Questions Answered by Hector E. Quiroga
Q: My partner got denied a tourist visa for the US. We want to get married, should we wait till I become a US citizen?
Hector E. Quiroga's answer
It will be hard for her to show ties to the UK is she is planning to come to the US to marry you. Applying for an immigrant visa is very different. The expectation is that she will immigrate to the US. If the nonimmigrant visa was denied simply because she couldn’t show connections to the UK, then that won’t impact an immigrant visa application at all.
It will be hard for her to show ties to the UK is she is planning to come to the US to marry you. Applying for an immigrant visa is very different. The expectation is that she will immigrate to the US. If the nonimmigrant visa was denied simply because she couldn’t show connections to the UK, then that won’t impact an immigrant visa application at all.
Q: It's been 6 months and still no marriage interview appointment. Anything we can do for an update or to expedite?
Hector E. Quiroga's answer
A lot of the time it takes to be scheduled for an interview depends on where she will have it. Large cities have longer waits just because more people are applying for immigration benefits there. Visit the following website to get an estimate of how long it will take in your jurisdiction.
https://egov.uscis.gov/processing-times/
A lot of the time it takes to be scheduled for an interview depends on where she will have it. Large cities have longer waits just because more people are applying for immigration benefits there. Visit the following website to get an estimate of how long it will take in your jurisdiction.
https://egov.uscis.gov/processing-times/
Q: I have visa F1(PhD student) and my husband F2, an employer is offering a permanent job to him (EB3), how to do it?
Hector E. Quiroga's answer
Yes. Because the visas are available only to foreign workers who can show they won’t be taking jobs from Americans, the employer has to show that they have done their due diligence to try to find a US worker to fill the position.
Yes. Because the visas are available only to foreign workers who can show they won’t be taking jobs from Americans, the employer has to show that they have done their due diligence to try to find a US worker to fill the position.
Q: In Form I-130, do I need to write beneficiary's name and address in their native language?
Hector E. Quiroga's answer
Since that is specifically requested, we recommend that you find someone who can put that information in that section for you. Alternatively ask your wife to write it down and send it to you. Then trace it onto the form.
Since that is specifically requested, we recommend that you find someone who can put that information in that section for you. Alternatively ask your wife to write it down and send it to you. Then trace it onto the form.
Q: Will getting an Earned Income Tax Credit or an ACA Exemption affect my chances of being granted permanent residency?
Hector E. Quiroga's answer
First, you’ve already passed the period when a public charge determination would be made. Filing the I-751 doesn’t change that. As long as you are otherwise eligible for those things, you won’t have any problems.
First, you’ve already passed the period when a public charge determination would be made. Filing the I-751 doesn’t change that. As long as you are otherwise eligible for those things, you won’t have any problems.
Q: For the I-864 immigration form, is it ok to send a W-2 worksheet in place of the actual W-2?
Hector E. Quiroga's answer
No, but it doesn’t matter. You don’t need to send your 2016 W2, only your most recent one—ideally 2018 but you can still submit 2017 until the end of March. You can get transcripts of W2s at your local IRS office or online.
No, but it doesn’t matter. You don’t need to send your 2016 W2, only your most recent one—ideally 2018 but you can still submit 2017 until the end of March. You can get transcripts of W2s at your local IRS office or online.
Q: How long before I have to activate my H1 via consular processing? Can this H1 is transferred before it is active?
Hector E. Quiroga's answer
If you are in the United States, you can change your status; you don’t need to return home to get a visa. You say you are consular processing, however, which implies that you plan to return home. The I-129 approval notice should provide you with a window during which you must apply for the visa, if you do leave. If you do leave after you change your H1B status, you will need to apply for an H1B visa to return to the US.
If you are in the United States, you can change your status; you don’t need to return home to get a visa. You say you are consular processing, however, which implies that you plan to return home. The I-129 approval notice should provide you with a window during which you must apply for the visa, if you do leave. If you do leave after you change your H1B status, you will need to apply for an H1B visa to return to the US.
Q: Summoned to court and I am a non citizen, will proveing my character help with my case if ICE is contacted?
1 Answer
| Asked
in
Criminal Law, Immigration Law and Traffic Tickets
for
Georgia
on
Answered on Feb 28, 2019
Answered on Feb 28, 2019
Hector E. Quiroga's answer
Unfortunately, simply being a good person and paying your taxes is not enough to excuse you are in the country without permission.
It is possible that you could be detained by ICE at court, yes. It does happen.
The fact that you have been here for so long, and the fact that you have strong connections to the United States, including (it sounds like) US citizen children, you might be eligible for some immigration relief before an immigration judge. Talking with an immigration...
Unfortunately, simply being a good person and paying your taxes is not enough to excuse you are in the country without permission.
It is possible that you could be detained by ICE at court, yes. It does happen.
The fact that you have been here for so long, and the fact that you have strong connections to the United States, including (it sounds like) US citizen children, you might be eligible for some immigration relief before an immigration judge. Talking with an immigration...
Q: Am I eligible for a green card?
Hector E. Quiroga's answer
There is nothing that you have said that indicates you are eligible to apply for permanent residence at this time. If you marry a USC, that would change your situation, but based on the information you provided, that is the only thing that would under current law.
We recommend that you consult with an immigration attorney to see what other options might be available, based on your individual circumstances.
There is nothing that you have said that indicates you are eligible to apply for permanent residence at this time. If you marry a USC, that would change your situation, but based on the information you provided, that is the only thing that would under current law.
We recommend that you consult with an immigration attorney to see what other options might be available, based on your individual circumstances.
Q: Can my son get his old priority date ( F1 of a US citizen mom) after getting married and now he’s divorced?
Hector E. Quiroga's answer
When your son married, the petition that you filed on his behalf was terminated. The only way to get it reinstated is to get it annulled and try to show that the marriage was not valid in the first place. Divorce in itself is not sufficient. Otherwise you will need to file a new petition for him.
When your son married, the petition that you filed on his behalf was terminated. The only way to get it reinstated is to get it annulled and try to show that the marriage was not valid in the first place. Divorce in itself is not sufficient. Otherwise you will need to file a new petition for him.
Q: Does your American spouse have to submit taxes of the last year or of the last 3 years when applying for my residence?
Hector E. Quiroga's answer
I-130s take about 8 months or so to get approved, so you shouldn’t have to wait much longer.
You do not say it, but it sounds as if you are in the United States. If that is true, then once the I-130 is approved you can apply for permanent residency. If your husband is a citizen, and if you entered the US on a visa, you might be able to apply for residence in the United States. If so, you can apply for a temporary work authorization at the same time. Once you have that, you can get a...
I-130s take about 8 months or so to get approved, so you shouldn’t have to wait much longer.
You do not say it, but it sounds as if you are in the United States. If that is true, then once the I-130 is approved you can apply for permanent residency. If your husband is a citizen, and if you entered the US on a visa, you might be able to apply for residence in the United States. If so, you can apply for a temporary work authorization at the same time. Once you have that, you can get a...
Q: Illegal summoned to court for 2 tickets. No arrest made, Mexico LC was displayed to officer. What will happen in court?
1 Answer
| Asked
in
Traffic Tickets, Criminal Law and Immigration Law
for
Georgia
on
Answered on Feb 25, 2019
Answered on Feb 25, 2019
Hector E. Quiroga's answer
Definitely get him an attorney. Criminal activity can impact an immigration case, so concern is not unwarranted. Contact your local bar association for a referral to an attorney familiar with this type of law.
Definitely get him an attorney. Criminal activity can impact an immigration case, so concern is not unwarranted. Contact your local bar association for a referral to an attorney familiar with this type of law.
Q: Can I use my GC with my maiden name and my documents (drive license and SS) with my marriage name for work?
Hector E. Quiroga's answer
You can request a name change through the court.
It may be difficult to get employment if the name on your green card and social security card don’t match. Getting your name changed through the court may be your best bet.
It is curious that the adjudicator wouldn’t show your married name on your green card. You should be able to submit a Form I-90 with your marriage certificate (showing your name change) and get a new green card in your married name.
You can request a name change through the court.
It may be difficult to get employment if the name on your green card and social security card don’t match. Getting your name changed through the court may be your best bet.
It is curious that the adjudicator wouldn’t show your married name on your green card. You should be able to submit a Form I-90 with your marriage certificate (showing your name change) and get a new green card in your married name.
Q: I get charge of petty larceny for $200 I'm in the process for adjust of status for the green card this will affect me?
Hector E. Quiroga's answer
Depending on the circumstances, specifically the maximum sentence and the amount of time to which you were actually sentenced, you could be eligible for an exception. We strongly recommend that you contact an immigration attorney in your case.
Depending on the circumstances, specifically the maximum sentence and the amount of time to which you were actually sentenced, you could be eligible for an exception. We strongly recommend that you contact an immigration attorney in your case.
Q: What happens if I abruptly terminate my US F-1 status in the middle of the semester?
Hector E. Quiroga's answer
We recommend that you speak with your school’s DSO. Generally under the circumstances you will want to go through the proper channels so you do not jeopardize your ability to reenter the US. It is more than likely a question of notifying the proper authorities of your intentions and then following all instructions for withdrawing.
We recommend that you speak with your school’s DSO. Generally under the circumstances you will want to go through the proper channels so you do not jeopardize your ability to reenter the US. It is more than likely a question of notifying the proper authorities of your intentions and then following all instructions for withdrawing.
Q: B2 extension approval odds?
Hector E. Quiroga's answer
What you want to do is quite possible. There are timing constraints regarding switching from B-1 to F-1, so be careful. We recommend that you consult with an immigration attorney through this process.
What you want to do is quite possible. There are timing constraints regarding switching from B-1 to F-1, so be careful. We recommend that you consult with an immigration attorney through this process.
Q: Possibility of expediting EAD/AP while L1 extension pending
Hector E. Quiroga's answer
It is likely that the I-765/I-131 has been approved or will be soon. If your current attorney is not responding to your inquiries, you might want to consider shifting your case to another who can request your file from the first attorney.
It is likely that the I-765/I-131 has been approved or will be soon. If your current attorney is not responding to your inquiries, you might want to consider shifting your case to another who can request your file from the first attorney.
Q: As a legal resident for 20 years, can I visit my home country for 2 weeks and be deported when I come back?
Hector E. Quiroga's answer
Being a resident for 20 years and then visiting your home country for 2 weeks does not make one deportable. To be deportable or inadmissible, you’d have to do something in violation of the terms of your status, like commit certain crimes. If you have any concerns regarding any actions that might make you deportable or inadmissible, you should talk to an immigration attorney.
Being a resident for 20 years and then visiting your home country for 2 weeks does not make one deportable. To be deportable or inadmissible, you’d have to do something in violation of the terms of your status, like commit certain crimes. If you have any concerns regarding any actions that might make you deportable or inadmissible, you should talk to an immigration attorney.
Q: If my dad was arrested under criminal charges, what are the chances of having to go in front of an immigration lawyer?
Hector E. Quiroga's answer
Depending on the circumstances, your father could be detained by immigration authorities, but it is difficult to say without more information. Certainly consulting with an immigration attorney to see what the impact of the criminal charges/convictions against your father. If he is undocumented, it might not matter what the crime is however; if he is turned over to immigration authorities he could be deportable simply because he is in the country without permission.
Depending on the circumstances, your father could be detained by immigration authorities, but it is difficult to say without more information. Certainly consulting with an immigration attorney to see what the impact of the criminal charges/convictions against your father. If he is undocumented, it might not matter what the crime is however; if he is turned over to immigration authorities he could be deportable simply because he is in the country without permission.
Q: I'm a Canadian citizen applying for an IT Security Awareness Training position. What type of work visa would I need?
Hector E. Quiroga's answer
Depending on the circumstances, there could be other options. Do you want to immigrate to the US or do you want to work there temporarily? Your best bet, or that of any potential employer, would be to consult with an immigration attorney.
Depending on the circumstances, there could be other options. Do you want to immigrate to the US or do you want to work there temporarily? Your best bet, or that of any potential employer, would be to consult with an immigration attorney.
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