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Questions Answered by Hector E. Quiroga
1 Answer | Asked in Immigration Law for Texas on
Q: In your experience which is better, N400 online application or N400 mail-in paper application?

I am a Legal Permanent Resident in the United States and I am ready to file for naturalization by filing form N400. I wanted to know in your experience which form of application is better, the online application, or the paper mail-in application? Why?

Hector E. Quiroga
Hector E. Quiroga answered on May 13, 2020

The online application is a bit faster, and there is not paper file to maintain, if you don’t want one. You can also print it. There is no benefit using one or the other in terms of eligibility.

1 Answer | Asked in Immigration Law for Texas on
Q: NVC did not receive approved EB2-NIW from USCIS after 18 months. What else can I do?

My case was approved in December 2018 and I received the I797 approval notice, but NVC never received it to continue with consular processing (I am abroad) despite the submitted and approved I-140 for my case included the request to continue in consulate. It has been over 18 months and NVC has not... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on May 13, 2020

Wait for the ombudsman to respond. Petitioner should do congressional inquiry if it comes to that.

1 Answer | Asked in Immigration Law for New Jersey on
Q: What evidence should my lawyers provide?

My lawyers accidentally issued the payment fee check incorrectly, which led to my extension petition rejection by the USCIS.

Because my I-94 expired before I departed from the US, I overstayed my visa even though my lawyers intended to file the extension before the I-94 expiration date.... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on May 13, 2020

Any and all that that would be appropriate.

1 Answer | Asked in Immigration Law for California on
Q: F2B with I-130 approved. What happens if I get pregnant while I wait? (not married)

My I-130 petition was approved years ago, and I am in the F2B category (Unmarried daughter of a permanent resident). I know I cannot get married, but what will happen if I get pregnant while I wait for my green card? Thank you in advance!!

Hector E. Quiroga
Hector E. Quiroga answered on May 13, 2020

Your child will be “after acquired” and can be included in the petition.

2 Answers | Asked in Immigration Law for Maryland on
Q: I applied for asylum, i want to leave the country, didn’t get intervie yet, can my husband stay here without me?

I applied for asylum in US, now I want to leave because situation in mu country changed, but my husband doesn’t want to leave. Is it possible for him to stay if we divorce?

Hector E. Quiroga
Hector E. Quiroga answered on May 13, 2020

Unless your husband filed an asylum application independent from yours, his ability to remain in the US is dependent upon you. If you leave, he must, too.

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2 Answers | Asked in Immigration Law for South Carolina on
Q: Application of naturalization, form N-400. What if I don't have the information?

I'm applying for naturalization and have filled out form N-400 except for a few questions. My spouse was married 20 years ago and the form is asking for the birth date of the ex-spouse and a few other questions that are difficult or impossible to answer. We have no way of finding this person.... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on May 13, 2020

Better to write “unknown”.

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1 Answer | Asked in Immigration Law for Florida on
Q: Can I use I-912 to waiver fee for my I-539 B2 Visa Extension due to COVID-19?

I need to extend my B2 Visa (using form I-539) because international borders are closed and I cannot fly-out of USA due to COVID-19 situation. Do I really need to pay the $450 fee even though it's a special situation that's out of my control or can I use the I-912 Fee Waiver? I don't... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on May 5, 2020

That is not one of the forms for which one can file a request for a fee waiver.

2 Answers | Asked in Immigration Law for California on
Q: Can a U.S. Citizen Abroad be deported for having a criminal record?

My son was born in Mexico. I was born in California. He became U.S. Citizen Abroad through me at age 3. He has been convicted of a felony and now ICE has put a hold on him for when he gets release in June.

I want to know if he can get deported or if not how can I prove his citizenship to... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on May 5, 2020

No. A US citizen cannot be deported. You need to find legal counsel to help him with this process.

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2 Answers | Asked in Immigration Law for Nevada on
Q: Can a person who is undocumented apply for advance parole if they have no lawful status?

These are people that don’t have DACA or I 485 pending

Hector E. Quiroga
Hector E. Quiroga answered on May 5, 2020

No. There is no underlying basis for that.

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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 »

Hector E. Quiroga
Hector E. Quiroga answered on May 5, 2020

You can file the I-130 first, but it will double the amount of time it will take for your wife to get her green card, and she will be at risk for deportation.

While it could be difficult for her to come back if she leaves the country, it depends on whether she’s stayed more than six...
Read more »

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2 Answers | Asked in Immigration Law for Tennessee on
Q: Is it better for a resident mom to apply for green card for her F1 daughter or wait until she gets her citizenship?

Mom applied for citizenship, which is yet to be approved. I have a student F1 Visa. Is it better for mom to apply fora green card for me now or wait until her citizenship is approved?

Hector E. Quiroga
Hector E. Quiroga answered on May 5, 2020

The answer depends on your age and your country of citizenship. At this point, your mom can only file a visa petition on your behalf, which could be OK, if you are lawfully in the United States. Also, if you are under 21, the process is quicker than if you are under 21. If you are over 21, and your... Read more »

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2 Answers | Asked in Immigration Law for New Jersey on
Q: How likely is it that our marriage based green card application would be rejected based on our Affidavit of Support?

My spouse is a college student. In 2017, my spouse made about $3,000 from employment, while I made about $14,000. In 2018, my spouse made about $3,000 and I made about $4,000 from employment. In 2019, we got married and filed a joint tax return for the year. In 2019, she made about $1,000 from... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on May 5, 2020

Assuming all income is lawfully made—that is, you were eligible to work in the United States and did so lawfully—you should be OK. You have substantial assets, which is helpful, too. Without knowing your particular circumstances, however, it is hard to say for certain. Your best bet would be to... Read more »

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3 Answers | Asked in Immigration Law and Criminal Law for Indiana on
Q: What kind of lawyers to hire? Does it violate my visa status?

I was arrested for domestic battery in Indiana. I am F1-student. I don't think i did anything that would hurt her and even if it did it was unintentional. I was not charged at the moment. University has not taken any action yet, but I am hearing they will. Does it violate my visa status? I... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on May 5, 2020

You’ll want a good criminal defense attorney who can help you navigate the criminal justice system and help you get the charges dropped or the case dismissed, or at the very least a reduction in charges. You might not get deported, but your visa could get canceled so that the next time you come... Read more »

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5 Answers | Asked in Immigration Law for Florida on
Q: Can I apply for naturalization if my green card expired 2 months ago instead of renewing the green card?

I am married (23 years and counting) to a US citizen and have been living in the USA since 1995 legally. I was gained permanent resident status back in 1999.

I meet all the criteria as per the N-400 form. My green card expired 2 months ago, and I would like to apply for citizenship... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 27, 2020

If your green card has expired or is within 6 months of expiring, you need to renew your green card before applying for citizenship. You can try to file without renewing (it is not necessary to wait for approval of the renewal; just send a copy of the receipt notice), and it is possible, likely, in... Read more »

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2 Answers | Asked in Immigration Law on
Q: Can I get American citizenship just because my grandfather was American?

My mother's parents weren't married. Her father died before she was born. Her mother lied to her about her father. In 2017, my mother took a DNA test and found her half-sister and a few cousins, through that she found out that her father was American. I am wondering if I can obtain... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 27, 2020

It's possible. You will need to determine if he passed citizenship on to your mother first, and then it must be determined if she, in turn, passed it on to you. An immigration attorney could help with the analysis.

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3 Answers | Asked in Immigration Law for Georgia on
Q: I am filing I 130 for spouse who is a canadian PR . Can she continue to visit USA on her current visitor visa ?

can I file for EAD, AParole and I 485 concurrently if she is in USA on her tourist visa ?

Hector E. Quiroga
Hector E. Quiroga answered on Apr 27, 2020

Yes. You’ll want to consult with an immigration attorney ahead of time. There can be some risks doing it this way.

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5 Answers | Asked in Immigration Law for Florida on
Q: How does new Trump's Executive Order affect me? (just 1 week away to send my docs to USCIS under Cuban Adjustment Act)

In a week, it is 1 year and 1 day I have been living in the US and I am supposed to send my documents to USCIS to apply for my residence under Cuban Adjust Act Immigrant Program. Does the new Trump's executive order, pausing 60 days Immigration Green Card Processing affect me? If yes, should I... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 27, 2020

It only affects those who are overseas. Your case might still be delayed because USCIS offices are not accepting in-person appointments at this time.

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2 Answers | Asked in Tax Law and Immigration Law for Washington on
Q: If we go back and amend our 2019 tax return by adding my newly acquired SSN, would that qualify our family for a check?

I am a recent immigrant to the US from the UK. I have a wife and two children here who are both American.

I've just found out that my family wont get a stimulus check because we filed 2019 joint tax return last month using my ITIN number (I was a non-resident at the time but still... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 27, 2020

It sounds as if US citizens married to immigrants will not receive stimulus checks. A lawsuit has been filed challenging that decision.

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3 Answers | Asked in Immigration Law for Florida on
Q: I am a permanent resident and am out of a job due to the COVID-19 pandemic. Can I file for unemployment?

Will filing for unemployment be a means for deportation or jeopardize my chances for citizenship?

Hector E. Quiroga
Hector E. Quiroga answered on Apr 27, 2020

You should be able to apply for unemployment. It should not negatively impact your chances for citizenship.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hello, My wife is currently pregnant and she's outside of US. what happens if she's not able to comeback in time?

Hello,

My wife currently is pregnant and due date is June of 2020; She's permanent Resident of US but she's currently located in Moscow, Russia; Im US Citizen currently in US. Due to COVID-19 the travel is restricted now and she might not be able to return to US in time to deliver... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 9, 2020

It is highly likely that your child will be born a US citizen in Russia, and it will just be a matter of registering his/her birth abroad at the consulate or embassy.

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