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Questions Answered by Agnes Jury
1 Answer | Asked in Immigration Law for California on
Q: If I sponsor my fiancé on a K1 Visa but live with my mom but file taxes as an independent is she part of the household

Would my household be of 2 me and my fiancée or would I have to include my mom even if she works and isn’t my dependent. Thank you in advance .

Agnes Jury
Agnes Jury answered on Jul 27, 2021

No. You do not count your mom. Here is a great guide on the subject: https://www.ilrc.org/sites/default/files/resources/intro_guide_affidavit_support-20180410.pdf

Best wishes!

1 Answer | Asked in Immigration Law for Kentucky on
Q: Under form I-864, are there any restrictions on whether people with past felonies can act as a Joint Sponsor?
Agnes Jury
Agnes Jury answered on Jul 22, 2021

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant.... Read more »

1 Answer | Asked in Family Law, Immigration Law, Identity Theft and Social Security for New York on
Q: I seek assistance with sorting out identity issues (problems with birth certificate, social security due to name change)

I am assisting a young man (23yr old) who will graduate from college but who cannot proceed with things like drivers license, employment, etc, due to a troubled childhood situation in which his name was changed numerous times. The birth certificate (issued in New York City) has questionable... Read more »

Agnes Jury
Agnes Jury answered on Jul 19, 2021

This would be best handled by a civil litigation attorney as it sounds like it involves several name changes or may require one now. You may be able to get free help from legal aid clinics but if not you can always reach out to attorneys directly and ask if they would help for free. Best wishes!

1 Answer | Asked in Immigration Law on
Q: Can a Canadian citizen independent contractor working for a US company, visit family in the US on a tourist visa?
Agnes Jury
Agnes Jury answered on Jul 19, 2021

Hopefully your employment for the US company is considered to be engaged, performed and paid in Canada. Otherwise, you may be "working" without permission it the U.S. If you have any doubts as to this, I would recommend consulting with an immigration attorney who handles employment based... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: Domestic Air Travel With Expired B-2 Visa After Filing For Change of Status

I have applied for change of visa status after my marriage to a US citizen from B-2 to Green Card. The application has been received by the USCIS and I only have receipts from USCIS for my application. Can I travel by air freely within the US after my B-2 visa expires while USCIS processes my... Read more »

Agnes Jury
Agnes Jury answered on Jul 19, 2021

You should check with the airline that you will be travelling with but usually domestic travel does not require a valid visa, only valid ID. I would recommend that you bring the Notice of Action showing that you filed for your green card in case Border Patrol did get involved for some reason. Best... Read more »

1 Answer | Asked in Immigration Law for California on
Q: My husbands case was sent to NVC. Received 60 day period letter from NVC. Will we be getting interview by end of year?

03/2019 Pardon waiver approved

IR1- both in USA ( I’m a citizen asking for husband)

5/15/2020 Case sent to NVC and completed

5/28/21- received a letter from NVC that our case “ immigrant visa is documentarily complete at the National Visa center ...The next... Read more »

Agnes Jury
Agnes Jury answered on Jul 16, 2021

There is no way to know/predict for sure because it depends on how busy the Embassy is and how fast they are working on catching up with their COVID caused backlog. You can call the Embassy where the file was sent to see if they will let you know the date of immigrant visa documentarily qualified... Read more »

2 Answers | Asked in Immigration Law on
Q: my green card as a parent is in the final stage before interview. my daughter has one more paper to submit.

The RFE asked on March 15 2021 was for a tax paper. I would like to stall the process for a while. How long do i have before i must submit this paper and proceed for the interview and also avoid revokal

The reason is i am winding up and selling my properties which is taking time... Read more »

Agnes Jury
Agnes Jury answered on Jul 16, 2021

You should upload the final document within one year from the time of the request for it by NVC. Any further delay may be problematic. But I hope you realize that due to COVID restrictions and backlogs there may be a significant wait between NVC sending your file to the Embassy (once documentarily... Read more »

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1 Answer | Asked in Immigration Law and Adoption for Minnesota on
Q: How soon after getting adopted a foreign child becomes eligible for immigration benefits?

When a U.S. citizen adopts a 15-year-old foreign national, and the adoption takes place in the child's native country, are immigration benefits (allowing the adoptive parent to apply for a family-based U.S. visa for the child) conferred onto the child immediately or after a certain waiting... Read more »

Agnes Jury
Agnes Jury answered on Jul 15, 2021

A child is an adopted son or daughter of his or her U.S. citizen parent if the following conditions are met:

The child is adopted in the United States or abroad;

The child is adopted before he or she reaches 16 years of age (except for certain cases where the child may be adopted...
Read more »

1 Answer | Asked in Immigration Law on
Q: How Shall My Mother in Florida (Who is Illiterate) Pass Her Citizenship Test , After being *LPR* For 7 Years..?

Thank You ! My Mother Who 's been a Legal Permanent Resident in Fort Lauderdale Florida For 7 Years (Second Year After 1rst renewal / Second Card) She is 72 & Would Like to become a Natural Citizen ... Again , What Steps Shall be taken recalling She 's an Illiterate..?... Read more »

Agnes Jury
Agnes Jury answered on Jul 14, 2021

Your mother will need to file an application for Naturalization (See: https://www.uscis.gov/citizenship/apply-for-citizenship). She may be eligible for an exception to the English and civics naturalization requirements if she is illiterate due to a physical or developmental disability or a mental... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: USCIS has not acknowledged receipt of I-485. Can the applicant reside in the US beyond her visit departure date?

Hello, we have filed an I-130 and an I-485 for my mother-in-law who is currently in the US on a visitor's visa. UPS confirmed that the documents reached the USCIS office months ago, but we haven't heard anything from them. At what point are those forms considered "pending",... Read more »

Agnes Jury
Agnes Jury answered on Jul 12, 2021

The Adjustment of Status is considered "pending"/in processing from the time it is received. So your mother-in-law is not accruing unlawful presence from the time the application was received. Best wishes!

2 Answers | Asked in Immigration Law, Child Support and International Law for New York on
Q: What are the legal ramifications if I don't assist my Chinese ex-wife in renewing our daughter's U.S. passport abroad?

My ex-wife, a Chinese citizen, wants to renew my daughter's U.S. passport in China. My daughter isn't a Chinese citizen, she's an American citizen, but is living there under a visa in my ex-wife's name. In order to renew the passport, she needs my help because I'm an... Read more »

Agnes Jury
Agnes Jury answered on Jul 15, 2021

Your refusal to facilitate the renewal of your daughter's passport may be taken into consideration in the family court if your wife asks for the Court's assistance in this matter. Best to consult with a family law attorney on that topic. Also, if you want your daughter to return to the... Read more »

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1 Answer | Asked in Immigration Law, Real Estate Law, Tax Law and Estate Planning for California on
Q: If I’m a US citizen does that mean I’m also US resident even if I have residency abroad?

My Grandparents have made a condition on their Trust that no funds should go to issues of my Mom who are not permanent residents of the United States. I have been living in Germany under temporary residency permits and now I’m in California considering moving back to US now in order to protect... Read more »

Agnes Jury
Agnes Jury answered on Jul 9, 2021

The term "permanent resident" of the U.S. in immigration law context refers to someone who is NOT a U.S. citizen but has obtained the right to permanently reside in the U.S. (a.k.a. Green card) and is physically present in the U.S. typically at least 6 months out of any year (so not to... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: I recently filed for my adjustment of status through marriage. I have DACA and my husband is the US citizen.

My question is in regards to the income. If we both met the requirement but he needs to stop working for awhile do we need a joint sponsor even if I make enough for our household size? or would my income be sufficient for when we go to the interview

Agnes Jury
Agnes Jury answered on Jul 8, 2021

Your income as intended immigrant can be counted towards the minimum income needed so you should not need a joint sponsor. Did you however have a lawful entry to the US to qualify for Adjustment of Status?

1 Answer | Asked in Immigration Law on
Q: 40 years ago, as an 18 yrs old British woman, I engaged in a fake marriage to a then Syrian refugee in Belgium. He has s

He has since become a UK national in the 1980s. We were in a romanticrelationship of sorts but not a married one, as he was very abusive. Could I still be prosecuted for this?Thanks.

Agnes Jury
Agnes Jury answered on Jul 6, 2021

This is a question that should be asked of a British solicitor as the alleged crime was committed there/UK. Best wishes!

2 Answers | Asked in Immigration Law for New York on
Q: Hello, I had immigration problems with the USA back in 1980. Can I do 1 stop in the US if I need to travel to Canada?

I am a Canadian citizen and stuck where I'm at during covid. In order to go back home to Canada, I must do 1 or 2 stops in the US. I am nervous I might have some problems traveling back to Canada but need to come back home in Canada to visit my doctor and refill my medicine. Back in the 1980s... Read more »

Agnes Jury
Agnes Jury answered on Jun 19, 2021

Travelers transiting in the U.S. to other countries are considered to be present in the U.S. no matter how short their stay is. If you are departing from an airport where you clear U.S. customs BEFORE you ever get on the plane then your American customs will determine your admissibility status... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Waiting on EAD it’s been 10 + month, can I use my Oder Of Supervision document instead to renew DL?

I have a Florida DL for more than 35 years, Had a green card, broke the law and now have an Order of Supervision indefinite. Each year I report to ICE, apply for EAD renew and than get DL. I know the law chances all the time but since COVID. I sent for my EAD back in March 2020, still have not... Read more »

Agnes Jury
Agnes Jury answered on Jun 19, 2021

It depends on the DMV. You can try and worst they can do is decline. Best wishes!

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1 Answer | Asked in Immigration Law for Connecticut on
Q: Do I need an affidavit of support or having worked in the US for 20+ years is enough?

My American citizen child just turned 21 and is going to petition me to get a green card. He is a college student so he doesn't have the income for the affidavit of support. I don't have anybody else I could ask this for, it's very intrusive. The USCIS site says I don't need the... Read more »

Agnes Jury
Agnes Jury answered on Jun 18, 2021

Your son needs to complete the Affidavit of Support but your income can be counted towards the minimum income required so you won't need another sponsor. If you are doing the Adjustment of Status on your own, I strongly encourage you to at least consult with an immigration attorney to make... Read more »

2 Answers | Asked in Immigration Law for Arkansas on
Q: It's been almost 7 weeks that I mailed the form I-485, I have not yet received the receipt notice of I-485 though

I am married to a U.S. citizen, It's been almost 7 weeks that I have mailed the form I-485, but I have not yet received the receipt notice of I-485. Is this normal?

Agnes Jury
Agnes Jury answered on Jun 17, 2021

It depends on where you mailed your application but some places are taking 6-8 weeks to send receipt notices. Hopefully you mailed your application with tracking or proof of delivery so you are sure that it got there. If you don't get anything from USCIS within 12 weeks I would recommend... Read more »

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1 Answer | Asked in Criminal Law and Immigration Law for Arizona on
Q: I am applying for my citizenship, i have been LPR for 7 years now, divorced. i had a criminal history?

I have green card for 7 years now, I had a criminal history- Felony theft in 2011, charges that changed to a misdemeanor then setaside or expunged back in 2014. Immigration is aware of the charges since it happened before I obtained my green card-LPR. Do I need to mention the charges again on my... Read more »

Agnes Jury
Agnes Jury answered on Jun 16, 2021

You will have to disclose the criminal history in your citizenship application. It can affect your eligibility because one of the requirements for naturalization is good moral character (GMC). An applicant for naturalization must show that he or she has been, and continues to be, a person of good... Read more »

1 Answer | Asked in Immigration Law on
Q: What happens to Canadian without a passport who married an american citizen at the border

Hypothetically.

Lets say a Canadian went to the US and married an American. They have a kid. But the Canadian doesnt have a valid passport. One day he wants to visit his canadian grandparents with his family and decides to go north. The child has passports and the wife a visa. At the... Read more »

Agnes Jury
Agnes Jury answered on Jun 12, 2021

Officially only a valid passport guarantees entry to Canada but some claim to have entered on expired passports. It would be best if the Canadian citizen applied to renew his passport via mail before returning to Canada. But if a Canadian citizen does attempt to re-enter Canada with expired... Read more »

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