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Questions Answered by Hector E. Quiroga
2 Answers | Asked in Immigration Law for Texas on
Q: I want to know if I can apply for the N-600 form.

My dad is a naturalized U.S citizen and I was brought legally to the U.S before I was 18 years old of age.

Hector E. Quiroga
Hector E. Quiroga answered on Nov 12, 2019

It depends if you came as an immigrant or with some other nonimmigrant status.

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Once an I-130 has been accepted, how long do I have to get in the I-864, affidavit of support?

I'm an American citizen trying to sponsor my Chinese wife. We both live in China now, and the only place I can call a "residence" within the US is my Mom's apartment.

Hector E. Quiroga
Hector E. Quiroga answered on Nov 12, 2019

After the I-130 has been approved (8-10 months), then the case will be transferred to the National Visa Center (NVC). That can take 30-90 days. Your wife can file the visa application, and at the same time you will file that Affidavit of Support. You will need to show that you are intending to... Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Can I apply for a B1/2 visa while a F4 petition is already approved?

I am a Bangladeshi citizen and PR of Canada for two years. I am working in Canadian branch of an IT company from USA. I have an approved I-130 as of October '19 with a time limit of 1 year in Bangladeshi US consulate. I will apply in 5 months for the immigrant visa for USA.

I need to attend... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 4, 2019

The fact that you have the F4 petition pending will be one of the factors that the Department of State will consider in determining if you are eligible for the visa. Make sure that you provide plenty of evidence that you plan to return to Canada at the end of a temporary stay in the US.

2 Answers | Asked in Immigration Law for Washington on
Q: Change in immigrant visa interview schedule or re-schedule for both the parents on same date and time?

I have filed green card petitions for both of my parents, so far I have received appointment details for my mother from National Visa Center. There is one month difference between approvals for my mother and father, we have yet to recieve approval for my father. I just wanted to check if I can have... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 4, 2019

Yes. They can be scheduled at the same time. It might just happen as a matter of course, but you can also contact the consulate or embassy.

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3 Answers | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: Can a lawyer's diploma from Venezuela in the United States be recognized?

The Man has a Full Lwyer Diploma from Venezuela and live in Orlando as Asyl Resident can he do everything to get a recognized of his diploma in US?

Hector E. Quiroga
Hector E. Quiroga answered on Nov 4, 2019

It is unlikely. Check with the Florida Bar Association to see what his options are.

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3 Answers | Asked in Immigration Law for New York on
Q: When does USCIS sent out REF for I-751?

I have a 2-year conditional green card through marriage which expires in December. Divorce is still pending so I don't have the divorce decree. Now I'm planning on file i751 on my own (joint filing be waived) but am confusing about the timeline: When will USCIS request the divorce decree after I... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 4, 2019

First, you are not bound by the 90-day window that controls submission of the I-751. You can submit it at any time before or after. The issue is this: if you file after your green card expires, you will be accruing unlawful presence and could be detained by immigration authorities for being in the... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: What does USCIS mean by "your benefit request has been accepted and is under review"?

My husband filed an i130 petition for me. On the myUSCIS account we keep on seeing the phrase "your benefit request has been accepted and is under review" and the only thing changing is the date they update the page. Does that phrase mean that our file is resting in a drawer or that someone is... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 4, 2019

You don’t say when you filed the petition, or what your husband’s status is, but currently the California Service Center is currently adjudicating petitions filed by LPRs for their spouses that were filed prior to July 5, 2018. Petitions in that category are not currently being actively... Read more »

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1 Answer | Asked in Immigration Law for Oklahoma on
Q: How giving up F1 status affect I-485 application?

My I-140 is got approved. I am an international Ph.D. student and defended my doctoral dissertation on October 09, 2019. I have got I-485 EAD based on a pending application.

I did not understand the fact that using I-485 EAD may cause termination of my F1 status. My F1 visa was valid till... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 16, 2019

It probably won’t. If your I-485 is approved, it won’t matter. If it is denied, and you unable to successfully appeal the decision, you will need to leave to country.

1 Answer | Asked in Immigration Law for Texas on
Q: Can my niece who was born in Mexico whose mom passed away and father is in prison in the US come live in the US?

Need some advice please. My brother ran to Mexico to avoid getting arrested about 17 years ago. A year after being in Mexico he met his common law wife. He had my niece who is now 16. My brother never put his name on the birth certificate as he was illegally in Mexico. Last year his common law wife... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 16, 2019

Your niece might already be a US citizen. We recommend you speak with an immigration attorney to confirm. Even if your brother’s name is not on the birth certificate, a DNA test would show the relationship.

1 Answer | Asked in Immigration Law for Washington on
Q: My husband was flagged at the ciudad Juárez Mexican council during his interview for his visa

The interview officer denied because he believes that he is involved on some type of drug trafficking they gave him 60 days to come back to Juarez to make a deal with the officer or he just needed to wait for a letter with the reason of denial

Hector E. Quiroga
Hector E. Quiroga answered on Oct 16, 2019

He should follow any directions given him by the consulate. He likely had something delivered to the courier service for which he registered in Juarez.

2 Answers | Asked in Immigration Law for Massachusetts on
Q: I have a green card, can i apply for a green card for my chinese fiance?

she is from china and living in US on H1B visa. she has two years left on her H1B visa. how long will it take approximately to get her green card. thank you

Hector E. Quiroga
Hector E. Quiroga answered on Oct 16, 2019

You can apply for her once you are married. The priority date for petitions filed by LPRs for their spouses is current, so it shouldn’t take too long. If you become a citizen it could take even less time (you can apply if you have been a resident for 5 years).

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3 Answers | Asked in Criminal Law and Immigration Law for Mississippi on
Q: My brother in law is in Mississippi federal prison since 2017. His sentence is for 5 year. He's a legal resident.

His native country is Dominican Republic. His case was drug involved. Will he be deported after his sentence?

Hector E. Quiroga
Hector E. Quiroga answered on Oct 16, 2019

He will more than likely be placed into removal proceedings. Whether he will be deported will be determined by the outcome of those proceedings. He will certainly want a good attorney.

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1 Answer | Asked in Immigration Law for Louisiana on
Q: I applied for to replace my I-94 I lost a few years ago because I'm adjusting my status.

I applied for to replace my I-94 I lost a few years ago because I'm adjusting my status. They recently mailed me a letter saying I need a police report. It wasn't stolen I lost it, do i need to get a police report to prove it was lost?

Hector E. Quiroga
Hector E. Quiroga answered on Oct 14, 2019

You ought to be able to draft a statement saying you lost it.

Also, if your green card was issued after April 2013, you might be able to access it online.

1 Answer | Asked in Immigration Law and Education Law on
Q: How can I apply Self-petition?

Im a Licensed Teacher and wanted to move in Florida and to continue my career there. What are the steps that i should have to follow? And Is there a possible that i can petition myself?

Hector E. Quiroga
Hector E. Quiroga answered on Oct 14, 2019

You need to find a school district that is willing to act as your sponsor.

1 Answer | Asked in Immigration Law for Maryland on
Q: How can I reverse my green card/ AOS -sponsorship (father) after I withdraw and USCIS revoked my petition ?

In nov 2018 I filed petition. My father was here for visit . In December finger print, July 10 he left US family emergency , July 25 I file withdrawal stating the reason August 10 uscis mailed his green card. On it October 2019 USCIS sent a letter to be saying my petition revoked and sent another... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 14, 2019

He won’t be let in on the green card. He will need to get a visa. Otherwise you will need to start the process all over, and he will need to apply for an immigrant visa abroad.

2 Answers | Asked in Immigration Law for Iowa on
Q: Can receiving unemployment benefit affect my permanent residency status now or in future when applying for citizenship?

I am a Lawful Permanent Resident and have been recently laid off due to lack of work. My question is whether receiving unemployment benefit will be a ground for termination of my Green Card or deportation or preventing me from becoming a U.S. citizen in future?

Hector E. Quiroga
Hector E. Quiroga answered on Oct 14, 2019

First, questions of public benefits impact those who don’t have green cards, so accessing them as an LPR won’t affect a citizenship application. Unemployment is not a public benefit, so it is not a factor in determining public charge.

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2 Answers | Asked in Immigration Law for North Carolina on
Q: My husband is a illegal immigrant and he was convicted of Cocaine and plead guilty to drug paraphernalia what to do now?

My husband is a illegal immigrant and he was convicted of Cocaine and after hiring a criminal lawyer his final outcome was that he plead guilty to Drug Paraphernalia but now its affecting his immigration but the criminal lawyer that we hired he did not explain to my husband that if he plead guilty... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 14, 2019

Contact an immigration attorney and see if there is a way to argue ineffective assistance of counsel in the criminal case.

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2 Answers | Asked in Immigration Law for California on
Q: If there's deliberately incorrect info on a marriage license used for a green card, does that invalidate the green card?

My father secretly married a foreign woman in the US while living with another woman in the house where the foreign woman said she was living on the marriage license. Would that invalidate the marriage license? I'm asking because I'm worried that she's scheming to divorce him and take half his... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 14, 2019

It is probably a question of intent, but you’ll have to check with the state authority that issues marriage licenses to see if the incorrect address would invalidate a marriage license or certificate.

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1 Answer | Asked in Immigration Law for California on
Q: Correlation between visa security checks and I485 security checks for common name?

Hello,

Is there a correlation between how long a security check would take for a non-immigrant visa (consular processing) vs adjustment of status while in USA (I-485)? I waited for my F1 visa for 10 months years ago due to my common name and just wondering if I should expect a similar delay... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 9, 2019

It is unlikely, since you have already been admitted to the US, and you say that you waited for F1 approval “years ago”. Having said that, depending on what country you are from you might still be subjected to significant scrutiny as part of your adjustment of status application, given the... Read more »

1 Answer | Asked in Immigration Law for Nevada on
Q: I received my 797c from with approval for processing. I'm a student adjusting status. Can I quit school at this time ?

I currently have an F1 Visa and I'm attending school . My studies end in November/December but I'm relocating to another state. I've been married for 1 yr but We recently submitted for adjustment of status and got the I797 forms ..approved for processing . Can I quit school at this time with out... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 9, 2019

You will not fall out of status when you quit school if your I-485 application is pending. It shouldn’t matter if you quit or not. We recommend that you keep the designated school official apprised of your plans.

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