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Questions Answered by Hector E. Quiroga

1 Answer | Asked in Immigration Law for Michigan on

Q: Do we need to file 130A for her husband? Can we file H1B for her after 130 filed? or we can't as she will have gc files?

I am planning to file 130 for my sister who is married to H1B guy and live in US on OPT.

Hector E. Quiroga answered on Jul 11, 2019

You file and I-130 for your sister. It is not necessary to complete any separate forms for her husband. A copy of their marriage certificate will show they are married. That is sufficient.

1 Answer | Asked in Immigration Law for Alabama on

Q: Was there a change of service centers?

I live in the state of Alabama and I filed for the I-130 for my husband who lives in Albania. I saw that for Alabama we are under the Texas service center, however on my I-797C receipt it says Nebraska Service Center. Is that normal to be processed under a different service center?

Hector E. Quiroga answered on Jul 9, 2019

USCIS spreads the petitions among the service center based on the type of petition. They also try to balance the workload between the centers.

1 Answer | Asked in Immigration Law for Indiana on

Q: Must I update my citizenship status if I file my I-130 as a permanent resident?

I filed I-130 for my unmarried son (above 18 yrs old) with a priority date in May 2014. I'm about to become a US citizen. When I look at the Visa bulletin (July, 2019), I noticed that, the final-action date for F1(US citizen) is 08MAR12; and F2B (Permanent Resident) is 01SEP13. It seems that, my... Read more »

Hector E. Quiroga answered on Jul 9, 2019

Your son can “opt out” of the F-1 priority date, meaning he can continue processing under the F2B category.

1 Answer | Asked in Immigration Law for California on

Q: citizenship process

Hi i am a green card holder and applied for citizenship on November 2018 and went to fingerprint on december 12/2018, but since that i didn't receive any mail or test date. how long should i wait , how long usually it takes?

Hector E. Quiroga answered on Jul 9, 2019

It depends on where you live. Visit this website to see: https://egov.uscis.gov/processing-times/

1 Answer | Asked in Immigration Law for Rhode Island on

Q: initally a naturalized citizen.felony jail. To be deported now sayin not naturalized. If i marry can he stay

He was naturalized by his father and his mother was from england he has lived here for approx 30 years. Felony jail for 14 years now to be deported immediatley. If we marry can he stay or do i have to move away with him

Hector E. Quiroga answered on Jul 9, 2019

There is no guarantee of that; it depends on the felony. He needs to speak with an immigration attorney.

2 Answers | Asked in Immigration Law on

Q: I lied on my US tourist visa application, but I received a letter that I was denied because I did not show strong ties

I lied on my application for a US tourist visa 11 years ago, I was denied, but the letter they gave me said I was denieD because I did not show strong enough ties to my home country, did they not realized I lied on the form, because they did not deny me for misrepresenting?

Hector E. Quiroga answered on Jul 9, 2019

The only thing we could say with certainty is that your visa was. Simply because your visa was denied because you could not show strong ties to your country does not mean that the misrepresentation was not noted.

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2 Answers | Asked in Immigration Law for California on

Q: Can I live in US based on grounds that my entire family is here after my Visa expires

Hi I am currently on h1b and my wife on h4 from India came to US from India on f1 Visa.My parents are permanent resident and I have one Brother who is US citizen through spouse. I don't have anyone back home In India. I have 3 kids all US citizens . I don't have my green card petition filed yet... Read more »

Hector E. Quiroga answered on Jul 9, 2019

That is not sufficient to remain in the US. Any one who is able to petition for you should do it as soon as possible so your time out of the US is as short as possible. Consult with an immigration attorney.

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1 Answer | Asked in Immigration Law for New York on

Q: Re entry permit can affect on green card status?

I have been living here for the last 4 years and now i will get a green card in 5 months. I want to stay in my country for at least one year. So whats process of re entry permit? It does affect on green card

Hector E. Quiroga answered on Jul 3, 2019

You should apply for a reentry permit before you leave. It shouldn’t have any impact on your green card, but it will take longer for you to become a citizen.

1 Answer | Asked in Child Custody and Immigration Law for Florida on

Q: what happens to US citizen children if both parents (legally on non-imigrant visa) die, no other family in US?

I am a foreign citizen previously on J-1 now on O-1 visa. I had children while on J-1 which are US citizens. My wife is also foreign born (J-2, now O-3). I would like to know what would happen to our children, for some reason, we both were to die. Who would retain custody (no family members in US,... Read more »

Hector E. Quiroga answered on Jul 3, 2019

Most of your question is family law based, but as the question about US citizenship: because they were born in the US, they are US citizens.

1 Answer | Asked in Immigration Law for Virginia on

Q: This is regards to H4 to F1 conversion (Stamping in India). Rejected 1st time what are chances of approval 2nd time?

My wife went to India for H4 to F1 stamping and the visa got rejected with 214(B) clause and the description says it as the potential immigrant.

Interview questions were asked about OPT and why changing from H4 to F1.

What are the chances of approval for the second time?... Read more »

Hector E. Quiroga answered on Jul 3, 2019

You wife needs to show that she has significant connections to India that would preclude her wanting to stay in the US—family, assets, school or work, etc.

1 Answer | Asked in Immigration Law for Texas on

Q: Do I need to report change of address (to USCIS) for extended visit during the Naturalization Process?

I am a resident of Texas and I am in the naturalization process in the State the Texas. My wife lives & works in Georgia. She is going through some medical issues and I have to stay with her for 4-5 months starting from August, 2019. My employer in Texas has agreed to give me an unpaid leave until... Read more »

Hector E. Quiroga answered on Jul 3, 2019

If your interview is scheduled during that time, you will need to return to TX for it, but there is nothing else that suggests any problems.

1 Answer | Asked in Immigration Law for California on

Q: Does H4 transfer need to be complete before I join my new employer. H1 transfer is done

H4 biometric appointment got scheduled in Boston for us, where as we are located in CA. And that too 3 days for 3 people. How smooth is rescheduling,by when do we need to get the H4 process completed, ie.if i submit resignation and my company withdraws sponsorship before their H4 process is... Read more »

Hector E. Quiroga answered on Jun 28, 2019

You can request that the appointments be rescheduled. The instructions are on the form. It is a relatively easy process. You might even try going to the local office with the notices you have to see if they’ll just take your biometrics.

The fact that you have resigned and the company...
Read more »

1 Answer | Asked in Immigration Law on

Q: I gave birth in America and gave my twins the citizenship! Yet I lost my visa?

I gave birth in America and gave my twins a citizenship while I’m on a tourist visa and after a while I flew back to my home city in the Middle East! And for the last 5 years I have been trying to make a visa yet I get denied each time! This year I also tried another time and I got denied ever... Read more »

Hector E. Quiroga answered on Jun 28, 2019

Without knowing all the details, it is hard to say. If you overstayed your visa by a year, you are barred from returning to the US for 10 years. It could also be that because you have US citizen children, the government thinks that you will just remain in the US until one can petition for you.

1 Answer | Asked in Immigration Law for Iowa on

Q: I am permanent resident with an 1-130 petition for my daughter her priority date is 5/7/2018 will a visa be granted soon

The petition was submitted just a few days after her 20 birthday which was May 3, 2018, so as of today she’s 21. I did receive the I-797c notice with the priority date, which is May7th 2018. So Based on the current visa bulletin of July 2019 will her case be moving anytime soon.( is she now... Read more »

Hector E. Quiroga answered on Jun 28, 2019

Your daughter’s priority date is current (that’s what the “C” means on the visa bulletin). You and your daughter should be notified soon about being able to file the visa application.

Your daughter’s age will be adjusted backward by the amount of time it took to process the visa petition.

1 Answer | Asked in Immigration Law, Traffic Tickets, Civil Rights and Municipal Law for Florida on

Q: Can we get in trouble? Thank you!

Me and my father are living in Florida, and he got the Nevada Driver's License, because there he has the documents that they required. We bought a car in Colorado. But now we are in Florida, with Nevada drivers license only, we don't have the required documents to get a Florida's License. We have... Read more »

Hector E. Quiroga answered on Jun 25, 2019

You probably want to speak with an immigration attorney in Florida. If you do get pulled over, the officer may ask questions that could reveal your legal status in the country. If the jurisdiction in which you are pulled over has an interagency agreement with ICE, simply being pulled over and... Read more »

1 Answer | Asked in Immigration Law for Illinois on

Q: Should we marry in the US or Mexico?

I am a US citizen and I have a Mexican fiance who lives in Mexico. I am moving to Mexico with her. Should we get married in the US or in Mexico to prevent any Visa issues when we come visit the us in the future? She currently has tourist visa and has visited in the past.

Hector E. Quiroga answered on Jun 25, 2019

The US will recognize any marriage that is valid within the jurisdiction within which it is performed. Mexico recognizes civil marriages performed before an official of civil registry but not religious ones.

1 Answer | Asked in Immigration Law for California on

Q: I have a pending I-485 for an EB-3 (pending), but I want to file an I-485 through marriage is this an issue?

I was in the process to get my EB-3 through a company and they had filed an I-485 on my behalf, but it is taking too long and they are unresponsive. My husband is a US Citizen and we wanted to go process the I-485 and I-130a with other forms like (g-1145, i-131a, i-693, i-765, i-864). We have been... Read more »

Hector E. Quiroga answered on Jun 25, 2019

File a copy of the withdrawal letter with the new application. It is not necessary to wait for USCIS to respond.

2 Answers | Asked in Immigration Law for California on

Q: My son is born one month after I submitted petition, I-130 form, for my spouse. Can I add our son to that petition?

I have a status of LPR. In January 2019 I submitted I-130 form for my wife. In February 2019 our son is born. Is it possible to add him to that petition I have already submitted for my wife or I should submit separate petition for my son?

Hector E. Quiroga answered on Jun 25, 2019

It isn’t necessary to add your son. Just notify the National Visa Center of his birth at the appropriate time.

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2 Answers | Asked in Immigration Law for District of Columbia on

Q: How to sponsor parents for green card?

My sister is currently attempting to sponsor my parents in receiving their green cards. My parents are currently on A-2 visas because my dad is employed with the Thai embassy as local staff. They both do not have medical records because rural thailand does not keep track of those very well. I... Read more »

Hector E. Quiroga answered on Jun 25, 2019

You sister can file the visa petitions at the same time your parents file applications for green cards. Your sister will need to show financial sponsorship, too. Your parents will need to get medical exams, and any doctor qualified to do immigration medicals will be able to give them all of the... Read more »

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2 Answers | Asked in Immigration Law, Family Law, Child Custody and Juvenile Law for Ohio on

Q: Can a permanent resident get emancipated without fear of deportation?

I’m a minor who wants to be emancipated when I graduate at 17 and 4 months old. My father and I are permanent residents. If I can completely support myself by graduation and petition the court for emancipation, will I have a chance for them to allow it? Will I be an illegal immigrant then because... Read more »

Hector E. Quiroga answered on Jun 25, 2019

You are not in danger of losing your permanent residence if you emancipate yourself. If your father becomes a citizen after you emancipate but before you turn 18, you will not automatically become a citizen.

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