a consultation with a qualified immigration attorney, who can screen both of you for other issues that may be dispositive of whether you should do a K-1 or IR1.

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2 Answers | Asked in Criminal Law and Immigration Law for Utah on
Q: I want to move to Utah from England But my brother commited theift and another reslly light crime.Will be able to move
Aric M. Cramer
Aric M. Cramer answered on Feb 9, 2020

You need to discuss this with an Immigration attorney or someone licensed in England.

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1 Answer | Asked in Immigration Law for Utah on
Q: Can I apply for a green card while in opt?

All my family is in USA. My sister is citizen and my mother got her green card recently. I would like to stay in USA, since all my family is here. I’m an F1 student and I’m applying for my opt in about 3 months.

Kevin L Dixler
Kevin L Dixler answered on Jan 25, 2020

If you are over 21 years old, you may need another dual intent visa to allow you to maintain status. There are also other challenges, when you are in the U.S. on a non-immigrant F1 visa or try to return. You may have other options.

As a result, I strongly recommend an appointment or...
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1 Answer | Asked in Immigration Law for Utah on
Q: If I rescind green card application for my mother, does it affect her chance of getting tourist visa in the future.

I am petitioning for my mother's permanent residency but we are having second thoughts because of the cost in insure her. We still want her to come visit the U.S. in the future, but we heard rumors she may be put on a "blacklist" for tourist visas if we rescind her application.

Kelli Y. Allen
Kelli Y. Allen answered on Feb 28, 2019

There's no technical bar, but the visas are direct opposites. It may be difficult for your mom to convince the consular office that she would only be coming for a short visit and then returning to her country.

1 Answer | Asked in Immigration Law for Utah on
Q: A Swedish national and I plan to marry and remain in our respective countries for two years. What paperwork do we need?

From what I have read online, it seems we are not allowed to simply visit each other on tourist status. Since we are neither immigrating right away, could you please provide guidance on visiting each other legally and especially on his upcoming visit to the USA for our wedding? Thank you!

Hector E. Quiroga
Hector E. Quiroga answered on Nov 13, 2018

We can’t answer the question re: visiting your fiancé/spouse in Sweden; for your spouse to visit you here s/he must show a preponderance of evidence that she will return to Sweden after visiting you. She doesn’t need a visa to visa, since Sweden is a visa waiver country, but proof of... Read more »

1 Answer | Asked in Immigration Law for Utah on
Q: I'm wondering if there could be a possibility of someone being able to come back legally after being deported

He is 47 and had lived in the us off and on since before he was 18. He has had multiple deportations in the past but I'm not sure if all the details, this last one they told him to wait 3 years and it has now been four years.

Hector E. Quiroga
Hector E. Quiroga answered on Sep 4, 2018

It is possible, yes. Details, however, are important, and even if someone is able to get around the issue of a deportation there could be other inadmissibility issues to consider. Best to consult with an immigration attorney.

1 Answer | Asked in Immigration Law for Utah on
Q: Would a pending N-400 application (filed for >5yrs residence) be effected if I divorce before my interview/ceremony?

My citizenship application was filed 8 months ago on basis of >5yrs residency (I've been here 10 years), and is currently in the interview scheduling process. My wife is a US citizen (which is how I came to be here). If I divorce now, will that impact my case, or can marital status be... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 8, 2018

Since you waited until you had a green card for 5 years, you can naturalize whether you stay married or get divorced.

1 Answer | Asked in Immigration Law and Divorce for Utah on
Q: Can I go to my adjustment of status interview without my wife?

Hello!! I’ve really concerned about a couple things that are going on in my life right now. So, talking to a friend of mine. My concerns came up and he suggested me this place. So, I would love to ask you a couple questions and give you a little idea of what’s going on. Anyways, here is the... Read more »

Carl Shusterman
Carl Shusterman answered on Apr 28, 2018

Since your wife is sponsoring you for a green card, it is required that both of you attend the interview.

1 Answer | Asked in Immigration Law for Utah on
Q: Is the Utah Pilot Sponsored Resident Immigrant Program Act approved or is it still pending approval?
Carl Shusterman
Carl Shusterman answered on Apr 28, 2018

On March 15th, 2011, Utah Governor Gary Herbert (R) signed into law a package of bills implementing state-level immigration laws. One bill adopted new enforcement provisions, while a series of three bills established a state-based guest worker system.[​ 41]

First, the Utah Pilot...
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1 Answer | Asked in Immigration Law for Utah on
Q: Is a car loan, not making enough money, home country being violent, & loss of job, enough to have a I-601A waiver work?

My wife has DACA, goes to work full time and goes to college. What is the best possible route for her to gain citizenship/ a green card? She applied for DACA at 18. I assume she might get a 10 year ban when she returns to Mexico.

Hector E. Quiroga
Hector E. Quiroga answered on Apr 9, 2018

You need to see an immigration attorney. While it is likely that your wife has a bar, it might not be 10 years. She might not have one at all.

Your wife started accruing unlawful presence on her 18th birthday. If she got her DACA grant within 180 days of applying, she might not have...
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1 Answer | Asked in Immigration Law for Utah on
Q: What options do we have if my husband was denied on his I485 application? He is from Australia and we were married here.

We were married outside the 90 day period of a K1 visa (1 week late). That was the reason for denial. The denial letter stated he must leave ASAP. I’m distraught and don’t know what to do.

Hector E. Quiroga
Hector E. Quiroga answered on Feb 27, 2018

He can travel back to Australia, and you can file an immigrant visa petition for him. It will take about a year for him to come back as an immigrant. You can also file a spouse nonimmigrant petition on his behalf. We suggest you talk with an immigration attorney to see what might work best under... Read more »

2 Answers | Asked in Immigration Law for Utah on
Q: My spouse submited I130 and was approved. He has an I120 and a valid passport, can we travel to Vietnam ?

My husband and i got married last year and we applied for I130 around march. This year i applied for my Naturalization, i am waiting for my interview. However around the summer when i am done with my naturalization we want to travel to his hometown Vietnam. He has a valid F-1 visa, I120 and a valid... Read more »

Kevin L Dixler
Kevin L Dixler answered on Feb 13, 2018

Definitely not! Does he even possesses a non-immigrant F-1 student visa? A form I-20, among other documents, allow him to seek an F1 visa at a U.S. Embassy or Consulate. Find out whether and/or which visa foil is in his passport!

The CBP must presume immigrant intent if he has and tries...
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2 Answers | Asked in Criminal Law, Immigration Law, Constitutional Law and International Law for Utah on
Q: Which process would be best? Form I-130 or Form I-485?

My mom illegally entered the United States 20 years ago, and has stayed here since then, I am soon turning 21 in July 2018. Which would be the best course of action without her having to return to the mother land?

Aric M. Cramer
Aric M. Cramer answered on Jan 11, 2018

You need to ask an immigration attorney. My practice is limited to criminal defense.

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