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Questions Answered by Hector E. Quiroga
1 Answer | Asked in Immigration Law for Texas on
Q: Could I apply for Special Immigrant Juvenile Status?

I am a 17 year old living in Texas who was brought into the united states illegally at the age of about 14 months, I have never had a father figure due to the fact that he abandoned my mother and I, a bit after my birth [in Mexico], and am really looking for a way to legalize myself due to the fact... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 21, 2020

In order to get that status, you have to show that you are in the custody of the state. If you are living with your mother, that is probably not the case.

1 Answer | Asked in Immigration Law for Georgia on
Q: By when do I have to mail in my I-539 application?

I am an F1 student pursuing an undergraduate degree in business management at Georgia Tech. Due to unstable mental health, I was academically dismissed and SEVIS was terminated on August 27. I later petitioned to the Faculty, and the dismissal was revoked on medical grounds on December 12. So now I... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 21, 2020

Ideally it will be received by USCIS no later than the 27th. You should send anything to explain why your status should be extended/reinstated, so it is probably a good idea to include the Petition.

1 Answer | Asked in Immigration Law for Georgia on
Q: Can my husband and I try to apply for his citizenship?

My husband is trying to get his citizenship but has a domestic charge from 2009 (I was the victim) and possession (less than 5g) from 2013. We tried to go through a lawyer previously who scammed us of our money. He applied for citizenship prior to us being married but was denied. What can we do?... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 21, 2020

A domestic violence conviction can negatively affect a citizenship application, but to know for sure if it requires knowledge of the statute under which he was convicted.

Also, the possession issue is serious unless the substance was marijuana for personal use.

We understand that...
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3 Answers | Asked in Immigration Law for Florida on
Q: My mother (green card holder) married an US citizen. I got my green card from him. How long I become a US citizen?

My mother has a green card. My stepfather is a US citizen and I got my green card from him. Do I have to wait 3 years or 5 years to become a US citizen?

Hector E. Quiroga
Hector E. Quiroga answered on Jan 21, 2020

You have to wait 5 years.

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3 Answers | Asked in Immigration Law for Florida on
Q: 3 years wait time for naturalization, can some time counts towards that 3 years?

I am married to an american citizen for 10 years prior to coming to the US, in 2018, on an L1-A (manager transfer) visa. I received my green card last December of 2019 after a petition for alien relative.

I understand naturalization has a 3 years wait time before applying, after obtaining... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 21, 2020

No. It starts from when you become an LPR.

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1 Answer | Asked in Immigration Law for North Dakota on
Q: What to do if you are on OPT and receive the EAD before the OPT expires?

I'm getting married in May, and I am also graduating from my MBA in May (I have a F-1 visa). I'm planning on applying for the OPT soon and applying for the green card right after the wedding in May. How does it work if my OPT start date is in June, for example, and I apply for the green card at the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 16, 2020

First, it doesn’t make sense to apply for an EAD through adjustment right off, since you will have a current EAD. If your OPT EAD comes to within four months of expiring, and your green card has not yet been approved, you can apply for a new green card based on a pending adjustment application at... Read more »

1 Answer | Asked in Immigration Law for North Dakota on
Q: Last name is different from birth certificate and passport, can I have issues when applying for green card?

I'm getting married in May and applying for the green card right after, but I was wondering if I can have issues with my future wife changing her last name to mine since on my passport, they put my middle name with my last name My last name on my birth certificate is different from the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 16, 2020

You need to show proof of lawful name change.

1 Answer | Asked in Immigration Law for California on
Q: I got married to get my citizenship. I am now a 5 years citizen can I still get deported?

Someone is threatening me to report me of how I got my citizenship. Can I still be deported?

Hector E. Quiroga
Hector E. Quiroga answered on Jan 16, 2020

In order for you to be deported, the government would need to determine that you married not in good faith but to evade immigration laws. Someone’s say-so that you didn’t is not enough.

2 Answers | Asked in Immigration Law on
Q: Married to green card holder who is active duty army, green card help

I’m an international student and my husband is a green card holder, he is scheduled to be deployed in March and is wanting to file for a spousal green card. We’ve been married 8months now, however I’m still in status as I’m enrolled. How do we go about it? The uscis website says we should... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 16, 2020

The first step is for him to file the visa petition. If you are still lawfully in the country by the time the priority date comes current, you can adjust status here in the US. If your husband is still deployed, it is possible to attend the interview without him being there.

Your husband...
Read more »

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2 Answers | Asked in Immigration Law for Colorado on
Q: A friend wants to immigrate to the US. He has $200K to invest in a business. How can he legally immigrate?

I immigrated to the US in 2002 and became a US citizen in 2008. My friend now wants to immigrate as well and has around $200K to invest in a business here. He is from South Africa and used to be in law enforcement and security. Due to the political conditions, extremely high crime rate, everyday... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 16, 2020

He could get an investor visa if he had $500,000 to invest.

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2 Answers | Asked in Immigration Law for Minnesota on
Q: I want to study Aviation in the US but my Visa won't allow me to. Please help.

I'm a senior in high school and I am currently on a L2 visa until 2022, and I want to study aviation in the US. I was talking to an admissions counselor and she told me "Aviation Pilot is NOT an approved program for those seeking an F-1 visa at this time". Does that mean I can only train for 2... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

An M-1 visa might be an option for you. It is like an F-1 but more for trade school.

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1 Answer | Asked in Immigration Law for Arizona on
Q: Do we need a wedding ceremony or can we get court marrieage or signed by our preist for GC?

My fiance and I've been in relastionship for more than a year. We are living together (6+ months) and engaged for about 3+ months. She is a US citizen and has never been married. Has a 6 year old kid. Both of us have good jobs. I'm currently on H1-B and never out of status. My GC is filed under... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

Either a court marriage or a church marriage, as long as it is recognized by the state, are valid marriages. It doesn’t have to be a big affair.

2 Answers | Asked in Immigration Law for New York on
Q: NOID 4 years ago and when I called the Immigration Courts nothing came up!

Got an NOID for my marriage-based green card application/adjustment of status about 4 years ago and when I called the automated Immigration Courts hotline (1-800-898-7180) with my USCIS #, nothing came up. What could’ve happened? Why would they leave it hanging for that long instead of forwarding... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

You are clearly not in immigration proceedings at this time. You have not been issued a Notice to Appear. Your first step would be to check with USCIS to see what is going on.

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1 Answer | Asked in Immigration Law on
Q: Any problem for visa or immigration if there is a small gap between marriage date and child's birth date?

Hi I am from India. As per marriage certificate, my marriage date is 3rd April 2017. My son was born on 10th june 2017. Does this create any problem for H1B visa or green card? Will there be any questions asked regarding this?

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

No to both.

2 Answers | Asked in Immigration Law for Oregon on
Q: can I travel with the passport from my country of origin as a green card holder through asylum to other countries?

I wouldn’t go to the country where I’m claiming persecution from. Just other countries but without applying for a refugee travel document

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

In general, availing yourself to the protection of the country from which you are seeking asylum can be perceived as evidence that the danger is no longer an issue, and using your home country-issued passport could be perceived as that. To avoid issues, it would be safer to apply for a refugee... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Can I travel to Canada with my Mexican passport?

I am currently living in California, I am undocumented and I am 18 years old. I have my Mexican passport and California DL, I was wondering if there is any way for me to travel to Canada legally. From what I’ve heard you can travel to Canada with a Mexican passport and a visitor visa, but in my... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

You will need to see what Canada requires for Mexican citizens visiting Canada. You also must consider your return to the US. It is highly unlikely that you would be allowed to reenter.

1 Answer | Asked in Immigration Law for Virginia on
Q: Confused with I-864 and I-864EZ.

I am sponsoring my spouse as a permanent resident and her interview is in two days. I completed NVC review process few months before with I-864 form but few days before I found that I need to fill I-864EZ form. Is it ok to take both the form I-864 and I-864EZ during interview or carrying just... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

You should be OK with the I-864.

2 Answers | Asked in Immigration Law for Kentucky on
Q: My wife is a US Citizen, sponsoring me. she has 3 kids, all US Citizens and adult. Do I list them on I-485 as stepkids?

Page 8, Part 6 of the I-485 asks to indicate the total number of all living children, which includes stepchildren … my wife, who is my sponsor, has 3 adult children from previous marriages. Technically, they are my Stepchildren, but they are already US Citizens by birth. How do I proceed with this?

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

The plain reading of the application states that you should included them.

On the last page of the application you can provide an explanation.

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4 Answers | Asked in Immigration Law for Florida on
Q: Is it going to be a problem if someone overstayed leave to go back to own country?

Hi my friend from Canada over stayed , now she wants to go back to Canada , will she be in trouble when she leaves ?

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

Not when she leaves, but possibly when she wants to come back. It depends on how much time beyond her authorized stay she remained in the US.

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4 Answers | Asked in Immigration Law for Florida on
Q: My girlfriend lives in Italy. I was born and raised in the United States. I own a business. How can my girlfriend stay?

I have a business

I am an investor

I would be able to create a trust with her name.

She is interested in being able to stay for half of the year, and travel back the other half.

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

Normally a tourist visa should allow her to do that.

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