Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Lindsay G Gray
1 Answer | Asked in Immigration Law for Texas on
Q: if you got a dui 5 years ago can you still apply for a visa?

my friend worked in the us for many years then got deported for a DUI 5 years ago. he's been a full time student Mexico. it was 5 years ago for the dui. can he come here legally to be a student keeping his above 3.5 gpa and then try to get citizenship? can he even get a work visa since he got the... Read more »

Lindsay G Gray
Lindsay G Gray answered on Jul 4, 2017

It may be the deportation more than the DUI that will cause problems. He would want to look into whether he was actually deported or whether he was granted voluntary departure. While a single DUI is usually not a grounds of inadmissibility (thus barring eligibility for a visa), some consulates... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: a friend married on b2 to US citizen and return to home country . he back now how soon can he file?
Lindsay G Gray
Lindsay G Gray answered on Jun 24, 2017

He wait until at least 61 days after his entry to apply. However, he should speak to an attorney and make sure to discuss his most recent entry to make sure there are no issues. Best of luck to him!

2 Answers | Asked in Immigration Law for Texas on
Q: My husband signed a voluntary exit. & 3 months before had poss of marij >2oz . Can he still get a visa or greencard?

He had his visa but it expired. He got into a fight and police took him. Tryed getting bond but ICE took him . He signed his voluntary exit. Now he waiting to go back to mexico. Has not went to court yet for his poss of marij. Has never been in trouble before this & Married to a united states... Read more »

Lindsay G Gray
Lindsay G Gray answered on Jun 19, 2017

I would consult with an attorney right away, as soon as possible. He needs to be screened as soon as possible to see if he is eligible for anything, and if so, if there is a way to get his voluntary departure (presumably this is what you mean by "voluntary exit") vacated. If he does not have a... Read more »

View More Answers

2 Answers | Asked in Immigration Law for Texas on
Q: I have just Married my husband and I need to speak with a lawyer to assist with the next steps are?

I don't have anyone to use as additional support and i am told that my social security income dose not count for this ??

Lindsay G Gray
Lindsay G Gray answered on Jun 19, 2017

Congratulations! There are many attorneys on Justia who would be happy to set up a consultation to discuss next steps with you, including what income can be used for the affidavit of support.

View More Answers

2 Answers | Asked in Immigration Law for Texas on
Q: Green Card, German wife, two minors with US passports, living in Germany

My German wife and I married 6 years ago in the States and currently live in Germany. I am a US cititzen and we have 2 small children with US passports. We would like to return to the States next year.

Can my wife apply for a Green Card and what would the proces look like?

Lindsay G Gray
Lindsay G Gray answered on Jun 19, 2017

So long as your wife is eligible, you may petition for her for a green card. It is a multi-step process that includes 1) filing a petition with United States Citizenship and Immigration Services (USCIS), 2) completing an application online and sending documents to the National Visa Center, and 3)... Read more »

View More Answers

2 Answers | Asked in Immigration Law for Texas on
Q: What options do I have if I'm trying to get married with someone from Mexico.

I am U.S Citizen and he is from Mexico and is in Mexico. He has never entered the U.S and we want to do this the right way and get him protected without having to get deported .

Lindsay G Gray
Lindsay G Gray answered on Jun 15, 2017

First of all, congratulations! In terms of petitioning for your fiancé, you mainly have two choices. You could get married in Mexico and do a spouse visa petition, or you could petition for him as a fiancé and marry in the U.S. There are variations to the two processes and I would definitely... Read more »

View More Answers

1 Answer | Asked in Immigration Law for Texas on
Q: My question is if I not filled I-765 and I-131 can she get green card earlier than filling these 2 forms.

Hello,

I am petitioner and permanent resident (Green card holder) in USA. I filled form I -485 Adjustment of status application for my wife on June 1st’ 2017. She is here on student visa (F1). I have question regarding the form I 765 & I 131. I didn’t fill this form with my I-485... Read more »

Lindsay G Gray
Lindsay G Gray answered on Jun 14, 2017

There is no downside to filing an I-765 and I-131. They are actually adjudicated as separate petitions completely, so it should not affect your I-485. Good luck!

1 Answer | Asked in Immigration Law for Texas on
Q: My girlfriend lived in the US illegally as a kid but left before she was 18 Will that keep her from getting a green card

My girlfriend lives in Mexico and we've been talking about getting married for a while now but we weren't sure if she could come back. When she was younger she lived in the country illegally and their are records of her like high school yearbooks and stuff but she left voluntarily when she was 17.... Read more »

Lindsay G Gray
Lindsay G Gray answered on Jun 7, 2017

The answer to this question depends on whether she entered the U.S. multiple times without permission and how long she stayed each time.

1 Answer | Asked in Immigration Law for Texas on
Q: Who grants voluntary return?

I went to jail first time class a misdemeanor. I pretty sure border patrol picked me up and 30 min later I agreed to return instead of jail just to get deported anyways. Them i found out I was a witness smuggling. I didn't sign for that or hell who know what I signed?

Lindsay G Gray
Lindsay G Gray answered on Jun 7, 2017

Almost always CBP (Customs and Border Patrol) because voluntary return is almost always granted at the border. ICE used to grant VR in certain circumstances several years back, but I have not heard of it happening recently. Voluntary departure (which is different than voluntary return) can be... Read more »

1 Answer | Asked in Immigration Law for Missouri on
Q: How do I secure a certificate from Attorney General (Tvisa-Traffic in person), the defendant has been prosecuted.

I was granted a Tvisa on August 16, 2016 (valid up to August 15, 2020) has an option for adjustment on August 2019. It has also an option for adjustment for green card if an Attorney General can certify that the case is close. Based on information available the Trafficker has been prosecuted and... Read more »

Lindsay G Gray
Lindsay G Gray answered on Jun 7, 2017

Each law enforcement agency has different policies about how to go about requesting these letters. I would recommend calling the AG's office to ask what information they would like in order to write the letter, or contacting an experienced immigration lawyer who can guide you through the process.... Read more »

2 Answers | Asked in Immigration Law for Missouri on
Q: A friend got a DUI - he is here on a student visa, will it get revoked?
Lindsay G Gray
Lindsay G Gray answered on May 16, 2017

The Department of State published a memorandum in Fall 2015 that permits (or even encourages) visas to be revoked when someone has been arrested for DUI. So it's quite possible that the visa could be revoked. I would consult with an attorney who practices both immigration and criminal law.

View More Answers

1 Answer | Asked in Immigration Law for Missouri on
Q: I want to marry my girlfriend fom Peru but we haven't met - I can't travel due to health issues. What is the easiest way

- I can't travel due to health issues. What is the easiest way to marry her so she can come live with me in the US? Does she need a special visa?

Lindsay G Gray
Lindsay G Gray answered on Apr 8, 2017

You can file for a K-1 under special circumstances, but I would certainly recommend consulting with an experienced immigration lawyer before you do, because it can get tricky. Good luck!

2 Answers | Asked in Immigration Law for Missouri on
Q: i am a permanent resident through marriage, i have my 2 daughters here with a visa b12, i want to petition them,

i am a pernament resident through marriage, i have my 2 daughters here with a visa b12, i want to petition them, can i do it with my conditional resident? My husband cant since he is away and by the time he comes their visa will expire. can i petition them under my conditional status?

do i... Read more »

Lindsay G Gray
Lindsay G Gray answered on Oct 17, 2016

You may petition for your daughters as a conditional resident. Just pay attention to processing times because it is very likely their visas would expire prior to their priority dates being current, and because they would not be considered immediate relatives of US citizens, any unlawful presence... Read more »

View More Answers

1 Answer | Asked in Immigration Law for Missouri on
Q: I got an email from the US mexican embassy saying that I need to schedule an interview regarding my visa.

I got an email from the US mexican embassy saying that I need to schedule an interview regarding my visa.

I got arrested a month ago and today I got an email from the embassy saying that I need to call them to set up an interview about my status and that my visa might get cancelled. It said... Read more »

Lindsay G Gray
Lindsay G Gray answered on Jun 22, 2016

This is a difficult question to answer without knowing the facts of your case and what the letter from the consulate says. I would recommend contacting an immigration attorney, because crimes involving moral turpitude are not the only reason visas can get cancelled. For example, since November of... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: Change of status from b1/b2 to f1 . I am already enrolled into a school and i got my papers from the school? Next step?

I already got my papers proving i have paid my fees and that im enrolled into the school

Lindsay G Gray
Lindsay G Gray answered on Jun 20, 2016

You need to file a change of status request before your B-1/B-2 stay expires. Good luck!

1 Answer | Asked in Immigration Law for Illinois on
Q: I'm a CA citizen married for 1.5 year expired visitor visa. Can I safely visit Canada and return to US?

Came to US August 2014, visited Canada for about a month and returned to US December 2014. My husband is a US citizen, as is my mother although she's a landed immigrant in Canada for over 30 years. I want to visit Canada briefly and my husband and I plan to move there in about a year and would like... Read more »

Lindsay G Gray
Lindsay G Gray answered on Jun 20, 2016

If you have accrued six months or more of unlawful presence in the United States and you leave the U.S., it will trigger a bar that would require a waiver for re-entry. Hope that helps!

1 Answer | Asked in Immigration Law for Illinois on
Q: If a person above 21 and unmarried is in U.S studying on F1 visa,His father is U.S citizen, Can he apply green card?

If father apply 's for his son, After filling the petition for green Card, Will it affects the F1 visa of his son and the opt coming up after study.

Lindsay G Gray
Lindsay G Gray answered on Jun 15, 2016

The father can file an I-130 on the son's behalf, but he cannot do a one-step adjustment of status petition because a visa number is not immediately available. However, it would be a good idea to check to make sure the son did not derive citizenship from the father. Also, beware that filing an... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: I'm US citizen, my parents GC holder. What's quickest way to get GC for my sister-Divorced, Over 21,born India.

I'm US citizen, my parents GC holder. What's quickest way to get GC for my sister (Divorced, Over 21,born and live in India). Who should file I-130 for my sister to get GC quick, Should I file or my parents?

Thanks in advanced

Lindsay G Gray
Lindsay G Gray answered on Jun 15, 2016

Each month the Department of State publishes a visa bulletin where you can check and see what cases they are currently processing. You will need to look and see which category you sister would fall into whether you or your parents filed for her and then check to see what the current priority date... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: Hi, is it ok for someone who is married to US Citizen go back to his home country for visa interview at US embassy?
Lindsay G Gray
Lindsay G Gray answered on Jun 10, 2016

I agree with my colleague that it depends on the situation. If your spouse accrued unlawful presence here in the United States, he may need a waiver. Spouses of US citizens can sometimes file a waiver here in the United States and have it approved before leaving for the consular interview. If he... Read more »

View More Answers

2 Answers | Asked in Immigration Law for Illinois on
Q: can i apply to a u visa if i was robbed with a knife 10 years ago?
Lindsay G Gray
Lindsay G Gray answered on Jun 10, 2016

Two issues may arise in this scenario. First, in order to apply for a U visa you have to obtain a certification from a law enforcement agency that you assisted in the investigation or prosecution. I have received certifications from agencies for things that happened over ten years ago, but it... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.