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Questions Answered by Hector E. Quiroga
1 Answer | Asked in Immigration Law, Gov & Administrative Law and International Law on
Q: Can I use a valid regular B1/B2 on an old expired DIPLOMATIC passport with a new valid REGULAR passport?

I have seen mixed answers to questions that relate to valid visa on expired passports, such as must be the same type and other in person answers say that as long as it is a non-diplomatic visa, it should be fine. I can not get my diplomatic passport renewed and must now use a regular passport. Is... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 20, 2020

If you have a valid B1/B2 visa in an expired passport, and you have a valid, unexpired passport, the fact that the visa is in a diplomatic passport in and of itself should have no bearing on your ability to enter the US. The nature of the visa does not change depending on the type of passport.... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Do I need to file I865 and AR11 if my physical address outside the USA remains the same but USA mailing address changed?

I am the petitioner petitioning my husband. We already have an approved I130. Our case is at NVC waiting for an interview date. Our physical address remains the same but our mailing address in USA has changed. I already sent an inquiry and notified NVC but do we also have to fill out AR 11 and an... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 20, 2020

The I-865 is not needed until the visa has been approved. You only need to notify USCIS of a changed mailing address if you have a case pending with USCIS. You have one pending with the NVC, so you’ll want to notify that agency.

3 Answers | Asked in Immigration Law for North Carolina on
Q: If my current greencard expired while waiting to receive the renewed card, how could I keep my job?

To be precise, I haven't been able to file for greencard renewal at this point. I will most likely not going to get a renewed card before the expiration. I currently work full-time. What needs to be done to keep my job after I submit I-90 for greencard renewal? Thank you,

Hector E. Quiroga
Hector E. Quiroga answered on Oct 20, 2020

First, your status doesn’t expire when your green card does, so you will still be a lawful permanent resident (unless you have a CR-1 card). Second, after you file you I-90, you can get an extended expiration date sticker put onto your card at the time you have the biometrics appt done.

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3 Answers | Asked in Immigration Law on
Q: Is it worth attempting a GC renewal? GC expired in 2016 after 10 years.

Had to travel outside US for 12+ years working in UK & India with various companies. Had done 2 re-entry permits initially but finally gave up as it was expensive travelling back in US for application & biometrics, each time. Now, I am back in US on L1 with my company for 1.5 years, on work... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 20, 2020

You don’t say how long you were outside the US after you gave up doing the reentry permits. That would be useful. You’ll probably want to consult with an immigration attorney.

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1 Answer | Asked in Immigration Law for Oregon on
Q: If my change of status petition to H1B or EB visa is denied will I loose my F1 status?

I am a first year PhD student on an F1 visa. If I receive a job offer from an NGO or university, and my change of status petition to H1B or an EB visa is denied, will I loose my F1 status and have to leave the country? My F1 visa is currently valid for 3 more years.

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

If your visa is otherwise still valid, the denial of your change of status application will not cancel your F1 visa.

1 Answer | Asked in Immigration Law on
Q: Can dependent with F1 COS application and in college, continue to stay in US, if parent has to abandon L1 status?

I am an L1 visa holder working in US. My dependent is studying here and he has applied for F1 COS for college internship reasons. F1 visa COS is taking time for approval. Can my dependent continue to legally stay and study in US, if I have to abandon my L1 for unforseen reasons and leave the... Read more »

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

Yes. There is no connection between the two visas.

1 Answer | Asked in Immigration Law, Gov & Administrative Law and International Law on
Q: Can I use a valid B1/B2 "R" on an old (expired) diplomatic passport along with a new (valid) regular passport?

I have been given different answers and would a more stable answer surround my question. The visa I hold is valid and is "R" in terms of priority/visa class issued on my now expired diplomatic passport. I did ask a CBP officer once regarding this when it was still valid and she said that... Read more »

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

That is correct. If the visa is valid but in an expired passport, you will need a valid passport, but you can still use it to enter the US.

1 Answer | Asked in Immigration Law for Oregon on
Q: I been in America for over 23 years illegally. I have kids here i was told if marry i would be barred?

Will I be permanently barred from the us...I am an artist and i dont have a criminal record I just need help with a work visa so I can provide more stability for my family

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

Marrying a US citizen or LPR can be a pathway to lawful permanent residence. You might have to return to your native country to attend a visa interview and you might need a waiver to overcome your unlawful presence—the bar of which you speak.

2 Answers | Asked in Immigration Law for Illinois on
Q: Filing for green card requirements?

I recently just realized that i had lost my international passport, and I have just started the process to get my green card. I am beginning to be worried. I would like to know, do if its a requirement that i must have my passport as evidence on entry with immigration, or if i can get another... Read more »

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

You need proof of lawful entry, so if you’ve got a copy of the passport with the visa stamp and/or I-94, you should be OK. You can also request a copy of the I-94. If you entered the US after April 2013, you could even find your I-94 online, though you would need your passport number to be able... Read more »

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1 Answer | Asked in Legal Malpractice, Consumer Law, Employment Law and Immigration Law for New Jersey on
Q: Can I sue my lawyers for legal malpractice? They did not file my petition with the USCIS on time.

I had an L visa. The lawyers hired by my spouse’s company were supposed to file an extension petition with the USCIS for me since we were to return home 2 weeks after my I-94 expiration. However, they did not file the petition properly. Therefore, the USCIS sent a Notice of Deficiency to them,... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 6, 2020

It would be worth your while to at least register a bar complaint against any attorney you feel acted in bad faith. As far as a lawsuit, your best bet would be to consult with an attorney regarding the facts in the case to get an idea if that would be effective.

1 Answer | Asked in Immigration Law for Texas on
Q: How to count days of OOS if my wife's I-94 has gap when file I-485?

My H1 expires Oct 1, 2014. I went back to my country and reentered US on J1 later that year. My wife did not travel back with me. She stayed in the US. After I got back, we filed her J2 application Feb, 2015 which was approved Nov, 2016. But her J2 I94 states the I94 is valid from Nov 2016 to D/S.... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 6, 2020

Generally, when an application is filed, and that application is subsequently approved, the applicant did not accrue unlawful presence during the time the application is pending. If the application is denied, the unlawful presence accrues back to the time of filing. A bigger issue could be the fact... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: Can we put the A# on H4 EAD approval notice in place of A# asked on I-485 and I-693 forms, for a derivative applicant?

My I-140 was approved in April 2019. My filing date became current for the month of October 2020. I am filing I-485 for myself and my spouse (who is currently on H4 with approved EAD). I am currently on H1-B status. I have the following questions regarding filing for AOS, and it would be great if... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 6, 2020

1. Yes.

2. Put the one from the I-140 on the form itself, but add any additional A#s to an addendum or extra info page.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Green card Application - Issue with Last Name in Birth certificate.

I am preparing to apply for Family based Green card through my spose being a US citizen.

I have my birth certificate from India. It does not have my last name/Initial. My last name is same as my Fathers name. My Father's name is on the Birth certificate.

Is not having the last... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2020

It shouldn’t be. You can submit a copy of your passport as confirmation.

1 Answer | Asked in Immigration Law for Indiana on
Q: I-944 Household member

Me and my partner have a joint sponsor who is my partners mother, when we filed our application we all lived together. We recently moved and my partner is going to school, now that the I-944 is back should we add our joint sponsor as our household member? even though they don't live with us... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2020

The only reason why you would add her back is if your partner provides at least 50% of their mother’s financial support, or visa versa.

2 Answers | Asked in Divorce and Immigration Law for Louisiana on
Q: My spouse dumped me right after receiving their green card. What legal options do I have?

About a year ago, I started to become suspicious that I was being used for a green card. I thought my suspicions were ridiculous, and so I ignored them. Then, a day after receiving the green card, my spouse dumped me. What should I do?

Edit: My spouse just received the green card with the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2020

If your spouse has a 2-year conditional residence card, which is likely, then they will need to apply to have those conditions removed. At that point they will need to show that they entered into marriage in good faith. The fact that they dumped you right after getting the green card will make that... Read more »

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2 Answers | Asked in Immigration Law for Texas on
Q: I would like to know if my father applied for citizenship here in the US if there is a chance he can obtain it.

He committed a crime in 1982. It appears as such: CRIME CLASSIFICATION: Felony First Degree, OFFENSE CODE: 356215, OFFENSE DESCRIPTION: Pos Marij Over 2000 LB, and received 10 years probation, which he completed and has all the documentation. He has had no other criminal behavior and has since... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2020

There are a lot of variables in the issue, such as the time during which offense took place and whatever agreement was reached between your father and the prosecution. Your father should consult with an immigration attorney familiar with the impact of crime on immigration.

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1 Answer | Asked in Immigration Law for New York on
Q: Can i go back to my home country with an expired visa?

So my J1 visa expired months ago and i applied for a tourist visa so i could stay here longer while waiting for flights. Will it go against me like will i have a hard time coming back to America if i go home without waiting for the results of the tourist visa?

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

It shouldn’t. Probably best to withdraw the application and give an explanation as to why.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Husbands biometric appt was cancelled for Covid, waiting on new appt, Green card exp in Oct. What do we do if expires?

The appointment was originally in May and cancelled. We are waiting on new appointment but do we have to do anything or file some paperwork in case it expires before we get a new appointment?

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

1st, contact USCIS to see about getting it rescheduled. While you are doing that, see if you can make an InfoPass appt. to get an extension sticker on it.

2 Answers | Asked in Immigration Law on
Q: How I can travel to the states while my green card revoked

I got my green card since 2003 and I used to travel every year to the states return back to my original country as i have some issues I have to follow but last time I travelled to the states they stopped me at the airport and took my green card because I stayed in original country more than one year

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

You can apply for a tourist visa. There are no guarantees that it will be approved.

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2 Answers | Asked in Immigration Law for Tennessee on
Q: I751 is pending for 8 years should I apply for N400?

Hi there,

I have applied for i751 8 years ago. It's been pending since then and finally there was an action on my case last month. It has transferred to the another office. So friends and family members have telling me to apply for citizenship.

I would like to know that if... Read more »

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

You can file for citizenship. Include a copy of the I-751 receipt notice. Depending on the circumstances of your case, it might not be a bad idea to get an attorney involved. 8 years is a long time to wait for and I-751 to be approved.

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