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Questions Answered by Hector E. Quiroga
1 Answer | Asked in Immigration Law for Tennessee on
Q: Expedite request for green card application

Hello , me, my husband and my 3 years daughter came to US two years ago and applied for asylum and got approved , after one year we submitted our green card applictions and still in process , during these two years i had severe depression and i committed suicide this month , can i apply for... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 27, 2021

If by travel to visit your family you mean return to the country from which or are requesting asylum, that is not a good idea. The government will question whether you really have a credible fear of returning to your country. You might consider applying for a refugee travel document and meet with... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Please help me!! I am a winner DV2021, but the consulate in Moscow does not invite for an interview?

Please help me!! I am a winner DV2021, but the consulate in Moscow does not invite for an interview. How do I transfer it to another consulate?

Hector E. Quiroga
Hector E. Quiroga answered on Apr 27, 2021

You don’t say when you were notified. It is possible that the Embassy does not have your info yet. You might try contacting the Embassy at: +7 (495) 728-5000

1 Answer | Asked in Immigration Law on
Q: Can a Syrian refuge in Germany get both U.S snd German nationality?

Um husband has a year left to apply for his German citizenship and I’m a U.S citizen through naturalization therefore I applied for immigration visa for him. Is it possible to get both German and U.S since I’m an American?

Hector E. Quiroga
Hector E. Quiroga answered on Apr 27, 2021

Under US law, he should be able to carry both a US and a German passport. He will need to check what German law is.

2 Answers | Asked in Child Custody, Family Law and Immigration Law for Montana on
Q: if the mother of my child is a non citizen, but does have a social, can she take my child and move away??

she has never applied for or is a citizen and she wants to leave the county and/or country with our child. I tried helping her with citizenship and she refused. Now she wants to take my child away for a 3rd time now and just leave with her. She has no citizenship but has been employed for her adult... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 27, 2021

This is more of a family law question, so consult with a family law attorney. It seems unlikely she could take the child out of the country without your permission, however.

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1 Answer | Asked in Immigration Law for Tennessee on
Q: Im a Cuban citizen in USA since 2018, does TPS cover the part of “ being inspected and admitted or parole”?

Im a cuban citizen in USA since 2028, i have not being admitted and inspected or parole thats why i cant adjust under CAA, but recently i they designate TPS for Venezuela, and im also from Venezuela, can i adjust status under CAA if TPS is granted?

Hector E. Quiroga
Hector E. Quiroga answered on Apr 12, 2021

It sounds like you might be able to apply for TPS for Venezuelans, but there is no direct pathway to lawful permanent immigration status under TPS.

1 Answer | Asked in Immigration Law for Oklahoma on
Q: Would an EB-4 Visa work for Christian Pakistani Refugee (UNHCR) (wife deceased) who fled Pakistan 6 years ago from?

He fled under life threat with his 4 adult children (all over 21) and 1 married adult child with 2 children. All 9 persons are living in Kuala Lumpur Malaysia. My desire is to bring them all to work in the US. but thinking maybe get the Dad in and then use him to help bring the rest over. 2... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 12, 2021

You could try. Immigration through employment is difficult. Your best bet would be to consult with an immigration attorney who has experience with employment based immigration to see what options are available.

2 Answers | Asked in Divorce, Immigration Law, Child Custody and Child Support for South Carolina on
Q: I lived under common law for 17 years, separated 10 months ago, both undocumented, have a child. Can file for divorce?

What are the risks ? Can I ask for child support and alimony? There’s a new girlfriend in the picture who he’s planning to marry in the future since she’s a citizen. We have a business and properties together. If I can’t file for divorce what options do I have? Thank you!

Hector E. Quiroga
Hector E. Quiroga answered on Apr 12, 2021

The fact that you are undocumented should have no bearing on your ability to get divorced. The fact that your marriage is common law might have some bearing on your ability to get a divorce, but that is a question for an attorney with family law experience in your state.

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1 Answer | Asked in Immigration Law and Federal Crimes for New York on
Q: Why are US petitioners allowed to not secure foriegn applicants US documents?

They are also allowed to not initially secure proper accommodation for foreign applicants who come here and work and pay taxes. This entire experience caused me to loose stable income because I had to migrate because the immigrant visa with a one year extension was about to expire and neither the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 5, 2021

Many of the things you say lead us to believe that your situation is quite unusual, and for that reason you really need to speak with an immigration attorney so s/he can advise you on your options based on your particular circumstances.

2 Answers | Asked in Immigration Law for California on
Q: Does USCIS consider ‘Economic Impact Payments’ (Stimulus) as ‘Means-Tested Public Benefits’ for Immigration purposes?

Hello

I came to the US and got married to a US citizen in 2019. My wife who is my Sponsor on Affidavit of Support Form I-864 received 2 Stimulus Payments in 2020/2021 - they were based on her last Tax Return when she was single. Because I didn’t work in the US in 2019, I didn't file... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 5, 2021

It is not a means tested public benefit, no. In any case, you are now a lawful permanent (conditional) resident. It is not longer so much a question of how your accessing this will impact your immigration status but rather how your immigration status will impact your eligibility to receive such... Read more »

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3 Answers | Asked in Immigration Law for New York on
Q: Will I run into problems if I marry my fiance who resides in another country before I become a us citizen?

I have a green card I married my fiance who's living in a foreign country. Now I'm applying for citizenship" naturalization" will I run into problems later if I want to file for a green card for him?

Hector E. Quiroga
Hector E. Quiroga answered on Apr 5, 2021

No. In fact, you can now file an immigrant visa petition for him.

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1 Answer | Asked in Immigration Law for California on
Q: What is the legally correct way/form of signing the certificate of naturalization?

Do I have to sign by writing down my full name as it appears on the certificate? Or just sign it the way I sign documents, credit cards, etc (which, by the way, is also the signature that appears on/next to my photo on the certificate of naturalization)?

Hector E. Quiroga
Hector E. Quiroga answered on Mar 23, 2021

Sign it as you would sign any document.

1 Answer | Asked in Immigration Law for Arizona on
Q: Is there an easier way to access documentation related to arrests/tickets for naturalization application?

My father is applying for naturalization and needs to provide details & documentation for his prior tickets and arrest. He has received a couple of speeding tickets in other states and others in different cities in his home state. I tried called the police stations and courts to determine how... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Mar 23, 2021

Sometimes states’ departments of motor vehicles/licensing provide at least a printout of one’s driving record.

2 Answers | Asked in Immigration Law for Illinois on
Q: I passed my immigration test. I have to travel on May 4 but have not received naturalization yet. Green card expired.

I am leaving on May 4 and have to go. I passed Feb 24. My green card is expired. How do I travel?

Hector E. Quiroga
Hector E. Quiroga answered on Mar 23, 2021

You might be able to get a stamp on your current green card extending its expiration date. You would need to call the USCIS customer service center to see if that is possible and schedule an infopass appt. at your local office.

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2 Answers | Asked in Immigration Law for Nevada on
Q: I have been in US since 1978 with no interruptions. I am undocumented with no criminal record. Can I legalize my status?

I was born originally in Italy. I am 72, retired. I own 3 condos in Las Vegas and I pay real estate taxes. I am financially secure.

Hector E. Quiroga
Hector E. Quiroga answered on Mar 23, 2021

Nothing you have said provides sufficient information to determine if you have any options. If you have family members who are USCs, and you entered lawfully, then that could be one option. The best way to find out would be to speak with an immigration attorney.

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3 Answers | Asked in Immigration Law on
Q: Applying for a Green Card for my mom under US citizen family sponsorship (daughter). Mom is currently out of US.

Is there a way to get her into the US and then apply for in the states and have her wait in the US during processing of her Green Card or are we stuck with processing through local US consulate? I read that tourist visas cannot be utilized for this purpose. Thank you

Hector E. Quiroga
Hector E. Quiroga answered on Mar 23, 2021

The correct way to do is as you have described—file the visa petition, wait for it to be approved. Then your mother can file an application for an immigrant visa.

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1 Answer | Asked in Immigration Law for Texas on
Q: My wife is Russian. I am a US citizen. We are wanting to submit the I-130 form pending a name change. How do we do this?

Name changes in Russia are length processes. They are shown in roman letters and Cyrillic letters on foreign passports. We are changing her last name to mine in Cyrillic (accepted) and wanting to correct a spelling error (additional letter) in the roman translation of her first name (not accepted... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Mar 10, 2021

It sounds like the issue is that her name will not be written correctly in her Russian passport. If that is the case, it is probably best to have here keep her maiden name, at least for the time being.

1 Answer | Asked in Immigration Law for Iowa on
Q: Do I need to refile for 864? Green Card Interview in 3 weeks.

My wife applied for aos, I 485 and I 864. I changed jobs during this time to a much higher paying position. All benifits are the same. Our interview is in 3 weeks. Do I need to refile for I 864? Or can I just bring my updating income to the interview?

Hector E. Quiroga
Hector E. Quiroga answered on Mar 10, 2021

No, but do bring pay stubs from the new job.

2 Answers | Asked in Immigration Law for Florida on
Q: My father has a Form 1551, Jan 77, Permanent Resident Card. He has to renew his DL in FL will he have a problem?

He has never renewed is Form 1551, Jan 77, Permanent Resident Card. He has to provide proof of identification (Green Card) when reinstating his driver license, will he have any issue providing his Green Card?

Hector E. Quiroga
Hector E. Quiroga answered on Mar 10, 2021

He should check what the requirements are for DL renewal in Florida. Generally lawful immigrants are not prevented for getting such forms of identification.

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3 Answers | Asked in Immigration Law for Texas on
Q: Can a illigal immigrant fix papers of they have a dometic violence on their record but it was dismiss?

Much more information is needed. How did you enter the U.S.? Illegaly

Are you married? If so, what is your spouse’s immigration status? Yes we are married,he is illegaly here and I have papers

Do you have a child born in the U.S.?yes we have a child

How old is your child? 3yrs old

Hector E. Quiroga
Hector E. Quiroga answered on Mar 8, 2021

That fact in and of itself should not prevent an undocumented immigrant from applying for permanent residence. Without knowing all the facts, though, we cannot say if there are other details in your case that could change that analysis. You really should consult with an immigration attorney so that... Read more »

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