Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Mario Musil
4 Answers | Asked in Immigration Law for California on
Q: LPR for last 30 years lived outside USA with limited trips back to USA. What is needed for her to move permanently to US

My mother has GC I551 (77 no exp) and has lived lived outside USA with limited trips back and forth to USA with no issue getting through US immigration until 2019 when they questioned and allowed her through on a Visa waiver, which states that her GC is no longer valid. Question is my mother is now... Read more »

Mario Musil
Mario Musil answered on Mar 9, 2021

If they had her file a Form I 407 and turn in her green card, she will have to reapply for her LPR status. Even if they did not take the card, it is very likely that she may be in the system as having abandoned her status, which would mean she has to reapply. An experience immigration lawyer will... Read more »

View More Answers

3 Answers | Asked in Tax Law and Immigration Law for Colorado on
Q: I-130, does low Income affected eligibilty to bring my wife in US?

I'm a new graduate , green card holder with a decent job now and planning to bring my wife in US. Last year my total income was around $8000 but this year it is around $50000. IRS ask 21k per year for family of 2. Can I submit my document will only the last tax year or will I need to add both... Read more »

Mario Musil
Mario Musil answered on Feb 3, 2021

When you submit your affidavit of support it will ask for the past 3 years of your income. You will need to submit evidence showing that this year you are earning significantly more despite only having earned $8,000.00 on your prior return. A qualified immigration lawyer can assist you in this... Read more »

View More Answers

5 Answers | Asked in Immigration Law for Florida on
Q: When can I file the petition for the K1 visa?

I met my girlfriend now fiance back in august 2019, when can I petition for the K1 visa? We have already met twice.

Mario Musil
Mario Musil answered on Jan 28, 2021

If you have already met in person and you meet the other requirements, you can file as soon as you are ready.

You should speak to an experience attorney to review the rest of your qualifications.

View More Answers

2 Answers | Asked in Immigration Law for Kentucky on
Q: What to do if someone wants to get married while on a student or work visa.

If someone is here on a student visa or work visa can they get married or do they need to go back to their country of origin and apply for a fiance visa.

Mario Musil
Mario Musil answered on Dec 20, 2020

Hello,

Congratulations on your future marriage! Yes, it is possible in most circumstances, for you to stay in the USA and apply for a marriage based green card. The process is discussed in detail on my website:...
Read more »

View More Answers

3 Answers | Asked in Immigration Law for Florida on
Q: I would like to know if It’s possible to apply for fiancée visa during this Period?
Mario Musil
Mario Musil answered on Dec 10, 2020

Yes, fiance visas are being processed even during the pandemic. There are delays with interviews, but you can get the process started.

View More Answers

2 Answers | Asked in Immigration Law for California on
Q: Am i financially responsible for my alien spouse if she is working full time, has perm. green card and i divorce her?
Mario Musil
Mario Musil answered on Dec 7, 2020

From the Form I 864:

When Will These Obligations End? Your obligations under a Form I-864 that you signed will end if the person who becomes a lawful permanent resident based on that affidavit: A.Becomes a U.S. citizen; B.Has worked, or can receive credit for, 40 quarters of coverage under...
Read more »

View More Answers

2 Answers | Asked in Immigration Law for North Carolina on
Q: Can former DACA recipients apply for a tourist visa?

I am a DACA beneficiary since 2012. If I leave the US voluntarily renouncing all DACA benefits, how easy (or how hard) would it be to apply and be granted a tourist visa to visit the US in the future as a simple tourist?

Mario Musil
Mario Musil answered on Oct 29, 2020

If you leave the US, you will trigger the 10 year ban, preventing you from returning to the US with or without a visa for 10 years.

View More Answers

2 Answers | Asked in Immigration Law for Georgia on
Q: Expired green card. What other form of ID can I use to get a GA drivers license?

I am a permanent resident of the US. CA accepted expired and or copy of the green card. GA does not. Aside from renewing card for $500 and waiting 6 months, is there anything else I can use to obtain a GA drivers license?

Mario Musil
Mario Musil answered on Oct 27, 2020

If you apply to renew your green card, you can either receive an extension sticker on the card when you do your biometrics, or you can ask for temporary card during an infopass appointment at your local USCIS office.

View More Answers

2 Answers | Asked in Immigration Law for California on
Q: If I petition my mom living in Mexico while I live in California, do I have to remain in California the whole process?

I want to petition my mom in December when I turn 21. I live in California right now. But I also plan on moving to Nevada in April of next year, before the process is complete. Would that affect the legal process in any way?

Mario Musil
Mario Musil answered on Oct 26, 2020

No, you are not required to stay in the same place. When you move your case may move to a different office and will continue to process there.

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: I’m a citizen. My mom and 14 year old brother live in Mexico. Can I petition them together to speed up sibling process

Im 23 year old citizen. My mom came to the U.S illegally and returned voluntarily to Mexico in 2002, no deportation. She’s been in Mexico ever since. I know I can petition her and it’ll be fairly quick process. But she also has my brother who is 14 and he can’t stay in Mexico alone. Is there... Read more »

Mario Musil
Mario Musil answered on Oct 26, 2020

Hello,

You mother would be an immediate relative and you can petition for her and she would not have to wait for visa availability - meaning she could be a green card holder in about a year or so (not considering Covid delays). Your brother however is not an immediate relative to you and...
Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Confused about green card interview

Went to the green card interview today and presented the evidence that was on the letter. This included papers from my bank showing my husband was added (hubby is the immigrant), car insurance cards showing he was added to the car insurance, copy of taxes to show we filed jointly, proof we were on... Read more »

Mario Musil
Mario Musil answered on Oct 16, 2020

The appointment letter generally shows examples of things that could be used to prove a bonafide relationship. Each relationship is different and will have a different mixture of bonafide evidence. Some couples will have extensive financial ties, and few pictures and no children. Other couple will... Read more »

View More Answers

1 Answer | Asked in Immigration Law for Minnesota on
Q: Would a petty misdemeanor (in MN) need to be disclosed (littering/dumping)? Crim/Traf Non-Mand crime. See more Info

Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations (unless a traffic violation was alcohol- or drug-related or involved a fine of $500 or more)?

Mario Musil
Mario Musil answered on Oct 14, 2020

It's not a civil traffic violation, under $500, so yes, it should likely be reported.

You may wish to have an attorney review your record to be sure.

2 Answers | Asked in Immigration Law for Illinois on
Q: Filing for green card requirements?

I recently just realized that i had lost my international passport, and I have just started the process to get my green card. I am beginning to be worried. I would like to know, do if its a requirement that i must have my passport as evidence on entry with immigration, or if i can get another... Read more »

Mario Musil
Mario Musil answered on Oct 14, 2020

You generally need the passport you entered with to show proof of legal entry. If it is lost, you may be able to still show valid entry through an I 94.

View More Answers

1 Answer | Asked in Immigration Law for California on
Q: I am from India and filling for I 485. My birth certificate does not have my name but all other details. What can I do?

The law in India only allows name to be added upto 15 years age.

Mario Musil
Mario Musil answered on Oct 5, 2020

You may be able to obtain other forms of ID, for example, applicants from India often use a schooling certificate in lieu of a birth certificate.

2 Answers | Asked in Immigration Law for North Carolina on
Q: Husband planning to apply for Naturalization, but unsure due to his past criminal record?

My husband became a US Permenent Resident 4 years ago through our marriage. He now would like to become a US Citizen, but he is afraid it may be denied due to his past offenses from 2010 and later. They are all misdemenors, traffic violations, and one arrest (detained less than 4 hours). These all... Read more »

Mario Musil
Mario Musil answered on Sep 29, 2020

The requirements for Naturalization are higher than those for a green card and someone who may have successfully obtained a green card, may not qualify to naturalize, or may be denied naturalization at the discretion of USCIS. Your husband should have his records reviewed to determine if any of his... Read more »

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: Can nonimmigrant (student visa) change their name after getting marriage to Us citizen ( but before apply green card

No

Mario Musil
Mario Musil answered on Sep 21, 2020

Generally, to change your name, you have to change your ID documents. If you do not apply for a permanent resident card, then to change your name you would change it on your passport (or other ID document) with the country that issued it.

If you apply for your green card, you can change...
Read more »

View More Answers

3 Answers | Asked in Immigration Law for California on
Q: I have my Green card since 2008 the Gov just renewed my Green card for another 10 years but denied me my Citizenship?
Mario Musil
Mario Musil answered on Sep 6, 2020

The requirements for naturalization are more stringent than the requirements for the renewal of your permanent resident card. You should have an attorney review the denial letter with you to see what options you may have to obtain your citizenship.

View More Answers

2 Answers | Asked in Immigration Law for Indiana on
Q: What would be the reasons there is a deficiency in the filing? Could you re submit?
Mario Musil
Mario Musil answered on Sep 4, 2020

If something is missing in the filing, USCIS can reject a case or issue a request for evidence.

View More Answers

1 Answer | Asked in Immigration Law for Indiana on
Q: Hello! I sent in my application for adjustment of status aug 18. Haven’t heard anything, no email or text. Any advice?

Sent to USCIS Chicago via fed ex. It was signed by a J.Harper but that’s it. No notice email or text. I called last week and nothing is in their system. Thank you!

Mario Musil
Mario Musil answered on Sep 4, 2020

They have been behind by a few weeks in issuing notices and receipts. If you have not heard back in a month or so, call the USCIS 800 number. Also, if there is a deficiency in the filing, they will send it back and not send a receipt.

2 Answers | Asked in Immigration Law for Maryland on
Q: I would like to petition my father to become a lawful resident. He is currently living here in US. What are the steps?

What are the requirements? What forms of application should we file and in what order?

Mario Musil
Mario Musil answered on Sep 2, 2020

You should discuss the specifics of your situation with a qualified immigration lawyer to make sure all the requirements and qualifications are met, for example what is his current status and how long has he been here, what is your immigration status etc. If the requirements are met, generally you... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.