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Questions Answered by Hector E. Quiroga
1 Answer | Asked in Immigration Law for California on
Q: I have my N-400 interview scheduled while I'm traveling abroad. I'll be back two days before the interview.

I found a statement on the notice that I should reschedule my interview if I've traveled outside the US in the past two weeks as part of the covid-19 safety measures. However, I didn't see that on their webpage, only if you're ill or have symptoms. Should I: - Call to reschedule... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 10, 2020

The fact that you’ve travelled will likely come up in databases that keep track of such things, unless you traveled to Canada or Mexico. Under certain circumstances. It is hard to say what you should do, though know that you might get turned away if you show up at the interview and tell staff... Read more »

1 Answer | Asked in Immigration Law for Georgia on
Q: Can my fiancé stay in the US legally while my permanent residency application is being processed?

I am an asylum status holder in the US and planning my marriage. My fiancé's visa will expire in a year and I know that it could take a long time before I get my residency approved. Can she stay in the US legally while my application is being processed even her visa expires? If the answer is... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 10, 2020

Your fiancé(e) must leave the United States when her I-94 expires or try to extend her stay. Certainly being married could give your fiancé(e) a stronger connection to the United States, but it wouldn’t guarantee that she wouldn’t be deported.

1 Answer | Asked in Immigration Law for Arizona on
Q: Hello, can I married my boyfriend who is a US citizen with my B1/B2visa?

Hello, we are planning to get married my boyfriend, who is a U.S citizen and me. We were planning to get married on september, but due the Corona , the border is closed and I cannot enter the United Stated with my tourist Visa. I have a B1/B2 visa that expires on April 2021 and I also have a... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 10, 2020

You aren’t supposed to enter the US to get married on a tourist visa. If you are questioned at the border, and it becomes clear that you plan to marry once you enter the US, your visa could be revoked, and you could be banned from entering the US for 5 years.

1 Answer | Asked in Immigration Law on
Q: Could my student visa to Germany be denied because of being an asylum seeker in the US?

Hi, I am from Iraq and I live in the US. I came here student visa to do my undergrad in biology in 2013. In 2016 I applied for asylum here in the US. Process still pending since then. I am residing legally as an asylum seeker (have not been granted asylum yet). I applied for a Gottingen University... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 10, 2020

That is something you will need to discuss with the German authorities.

3 Answers | Asked in Immigration Law for California on
Q: My cover letter in response to RFE has a typo in the receipt number. It is sent now, do I need to worry?

I included the original RFE letter from USCIS, which has the correct receipt number, together with my evidence.

Hector E. Quiroga
Hector E. Quiroga answered on Aug 10, 2020

If you sent the letter, you should be OK.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: How can my father be granted with a Green card through myself (an adult US Citizen)?

How can my father be granted with a Green card through myself (an adult US Citizen) after he have been denied entry with a visa in 2000, (lived here between 1999 and 2000) and reentry without inspection (illegal entry) in 2006; but have left the US territory by himself on his own terms in January... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 3, 2020

Sounds like he may have the permanent bar. You can still file a visa petition for him, and then he can file an immigrant visa. He will also need to file Form I-212 to overcome the permanent bar.

1 Answer | Asked in Immigration Law for California on
Q: My friend is a illegal immigrant , he was detentioned by ICE, during bail hearing, I submitted a affidavit as guarantor.

Judge ordered $5000 bail bonds. Another person went to ICE signed the paper and paid the bonds. I did’t signed any paper with ICE, I am not a consigner. Now, my friend he jump bond and run away. Do I responsible to pay the money to that person who signed the paper and paid the bond with ICE.... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 3, 2020

No, you are not required to pay that money.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can I continue my graduate studies while changing status from F-2 to H-4 given that my F-2 is now expired.

My husband recently changed hi status to H1-B, effective from 6/1/2020. That is the same date that my F-2 expired on.

For Now, I only have the receipt notice from USCIS.

Also, can I travel to my home country to get my visa from there if the US embassy reopened while I filed for the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 3, 2020

H4 visa holders can study in the US, and yes, assuming you can travel you should be able to return to your home country to apply for a visa abroad.

2 Answers | Asked in Immigration Law for Georgia on
Q: Traveling interstate with an expired US passport, having overstayed the 90 day ESTA visa stamped on my AUS passport.

I was born in the US but moved to Australia when I was a child. I recently came back to the US, but since my US passport had expired in 2010, I got an ESTA visa through my AUS passport valid until 2021. However; I have overstayed the 90 day permission that was stamped on my Australian passport upon... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 3, 2020

You cannot use an expired passport as a valid proof of identity, and the fact that you’ve overstayed your allotted time could create problems, yes. At this point, your safest bet would be to renew your US passport. At the very least you should take your US birth certificate with you to the... Read more »

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2 Answers | Asked in Immigration Law for New Mexico on
Q: I'm sponsoring my dad's green card application. He previously gave up his GC and doesn't have an I-407 copy--what to do?

My dad married my US-citizen mom and lived in the US for some time on a marriage-based green card. They then moved abroad, and one day in the 1970s he was made to give it up at the port of entry when visiting the US (because he no longer lived in the US). He has no copy of an I-407, which seems... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 3, 2020

You shouldn’t need the I-407. There is nothing on the I-130 that requires information from it. The government will likely possess all needed information related to his earlier green card and his abandonment of residence.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: Should I cancel K1 visa before I apply for green card after I get married in US?

Hi. I'm in the States with J1 visa right now and my American fiance and I are planning to get married here and adjust my status. Actually we had applied for K1 visa in March and were waiting for the approval but we just decided to get married here. So my question is should we cancel the K1...?... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jul 17, 2020

Better to withdraw. Make sure you aren’t subject to the foreign residency requirement associated with some J1 visas.

1 Answer | Asked in Immigration Law for Ohio on
Q: How to apply for B2 Visa renewal while staying the USA? Unable to travel back to home country due to COVID-19

Information regarding the B2 Visitor Visa renewal for my mother while staying in the US.

She traveled to the USA in Dec 2019 and she had expected to return to India in May 2020. However, her flights were cancelled due to COVID-19, so I have applied for stay extension (I539 in progress)... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jul 17, 2020

All she can do while she is in the country is extend her status, and she has taken the necessary steps to do that. She can only apply for the visa out of the country. A visa only allows someone to present themselves at the country’s border to request entry. The I-94 is the controlling document... Read more »

3 Answers | Asked in Immigration Law for Texas on
Q: My L1 Visa will expire in Oct My Wife works under the Visa Her work will provide her TN Can i stay under her TN?

I am also applying for EB1 Green Card in July and am from Canada

Will the loss of the L1 affect the EB1 Application

Will my wife transitioning to a TN affect the application?

Hector E. Quiroga
Hector E. Quiroga answered on Jul 17, 2020

You can get a TD, visa, but it won’t allow you to work. You will need your own TN visa for that. Neither the loss of the L1 visa in and of itself nor your wife’s TN visa should impact the EB1 green card.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Immigration annulment

I got married last October and the marriage sadly ended right away, I filed for a annulment about two months ago and let him know about it before filing. I got married to a man who was here on a 6 month visa by the time we got married it was expired, he got served last week and he called me today... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jul 17, 2020

It sounds like he is in the country without authorization, and simply ending the annulment will change that. He could be placed in removal proceedings, but ICE will likely not be notified of the annulment.

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2 Answers | Asked in Immigration Law for New York on
Q: Can I apply for US Citizenship? My father became US Citizen back in 2017 when I was still 17 (Im a GC holder), I’m 20.

Im a green card holder since 2013, but I went back to my country with a reentry permit every year. In 2019, I decided to come to the US and live here for good. My dad became a US Citizen in 2017 when I was 17 years old. I am now 20 years old, turning 21 on August, but could I still apply for US... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jul 17, 2020

Possibly. You will want to consult with an immigration attorney who can help you make that determination.

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1 Answer | Asked in Immigration Law for Illinois on
Q: Is a grant considered a public fund? Would me getting it affect the filing for the green card process of my husband?

I heard theres a $10,000 grant relief for small businesses impacted by the coronavirus, as much as I need this I do not want to jeopardize my husband's status of becoming a citizen in America. Please advice l, would me getting that grant become a obstacle for him in the future?

P.S... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 23, 2020

This is not a means tested pubic benefit, so it should not impact his case. In addition, if he is filing for citizenship and not a green card (they are not the same thing), then public charge would not be an issue even if aforementioned grant were a public benefit.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I have one year left on my green card and planning to apply for citizenship soon. Have I waited too long?

I am worried that given COVID, it may take longer for processing. Does it make sense to apply for green card extension first and then apply for citizenship?

Hector E. Quiroga
Hector E. Quiroga answered on Jun 23, 2020

USCIS has opened its offices and is processing immigration applications again and performing interviews.

1 Answer | Asked in Immigration Law for California on
Q: Can i apply for F2 visa when my wife's STEM OPT Extension process is on going ?

My wife works in United States and she has applied for STEM OPT extension. Now the USCIS process is still on going and she has not got a reply from them yet.My question was whether i can apply for F2 dependent visa before she gets a reply for USCIS. She applied for OPT extension around 25 may.

Hector E. Quiroga
Hector E. Quiroga answered on Jun 23, 2020

You can, because she has the status, even if she doesn’t have the work authorization itself.

1 Answer | Asked in Immigration Law for Texas on
Q: Please help,I need help with information on how to petition a marriage based green card.

Hi, I’m a US citizen and fiancé is not.He lived in the US for 2 years and had filed for asylum and before he got the interview the leader in his country was removed from power and situation had normalized so he went back a few months later.He did not notify the USCIS that he was leaving the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 19, 2020

There are two different ways to do it. He can come as your fiancé, and you can marry after he arrives. Then he can apply for a green card. You can marry him before he comes, then you can file an immigrant visa petition on his behalf as his spouse. When that is approved, he can apply for an... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: What should I do in my citizenship case?

I took the citizenship interview test and I passed. I have no criminal background and I am good resident, nothing on my record. I took the test last year August and I haven't received a responses. I call today and they said my case is still under review. Its been close to a year now. I saw... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 19, 2020

You can bring suit in federal court forcing USCIS to make a decision in your case. That can be dangerous, because the decision could be in the negative. If you choose to go that route, make sure you have competent legal counsel.

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