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Questions Answered by Hector E. Quiroga
2 Answers | Asked in Immigration Law for Iowa on
Q: Do I need to pay I 765 filing fee when I 485 is pending?

We applied for AOS I 485 back in June 2020. Our application is still pending and my wife who is on F1 status, is getting ready to graduate. She is interested in working so we are looking to apply for I 765. Since our I 485 is still pending will our I 765 Fee of $410 be waived? Or do we still need... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 8, 2021

The fee is waived when you are filing based on a pending I-485.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Is it allowed to apply for STEM Extension from outside USA?

Hello, I am on F1 visa and am currently employed post-graduation on my initial OPT which is about to end in January. For some personal reason, I have been out of the country since a month. My company is in the process of preparing documents and I most likely will apply for STEM Extension in the... Read more »

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

It would probably be best in the long run for you to return to the US and apply here. It would likely simplify things in the long run.

2 Answers | Asked in Immigration Law on
Q: What to do for the rest of the members those who can't come at first time through f4 visa due to age fact?

6 members in our family.our relative had applied immigration for us (f4 cat.).4 members name had come and they have reached usa.How much time required for the rest of the members and what is the proces?

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

If they aged out (turned 21) before getting visas, they are no longer eligible to immigrate to the US via that petition. New petitions will need to be filed.

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4 Answers | Asked in Immigration Law for New York on
Q: What's the 1st step to getting a fiance to America

I have been dating my fiance for a while now. And we really want her and her 3 year old son to come to NY to live with me and my 3 year old daughter. What's the 1st step for someone like me who doesn't have a whole lot of money.

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

You need to file the I-129F petition, along with all necessary supporting documents. You can find it on the USCIS website: uscis.gov

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2 Answers | Asked in Immigration Law for Texas on
Q: 19 y.o. son lost all ID and greencard. First week of December 2019 entered MX and is there now. How to return to US?

He is in Acuna just across from Del Rio with family. Only ID is an expired MX passport with the original visa granting entry to US affixed. Out of the US 350 days now. MX offices that grant identification and passports are running months behind,

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

He needs to go to the US consulate that has jurisdiction over Acuna and take any evidence, such as a police report, regarding the loss of his green card.

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3 Answers | Asked in Immigration Law for Texas on
Q: Can my 18 year old daughter file together with me?

My son is filing a petition for change of status for me. Can my 18 year old daughter who came with me on visa waiver be filed at the same time?. If she waits for mine to get through she would’ve been out of status.

If not what’re the options open to her.

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

If you mean that your son is filing an I-130 on your behalf as part of an application for permanent residence, your son can file one for her, too, but it will take much longer to adjudicate. If you mean changing from 1 nonimmigrant status to another, then she can file the form for that.

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1 Answer | Asked in Immigration Law for California on
Q: What happens is joint sponsor dies during immigration process ?

Our case is currently at the NVC with all documents accepted. We are just waiting for them to send us an interview date at the US consulate . I am the petitioner petitioning my husband but I don’t work. So we have a joint co sponsor . But he just got tested positive for COVID. God willing he is... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

If your joint sponsor dies, then you will need to find another.

1 Answer | Asked in Immigration Law for California on
Q: N400 rescheule interview. Will they cancel application ?

My parents have N400 interview. Customer service raised request , but no response from USCIS. So, if they show up, will they cancel application?

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

If you are asking if your parents show up at a previously scheduled, now cancelled, interview appointment, will their applications be denied, then the answer is no.

1 Answer | Asked in Employment Law, Immigration Law and Employment Discrimination for Massachusetts on
Q: Can an employer refuse to hire you on OPT?

I am a Masters' graduate from a STEM degree. I graduated in May 2020 so I am currently on OPT. I was given a confirmed written offer by a company, but when they were doing background checks etc, they asked me about my visa status. I told them I was on STEM OPT so I officially had 3 years of... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

If employment is at will, then there is probably nothing you can do about it. It is hard to say if discrimination based on visa status is valid, given a company’s long-term goals. Your best option would be to discuss your case with an attorney with knowledge of workplace issues.

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Utah on
Q: I am US Citizen, I have a spouse and I want to marry some one in India. Can I apply for my 2nd wife I-130?

I need to have 2nd wife. I there is any law in Utah to have two wives?

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

Immigration is a federal statute, and bigamy is illegal in the US.

2 Answers | Asked in Immigration Law for California on
Q: B2 visa extension

I am currently on a B2 visa in the US. I entered the US in Feb 2020. At my entry, I was issued an I-94 that was valid for 6 months. I applied for a 6-month extension 45 days before my I-94 expired in June and I received a receipt in early July, I have not received a decision on my I-539 yet.... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

You would be wise not to travel. It is recommended that you do not file another I-539 yet. Wait until USCIS makes a decision on the first one. Please keep in mind that USCIS is likely adjudicating a larger than normal number of I-539s due to noncitizens stranded in the US as a result of COVID-19.

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1 Answer | Asked in Immigration Law for California on
Q: What are my options?

I’m living in Colorado and I applied for my wife’s green card, She is currently waiting for the embassy in South Wallace to open back up again and give her a date for an interview, but since the pandemic it’s been a real struggle and the wait times are much too long for me to wait. I was... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 29, 2020

COVID has had a huge impact on visa processing in all parts of the world, and it seems unlikely that an expedite request would have helped for that reason. Relocating to Mexico should not impact the case, and if you’ve filed all of the necessary paperwork and are just waiting for a visa... Read more »

1 Answer | Asked in Immigration Law on
Q: Can I [US citizen] sponsor my foreign spouse when we're both domiciled abroad?

I am American and my wife in South African. We both are living in South Africa and plan on moving to America. Can I start the sponsorship process while we're both living in South Africa, or do I need to be in the US?

Additional information: If I can do it from South Africa, do I need... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 29, 2020

You can petition your wife while still in South Africa. You will need to show, however, that you plan to return to the United States to live. The U. S. government will not require that you show you are a resident of South Africa.

2 Answers | Asked in Immigration Law for California on
Q: If I petition my mom living in Mexico while I live in California, do I have to remain in California the whole process?

I want to petition my mom in December when I turn 21. I live in California right now. But I also plan on moving to Nevada in April of next year, before the process is complete. Would that affect the legal process in any way?

Hector E. Quiroga
Hector E. Quiroga answered on Oct 29, 2020

No. You just want to make sure you update your contact information with USCIS.

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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.

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