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Questions Answered by John Alexander Bates
1 Answer | Asked in Immigration Law for North Carolina on
Q: We filed a I-589, 19 monthes ago. The tracking number shows forms delivered. Received no receipt. Should we reapply?

We (my husband, daughter and I) came into the US on a B2 visa and then applied for asylum. My husband abandoned us and went back to SA. Our case was cancelled. We got a lawyer that reapplied for us but 19 mnds later we have not received a receipt number. Our workers permits have expired and we have... Read more »

John Alexander Bates
John Alexander Bates answered on Jul 9, 2020

No receipt number? Your application may not have been delivered properly.

4 Answers | Asked in Immigration Law for North Carolina on
Q: Question for N-400 application

Hi, I'm unsure how to answer the following question: have I ever been in jail or prison?

I was previously arrested and released on bail a couple hours later. Based on this situation how should the question above be answered? Yes or No

Thank you in advance!

John Alexander Bates
John Alexander Bates answered on Jul 7, 2020

Answer yes and describe the situation.

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3 Answers | Asked in Immigration Law for Connecticut on
Q: N-400.

Hello there,

My mother just went to her second naturalization interview because she failed the civic portion the first time.

The officer told me she passed the civic but still had to deny her because she doesn't speak English? I'm so lost and confused and don't know... Read more »

John Alexander Bates
John Alexander Bates answered on Jul 7, 2020

The ability to speak and read English is a requirement for becoming a US Citizen. It does seem unfortunate they did not tell you this the first time. You may be able to appeal this decision or file a lawsuit in Federal Court.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: My girlfriend isn’t from here so how can she get a citizenship?

She was born near Mexico and near the states.She does have a birth certificate and a passport but she is not a citizen here.she is also 19 and trying not to get kicked out. Her parents revealed the truth a few months ago so I want to know what we can do so she can be able to stay here.

John Alexander Bates
John Alexander Bates answered on Jun 24, 2020

It depends. She may eligible for DACA or you could marry her for a green card, if your relationship is legitimate. Talk to a lawyer.

2 Answers | Asked in Immigration Law for New York on
Q: If my gf comes from Dominican Republic when they open their borders with her active B-2 visa, can I marry her to stay?

I am a US citizen, and we know for some time now, if we continue to have the nice relationship we have so far the idea could be getting married and asking for a status change for her to be able to work and stay here legally.

John Alexander Bates
John Alexander Bates answered on Jun 24, 2020

Yes, as long she doesn't say that she is going to get married before she comes in. Wait for 90 days after she arrives before getting married. The B-2 visa is only for visiting and not for immigrating.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: i got my I129 approved and my start date is in oct if today there is an executive order banning h1b will it affect me?

i am a F1 student whose I129 is approved and my start date is in oct 1 and if trump administration gave an executive order banning h1b will it effect me i am already inside USA

John Alexander Bates
John Alexander Bates answered on Jun 20, 2020

It is difficult to say because the EO has been issued yet. Likely it would affect future applicants but potentially could affect you as your visa is not yet in effect. We will have to wait and see.

2 Answers | Asked in Immigration Law for New York on
Q: I130 for a spouse visa

I file my husband's case for the I130 form on 9th July 2019. currently, it is showing this message (Your benefit request has been accepted and is under review) He lives in Pakistan.

The last update is from 7th April 2019.

I live in Bohemia, NY please can anyone answer me when I... Read more »

John Alexander Bates
John Alexander Bates answered on Jun 20, 2020

You should do the I-693 for the medical exam on your own. You should have an interview at some point but you have not provided much information.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Is it safe for me to travel outside of the US for about a month if i131 (advanced parole) is approved?

I am currently planning on visiting South Korea this winter in need of completing my physical test for the military. It is mandatory for Korean to serve for the military for 18 months, and I am required to have my physical test done in South Korea. I was going to travel outside of the US with a... Read more »

John Alexander Bates
John Alexander Bates answered on Jun 19, 2020

If you apply now and request the advanced parole, it should be processed in time (no guarantees). Generally, if you get advanced parole and take a short trip, you should be fine.

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2 Answers | Asked in Immigration Law for New York on
Q: Good day Why is i751 case transfered to different offices

I applied for my i751 in January 2019

For 14 months receipt number was not recognized on the system.

Me and my spouse moved to a different city in the same state updated our address.

Then the reciept number was recognized

17 months passed submitted an inquiry... Read more »

John Alexander Bates
John Alexander Bates answered on Jun 18, 2020

If your spouse abused you, may be able to get the green card despite the fact that you separated. Time to speak with a lawyer.

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2 Answers | Asked in Immigration Law for New York on
Q: Will I have complications obtaining marriage greencard with 2 dwi

Had 2 dwi back in 2002 and 2005 as young stupid mistake I made. Fines all paid and never did any jail time. Both were misdemenear. Never paid taxes as well, but heard from friends I must pay at least 3 years prior. Is that true?

John Alexander Bates
John Alexander Bates answered on Jun 13, 2020

You should pay taxes for as far back as possible. The DWI are not good but if you have had no other infractions since then, you should be able to move forward with your green card. Another problem you might have is whether you entered the USA legally or legally. If you entered illegally you may... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: If I married someone who entered w/o a visa. Can we divorce and he return to ecuador and then do a fiancee visa?

I am married. My husband entered without a visa. He is from Ecuador. He has been in this country for 10 years. We did taxes together and have a daughter so his presence in this country has been noted. I am from the USA. Can we just divorce and he go to Ecuador and then begin the fiancee visa... Read more »

John Alexander Bates
John Alexander Bates answered on Jun 13, 2020

Probably not right away. In order to account for living in the United States illegally, he will have to leave the United States and serve a probable ten year bar or get an unlawful presence waiver. Either way, he will eventually have to leave the United States and have his green card processed in... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: Hello, can you file for your spouse living in another country while you are on disability?
John Alexander Bates
John Alexander Bates answered on Jun 12, 2020

yes, but you will likely need a joint sponsor.

2 Answers | Asked in Immigration Law for New York on
Q: I received the green card for 10 years. If I will be in separation with my husband

Can I apply for citizenship after 3 years or I have to wait 5 years?

If we will be in separation, will our son stay with me (mother)?

What if I would divorce my husband, can I apply for citizenship after 3 years or I have to wait 5 years?

John Alexander Bates
John Alexander Bates answered on Jun 8, 2020

If you separate from your husband, it will be better to wait five years. That way you won't be depending up him to become a citizen.

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2 Answers | Asked in Immigration Law for North Carolina on
Q: How do i go about getting married if my bf is illegal? We live in n.c.
John Alexander Bates
John Alexander Bates answered on Jun 8, 2020

If you are a United States citizen, you can get married and apply for a green card for him. You will also probably have to file a waiver, if he entered without a visa. The waiver is to excuse his unlawful presence in the United States.

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2 Answers | Asked in Immigration Law for New York on
Q: Can you get a start a "pardon" process or waiver here and finish after going back to your country of origin?

My husband has only begun the process of legalizing. We have a 7 year old daughter and he has been in the USA for 11 years. I was born here and am a citizen. He is from Ecuador. We have paid the initial fees but his mother is sick in Guayaquil. Can he go to her and still continue the legal process... Read more »

John Alexander Bates
John Alexander Bates answered on Jun 7, 2020

It's not clear what you have done at this point, so I would need more details before offering an appropriate response.

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1 Answer | Asked in Immigration Law for New York on
Q: Old i-485 form (from before April 29th 2020) - spousal green card

Hi,

On April 29th 2020 USCIS has posted a slightly updated form i-485. On June 3rd 2020 I submitted an AOS application with the form i-485 from before that date. They are essentially the same. There is just a slight change in some formatting and a bar code at the bottom. Is there a risk... Read more »

John Alexander Bates
John Alexander Bates answered on Jun 7, 2020

You have to check to the USCIS I-485 web site to see how long they are accepting the old form. Generally they allow the use of the old form for a period of time before disallowing it.

1 Answer | Asked in Immigration Law for New York on
Q: Can I use old (2011) birth certificates from China (not citizen anymore) for my adjustment of status application?
John Alexander Bates
John Alexander Bates answered on Jun 5, 2020

Yes, if that is where you were born. You will also need to have it translated.

2 Answers | Asked in Immigration Law for New York on
Q: I am a LPR, and has filled I-130 application for my spouse. My priority date was 11 July 2019, which is passed.

My account keep showing this message "Your benefit request has been accepted and is under review". Current they are processing files for priority date July 19, 2019 according to USCIS website. What should I do?

John Alexander Bates
John Alexander Bates answered on Jun 5, 2020

The online case status messaging is not always current. You need to check your priority date against the priority dates which are being currently processed (deemed current).

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1 Answer | Asked in Immigration Law for New York on
Q: I am a us citizen and i want to petition my parents to become us citizens who are living outside the us.

However my mother had been in the us before through illegal ways but she left and had not been there for 15 years. Does this affect the acceptance of the petition? Also how much does it normally take for the petition to get accepted and When are my parents allowed to go to the US?

John Alexander Bates
John Alexander Bates answered on May 28, 2020

You can apply for their green cards to be processed overseas. Since it has been 15 years a 10 year bar no longer applies. However, if she has a permanent bar, she would need a waiver.

3 Answers | Asked in Immigration Law for South Carolina on
Q: Our concurrent I 130 and AOS application got rejected twice. Is it safe to re-apply but just the Petition or I130 first?

I petitioned my wife and she also filed her AOS together with the I -130, she was in J1 visa. Unfortunately, it was rejected twice and because she wasn't able to send the form I-944. She is now out of status, but her visa is NOT subject to a 2 year home residency rule. Now if we will try... Read more »

John Alexander Bates
John Alexander Bates answered on May 2, 2020

It's to to hire a lawyer to help you with it this time.

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