Questions Answered by Hector E. Quiroga
Q: Can permanent resident be deported if renewal green card is lost in the mail. Filed I-90. Still waiting.
Original card expired almost a year ago. My new card was mailed at the end of June. When it was returned I filed the I-90 form. But according to the website the processing time could be another year. With everything going on in our country I am worried about deportation while waiting for... Read more »
Your permanent residence doesn’t expire with your card. You can keep a copy of the renewal notice with you, or you can contact USCIS to see if you can get temporary evidence of your status.
Q: Do we have to carry immigration documents to travel to Port Aransas from Austin?
My name is Nivesh Pandya and I am currently waiting on the H1-B approval notice. I am not sure if it is safe to travel to Port Aransas as my current immigration status F-1 is valid only till Oct 18th. Can you please suggest if I should travel to port Aransas?
Port Aransas is in TX. It should be as easy for you to go there as anywhere else in the US.
Q: How long does a green card holder have to be absent before they are considered to have abandoned their green card?
My mother in law is a green card holder, through my wife who is a citizen. She has traveled back to Ukraine to take care of her elderly mother.
If she is out of the country for more than a year, there is a presumption that she has abandoned residence.
Q: Can I file for naturalization with a pending 1751 switch from joint to waiver on abuse?
Case was transferred to schedule an interview. I filed Feb 2018 was sent an RFE to which I responded. Case updated to case transferred to local office to schedule an interview.
It depends. If you are still married to and living with your abusive spouse, then probably. If not, then only if you have been a resident for five years can you do this. You really should consult with an immigration attorney.
Q: Can I reapply for adjustment of status with my husband?
My husband and I were scheduled for our interview for change of status (I-130). We were having marital trouble and did not attend the interview. We have been to counseling and have decided to continue with the marriage but we already recieved the letter that the case was denied and I reinstated my... Read more »
Yes, but you will want to be prepared for extra scrutiny from USCIS under the circumstances. Prepare as much good faith marriage information as possible.
Q: Can someone apply for dependent visa, if green card application has been filed already ?
If parents are in US and they file green card for their daughter (who is above 22 yrs old) living outside US , can daughter apply for F2 dependent visa if she gets married with F1 visa holder ? Does she need to cancel the ongoing application process ?
She should be able to come on an F2 without impacting the visa case. She needs to make sure she abides by all terms of the F2 visa.
Q: Citizenship and possible back taxes.
My citizenship interview is scheduled for September. I may owe taxes to the IRS.
1. My former husband and I had an installment agreement with the IRS. We divorced in 2018; the marriage settlement agreement states that “the debt to the IRS” (it doesn’t specify the amount owed or the... Read more »
1. Take a copy of the that and the divorce decree to the interview.
2. It could facilitate adjudication if you bring it.
3. First, don’t assume it doesn’t. Second, they go off of what the applicant says on the application and in the interview.
Q: Can I apply for naturalization with a pending i751 with waiver based on abuse?
It depends. If it has been more than three years since you got your first (CR-1) green card, and you are still living with and married to your USC spouse, then yes. If you are no longer living with the USC spouse, then no.
Q: We signed an affidavit of support for my brother-in-law. He has a temporary green card. He has medical and food stamps.
He applied without letting us know, and he is also scheduled to have surgery. The surgery is not an emergency. Will we be held responsible for the surgery and the food stamps? We live in California.
It is hard to say. Some states provide access to certain benefits for some citizens. It could be that he was eligible for these in CA. You should discuss this with a state social worker or an immigration attorney in CA familiar with benefit eligibility for non-citizens.
Q: What type of lawyer does it need? Criminal or immigration or both?
A member of our community is currently in jail for Fraud use /Poss. of ID, Failed to ID, and ICE hold. Before that event, he was on an ICE bail. He entered with the United State with a different name. He is now married to an American citizen and 2 kids (with different mothers). He has a currently... Read more »
He needs an immigration attorney with knowledge of criminal actions on immigration cases.
Q: Will asylum for Canada affect my US I-130 filed by my sibling 7 years back?
If I file for asylum in Canada, will it affect my ongoing US I-130 filed by my sibling 7 years back.
There is no reason why it should.
Q: What happens if I missed annual checkup appointment with ICE? I am married to US citizen and my I-130 was granted.
I also have a witholding of removal granted in 2011
Probably nothing, if you get in touch with ICE right away. The longer you wait, the more issues you will have.
Q: HI, I am a green card holder but a citizen through my parents. I want to change my name and gender.
When I was 15, I was naturalized as a citizen through my parents. But I've got a green card. I know for a fact that this is what happens and I don't need a naturalization certificate to apply for a US passport.
But before I apply, I want to change my name and gender. Does this complicate... Read more »
You are a citizen; you don’t need a green card. A US passport or certificate of citizenship is sufficient to prove your status.
Changing your name/gender will likely create delays, yes. Make sure all changes are well-documented.
Q: Would an expunged "Minor in Possession" of alcohol misdemeanor record be grounds for denying US citizenship?
I received a minor in possession misdemeanor back in college 20 years ago in California and the record was expunged after paying the fine and completing an alcohol education class. Would this be grounds for denying citizenship? (Assuming I state the expunged record on my application). I have been a... Read more »
Minor in possession is not a ground of deportability. Twenty years is far outside of the time you must show good moral character (5 years). This should not impact your citizenship case.
Q: H1B - Switching Employer on Receipt Notice - In case of Denial can I switch to different employer without leaving US?
I am working on h1b with employer A and Visa is stamped valid till 2020. I94 is valid till 2020.
I am planning to move to Employer B, Visa transfer is in progress in premium processing and I am planning to start working with employer B on receipt notice.
Q: If the visa transfer is... Read more »
It depends if you’ve accrued any unlawful presence (out of status). If you are able to stay in status during all of this, you should be able to do that.
Q: Can grandparents with green card earn social security compensation?
They are going for their citizenship but are unable to maintain a job do to age. Social security a possible source of income?
It depends on a variety of factors. If they are otherwise eligible, then yes. They should discuss their case with the social security office or with an attorney with expertise in this area.
Q: Unemployed during OPT F1 for over 90 days. Options?
Myself and my wife are Canadian citizens and Green Card holders. Our son is in the US on OPT F1. However he was unemployed for over 90 days while on OPT and is now out of status (for about a month now). Should he leave for Canada, or can he stay if we file sponsorship application for him in 2B... Read more »
He must leave for Canada. It will take years under 2B preference category for a visa to become available for him. He is not able to work in this scenario. He might consider another visa type, like TN.
Q: I am married who lives in US, PA and wife is my 1st cousin she lives outside the US.
I am married who lives in US, PA and wife is my 1st cousin she lives outside the US.
can I file i130 form for her without problems even it is illegal from marrying 1st cousin under Pennsylvania law.
I am already married I only need to bring her to US.
As long as the marriage is legitimate where it takes place and the state in which you intend to settle in the US recognizes it, too.
Q: If I marry someone from the UK then come back to the US for a year to finish my degree, what visas would we need to get?
He lives in the UK (Northern Ireland) now, the wedding would likely be there next summer. I’m from the US and would be halfway through my Masters program (only one year left until it’s finished). After I finish my degree we would move to the UK.
I’m trying to figure out what visa I... Read more »
There are not many options, given your ultimate intent to move to the UK. Nonimmigrant work visas are hard to obtain, but if he has an employer with a US office, he might be able to be transferred to the US for a year. Otherwise he can consider H1B or H2A/H2B visas. He’d need to find an employer... Read more »
Q: F1 visa to EB2
I am on my F1 visa and my former employer applied for my I 140 which got denied (it has something to do with my employer eligibility). Now my current employer is going to sponsor me for my new I 140. Do I have to include my previous work experience in this case? I would want start over without... Read more »
The Labor Certification process requires information about previous employers.
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