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Questions Answered by Hector E. Quiroga
1 Answer | Asked in Immigration Law on
Q: Residency requirements post application for naturalization?

I am eligible to apply for citizenship on Feb 2023 and will be completing the minimum residency requirements by then (30/60 months). I am wondering if the residency requirements are needed after applying considering the process takes 1-2 years?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 8, 2020

The residency requirements must be maintained up until swearing in.

3 Answers | Asked in Immigration Law for California on
Q: I have my Green card since 2008 the Gov just renewed my Green card for another 10 years but denied me my Citizenship?
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 8, 2020

It is possible to still retain your permanent residency and still be denied citizenship. Without knowing why you were denied citizenship, however, it is hard to say what is going on.

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2 Answers | Asked in Immigration Law on
Q: Have you EVER previously filed a petition for this beneficiary or any other alien?

I'm applying for my spouse an I-130 petition. I have never filed a petition for any one before, however, I applied for my wife an I-129F (Finace Visa) and it got approved, also, I once was a sponsor for my mother and filed an affidavit of support (i-864) but I was not the petitioner, my sister... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 8, 2020

If you filed and I-129F for you now wife, you don’t need to file an I-130 for her.

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1 Answer | Asked in Immigration Law for New York on
Q: Re-Entry Permit. Work abroad for 16 months as purpose of trip?

M

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 26, 2020

First, do not attempt to deceive immigration officials. That will be a sure way to either get the application denied or your green card taken away.

When you make your application, make sure that you show that you have connections to the US—family, a home, assets—anything to show that...
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1 Answer | Asked in Immigration Law for Texas on
Q: I have a B1/B2 visa & I want to visit my wife in US, she is on F1. Can I do change of status to F2 visa after entering?

Due embassy closures, I can't apply F2 dependent visa from my home country now.

The idea is that I use my existing B2 visa to enter the US and do a change of status afterwards.

Will there be an "intent" problem with this practice? Specifically, I am also afraid of... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 26, 2020

The intent doesn’t change, just the presumption of it. Certainly waiting longer to change status decreases the presumption.

4 Answers | Asked in Immigration Law for Florida on
Q: I am a Us citizen and my husband and I will like to bring his daughter and her mother to Usa, how?

The child is a minor and we feel she needs to come to USA with her mom.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 26, 2020

They can apply for tourist visas, and they will need to show that they will return to their home country at the end of their visit.

If your husband is a citizen, he can file immigrant visa petitions on their behalf. It would be a much quicker process for his mother than his sister. Once...
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2 Answers | Asked in Immigration Law for Texas on
Q: Change of status from B1/B2 visa to F2 visa: Does it have an intent problem if applied too soon? Does 90-day rule apply?

Due to embassy closures amidst Covid19, I can't apply for an F2 visa from my home country. My idea is that I travel on my existing B2 visa and do a change of status.

What is the right point of time for me to apply for a change of status after my entry? Will my B2 visa duration be... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 26, 2020

The intent doesn’t change, just the presumption of it. Certainly waiting longer to change status decreases the presumption.

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2 Answers | Asked in Immigration Law for New York on
Q: How can a person obtain a visa or tps or a green card if they came to the united states illegally? They are a minor.

They came here from Italy this year and now they live here with relatives that were born here.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 26, 2020

TPS isn’t an option for Italian citizens.

As to the other options, there is probably no direct path. It depends a great deal on the person’s circumstances and the relationship between the person and their family in the US. The best bet would be to discuss the situation with an...
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1 Answer | Asked in Immigration Law for Minnesota on
Q: Can I continue working under my J-1 visa after I get married and waiting for the green card approval?

I am currently working as an au pair with a J-1 visa. I am getting married in September to a us citizen, and plan to submit our application for a marriage green card soon after the marriage. My J-1 visa is already expired, but I have DS 2019 that extends till January 2021. Will I be able to... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 19, 2020

As long as you are otherwise working lawfully, then the green card application process should not impact, or be impacted, by that.

You can also apply for a temporary work authorization to use while you are awaiting the adjudication of your application.

2 Answers | Asked in Immigration Law for New Jersey on
Q: Can a green card holder living abroad ,petition her unmarried daughter?

My mother-in-law has not entered the US since 2014. Her daughter is unmarried over 21 years old.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 19, 2020

Since the idea is that the petitioner wants the intending immigrant to come live with the petitioner in the US, the only way this would work is if your mother-in-law intended to take up domicile in the US. Given that she has not lived in the US for six years, it seems likely that the government... View More

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1 Answer | Asked in Immigration Law for California on
Q: I have my N-400 interview scheduled while I'm traveling abroad. I'll be back two days before the interview.

I found a statement on the notice that I should reschedule my interview if I've traveled outside the US in the past two weeks as part of the covid-19 safety measures. However, I didn't see that on their webpage, only if you're ill or have symptoms. Should I: - Call to reschedule... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 10, 2020

The fact that you’ve travelled will likely come up in databases that keep track of such things, unless you traveled to Canada or Mexico. Under certain circumstances. It is hard to say what you should do, though know that you might get turned away if you show up at the interview and tell staff... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Can my fiancé stay in the US legally while my permanent residency application is being processed?

I am an asylum status holder in the US and planning my marriage. My fiancé's visa will expire in a year and I know that it could take a long time before I get my residency approved. Can she stay in the US legally while my application is being processed even her visa expires? If the answer is... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 10, 2020

Your fiancé(e) must leave the United States when her I-94 expires or try to extend her stay. Certainly being married could give your fiancé(e) a stronger connection to the United States, but it wouldn’t guarantee that she wouldn’t be deported.

1 Answer | Asked in Immigration Law for Arizona on
Q: Hello, can I married my boyfriend who is a US citizen with my B1/B2visa?

Hello, we are planning to get married my boyfriend, who is a U.S citizen and me. We were planning to get married on september, but due the Corona , the border is closed and I cannot enter the United Stated with my tourist Visa. I have a B1/B2 visa that expires on April 2021 and I also have a... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 10, 2020

You aren’t supposed to enter the US to get married on a tourist visa. If you are questioned at the border, and it becomes clear that you plan to marry once you enter the US, your visa could be revoked, and you could be banned from entering the US for 5 years.

1 Answer | Asked in Immigration Law on
Q: Could my student visa to Germany be denied because of being an asylum seeker in the US?

Hi, I am from Iraq and I live in the US. I came here student visa to do my undergrad in biology in 2013. In 2016 I applied for asylum here in the US. Process still pending since then. I am residing legally as an asylum seeker (have not been granted asylum yet). I applied for a Gottingen University... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 10, 2020

That is something you will need to discuss with the German authorities.

3 Answers | Asked in Immigration Law for California on
Q: My cover letter in response to RFE has a typo in the receipt number. It is sent now, do I need to worry?

I included the original RFE letter from USCIS, which has the correct receipt number, together with my evidence.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 10, 2020

If you sent the letter, you should be OK.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: How can my father be granted with a Green card through myself (an adult US Citizen)?

How can my father be granted with a Green card through myself (an adult US Citizen) after he have been denied entry with a visa in 2000, (lived here between 1999 and 2000) and reentry without inspection (illegal entry) in 2006; but have left the US territory by himself on his own terms in January... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 3, 2020

Sounds like he may have the permanent bar. You can still file a visa petition for him, and then he can file an immigrant visa. He will also need to file Form I-212 to overcome the permanent bar.

1 Answer | Asked in Immigration Law for California on
Q: My friend is a illegal immigrant , he was detentioned by ICE, during bail hearing, I submitted a affidavit as guarantor.

Judge ordered $5000 bail bonds. Another person went to ICE signed the paper and paid the bonds. I did’t signed any paper with ICE, I am not a consigner. Now, my friend he jump bond and run away. Do I responsible to pay the money to that person who signed the paper and paid the bond with ICE.... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 3, 2020

No, you are not required to pay that money.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can I continue my graduate studies while changing status from F-2 to H-4 given that my F-2 is now expired.

My husband recently changed hi status to H1-B, effective from 6/1/2020. That is the same date that my F-2 expired on.

For Now, I only have the receipt notice from USCIS.

Also, can I travel to my home country to get my visa from there if the US embassy reopened while I filed for the... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 3, 2020

H4 visa holders can study in the US, and yes, assuming you can travel you should be able to return to your home country to apply for a visa abroad.

2 Answers | Asked in Immigration Law for Georgia on
Q: Traveling interstate with an expired US passport, having overstayed the 90 day ESTA visa stamped on my AUS passport.

I was born in the US but moved to Australia when I was a child. I recently came back to the US, but since my US passport had expired in 2010, I got an ESTA visa through my AUS passport valid until 2021. However; I have overstayed the 90 day permission that was stamped on my Australian passport upon... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 3, 2020

You cannot use an expired passport as a valid proof of identity, and the fact that you’ve overstayed your allotted time could create problems, yes. At this point, your safest bet would be to renew your US passport. At the very least you should take your US birth certificate with you to the... View More

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2 Answers | Asked in Immigration Law for New Mexico on
Q: I'm sponsoring my dad's green card application. He previously gave up his GC and doesn't have an I-407 copy--what to do?

My dad married my US-citizen mom and lived in the US for some time on a marriage-based green card. They then moved abroad, and one day in the 1970s he was made to give it up at the port of entry when visiting the US (because he no longer lived in the US). He has no copy of an I-407, which seems... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 3, 2020

You shouldn’t need the I-407. There is nothing on the I-130 that requires information from it. The government will likely possess all needed information related to his earlier green card and his abandonment of residence.

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