Questions Answered by Hector E. Quiroga
Q: Is there a way to accelerate the date of an appointment at the US Consulate in Ciudad Juarez, Mexico?
We have been working on my Mexican wife's green card. She got an appointment date of April 30th, but her medical exam showed a spot on her lung, and they required tests for TB, which took 10 weeks, taking us past the original interview date. The tests were negative, but now the earliest date the... Read more »
At this stage of the game, you have to accept what is available.
Q: Can my husband travel with a visitors visa while his DS-260 Visa application is being processed?
My husband has a non-expired B1/B2 Visitors Visa before he and I married, and before I had petitioned for him. I petitioned for him using the I-130, and am currently with NVC processing. We already filed in all the supporting documents, the affidavit of support and DS-260. We are currently awaiting... Read more »
The challenge for him will to be to show that he is intending to return home after a visa. Having a USC spouse figures negatively into that argument. He must show that he has a variety of connections, including work, family, assets, etc.
Q: I am GC holder who applied for my 3 year old son for a green card in July 2018. It is now May 23rd 2019.
My Son is out of the country. Is it normal to take so long? I filed in Texas.
That’s a little outside of normal processing time. You should be able to contact USCIS to request an update.
Q: What to do when a conditional green card is expired and cardholder has been outside the US for more than one year?
My daughter is a US citizen and applied for K-1visa in August 2013. She and her spouse were accepted for a Fiancé VISA and they got married within 90 days of her Husbands arrival. He got accepted for a Conditional Green Card and obtained it. He has a social security number for work and had a... Read more »
He’s abandoned his residence. He will need to reapply. It is unlikely that he will be able to apply within the US.
Q: My husband is a permanent resident, can immigration deny him reentry because he has a legal cannabis job?
when he flies out to his country in Israel and reenters the usa, will immigration deny him entry due to his profesion? Can they see on record that hes registered with the sheriffs dept. As a legal worker?
No. This could impact him if he files for US citizenship, for which he has to show five years of good moral character. A recent policy change requires a determination of lack of good moral character for people working in even the legal cannabis business.
Q: My husband is planning on sponsoring his father and stepmom from Venezuela. What financial liability do I incur?
I will not be signing anything to help with the process. Also my spouse is military, naturalized U.S. citizen with a Florida residency. I am a natural US citizen born in Missouri and we were married in MO. It is my understanding state residency can influence marital property. I will be coming into... Read more »
From an immigration point of view you don’t need to sign anything or otherwise agree to have your income/assets included in any analysis of your husband’s income.
Q: I am on J1 visa (J1 waiver) and have applied to get an O3 for husbands O1, will I have to leave my J1 instantly upon O3.
I am on J1 visa (J1 waiver) and have applied to get an O3 for husbands O1 and will get an answer soon from the USCIS on its approval. Will that mean I would have to leave my J1 based employment immediately, once it is approved. Or will I get any grace time to leave my current job and move with him.... Read more »
You cannot be in the United States on two different nonimmigrant statuses. Once the O3 is approved, any authorization you have to work as a J1 will be terminated.
Q: Can a person legally change their name on their birth certificate if its from a different country and they are a citizen
The person came into the country 60 years ago, thinking that their middle name was their first name. All of the documentation they have in America is under their middle name, including their social security card. Now they are having issues getting a state id, and new SS card, because the birth... Read more »
Short of going through a legal name change, no. A certificate of naturalization should be sufficient proof of legal name, however.
Q: Naturalization and public charge
I’ve been a lawful permanent resident since 2002. I’m planning to apply for naturalization in 2022. I’m concerned whether or not receiving MFTE housing assistance would affect my naturalization eligibility if the proposed immigration laws regarding public charge change under current... Read more »
Those changes affect those applying for permanent residence, not citizenship.
Q: Should I add my wife to my I-485 petition in my employment-based GC process?
My wife is an asylum seeker and is currently waiting on her second hearing that is scheduled for 2021. My employer is based in Texas and her case is in California. Would her status affect my GC process? Would it be better to finish my process first and then process her GC through mine?
We strongly recommend you speak to an immigration attorney with regards to this issue. A lot depends on if your wife’s case was filed with USCIS or the immigration judge.
Q: Immigration Matter
If my kids are US citizen under the age of 10 years old but refused to go back home with my husband and I . How can my husband and I file for our residency just so the kids can have their heart desire?
Once your oldest turns 21 s/he can file a visa petition on your behalf. Just having USC children is not a basis for applying for permanent residency.
Q: How can I get my parents and sister a tourist visa from Brazil?
I am a green card holder, unemployed. They had their visa denied back when I had a F1 visa last year.
It’s a hard case to make. The burden is on them to show that at the end of temporary travel they will return to Brazil. They have to show they have strong connections there.
Q: If I file an immigrant petition for my siblings, would they find it harder to get visit or work visas in the interim?
I'm a US citizen. I know right now there's a 14 year wait. Want to make sure by applying, I'm not excluding them from traveling to the US for work or vacations.
Not necessarily. They have to show that any visits they take to the US in the meantime will be temporary. They need to show strong connections to their home country.
Q: If my 4 kids are born in the United states can I apply for my residency because of my kids being born here.
If my 4 kids are born in the United states can I apply for my residency because of my kids being born here. Or what necessary steps could my husband and I take ? My kids wants to stay here and do not want to go back home . They are all less than 10yrs old.
Once your oldest turns 21 s/he can file a visa petition on your behalf. Just having USC children is not a basis for applying for permanent residency.
Q: Can I travel outside USA when my EAD (under category A180) is under process?
I have a L2 VISA (valid till Sep 2021) and I have applied for EAD under category A18, and the application was received by USCIS (DALLAS, TEXAS center) on May 2nd 2019.
My spouse has a valid L1 VISA (valid till Sep 2021) and is currently employed in United States.
My question is,... Read more »
As long as you are returning to the US on a valid L2, then a pending EAD application will not impact your ability to reenter in and of itself, nor should your brief absence impact your EAD application.
Q: Can a foreigner married to a US citizen (without Green Card) enter the US on F1 student visa and apply for GC within?
My German husband and I (a US citizen) recently married and both live outside US, but he is applying to US Universities for 2020. Is it possible he can enter the US on an F1 visa and I sponsor him/apply for Adjustment of Status once he has started studying?
He can, but it’s risky. A student visa is for studying, but if his intent is to immigrate to the US, that could jeopardize his application. Being married to a USC carries a great deal of weight against approving the student visa. He’d have to show he was intending to return to Germany at the... Read more »
Q: Will living in a government subsidized housing affect my change of status from non-immigrant to immigrant in the future?
I came to the US from Nigeria in August 2017 to do my PhD with F1 visa. The program is for four years. My family (Wife, 3 yrs old daughter and 1 yr old son) joined me in August 2018 with F2 visas. Our only income is the stipend I receive working as a graduate assistant in my department. More than... Read more »
Once new public charge guidelines come online, the fact that you live in public housing could be one factor that the government might consider in a public charge determination; however, it shouldn’t disqualify you outright.
Q: Can I file I-130 for my birth mother?
My father remarried to an American Citizen and I recently got my citizenship through naturalization. Does that count as adoption to that family?
I would like to invite my birth mother by I-130 but I've also read somewhere that you cannot invite your birth parent if the children have... Read more »
If you were not legally adopted—and the fact that your father married another woman does not mean you were adopted by her—you can file an immigrant visa petition for your birth mother.
Q: When do I actually file to remove Condition from my green card?
I have been married for a year in May 2019. I got my 2 year green card in February 2019 which is valid till February 2021. Do i remove conditions on my green card within 90 days of my second marriage anniversary or is it 90 days of the GC expiration date?
You can file to remove conditions 90 days prior to the expiration date of your green card.
Q: How do I get my brother, an illegal alien in the USA, back to India? He doesn't come back because of the 10 years ban.
He is independently wealthy in India , though he lives under the radar in RI.
He hasn't been back home for over 2 decades. As a result, our inherited real estate in India, is stuck in a quagmire without him being here. Our wealthy grandparents and our mother have passed away during this... Read more »
Based on the facts given, there is no way. If he is married to a USC, or if he has USC children over 21, a petition can be filed on his behalf by someone who meets that criterion, and he can apply for a green card. He might have to apply for a waiver of his unlawful presence.
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.
