Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Matthew J Hartnett
1 Answer | Asked in Immigration Law for Virginia on
Q: Am married to a usa citizen, how can I get my green card
Matthew J Hartnett
Matthew J Hartnett answered on Oct 6, 2017

First you should evaluate your eligibility. Consider a consultation with an attorney to discuss.

1 Answer | Asked in DUI / DWI and Immigration Law for Texas on
Q: I am engaged to a Mexican citizen. He lived in the US for 17 years and had a DACA work permit. In 2014, he got a DWI.

He didn't get his daca revoked or a deportation order, just paid his fines and did comm. service. However, his DWI made him unable to renew DACA. Being that SB4 passed or was in the process of passing, he didn't want to risk deportation due to being undocumented. He willingly went back to... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Sep 30, 2017

It really depends how long you decide to wait to get married. Once you are married (legally), you can file an I-130 for him. When the I-130 is approved, he will probably need a waiver. Ultimately he will have to be processed through the consulate. If your income is low, you can get a joint... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Overstayed 10 months. Current file priorty date may 13, 2013. Petitioned by my mom. What's going to happen to my file?

My grandmother filed for my mother when I was 11 years old. I turned 21 before they got through so I was not granted the opportunity to come to the US with her. She is now a US citizen and filled for me. It's been over 4 years. I am currently in the US and have overstayed on my visa 10 months... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Aug 16, 2017

Please do your self a favor and schedule a consultation with an immigration attorney, preferably an AILA member, as soon as possible. Generally speaking, preference petitions aren't eligible for adjustment of status when the applicant has overstayed their visa. But for case specific... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My court is in Pittsburgh, and i have attorney but he is not giving full information about court.

Like what happens after court. How much time i will be given to do documents. And am i eligible tl work while doing documents?

Matthew J Hartnett
Matthew J Hartnett answered on Aug 15, 2017

If you have a lawyer, you should work with your lawyer and ask him these questions. If your lawyer is unresponsive, you have the right to change lawyers.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Hello, i was recently released under the bond, and given time to make documents to become legal resident.

But i dont know what kinda options i have except asylum and marriage. Please can u give me advice what to do.

Matthew J Hartnett
Matthew J Hartnett answered on Aug 15, 2017

If you were released on bond from York County Prison, you will have court in Philadelphia soon or on the Pittsburg docket depending where you live. I would strongly recommend consulting with an immigration attorney as soon as possible. When were you released from DHS custody?

1 Answer | Asked in Immigration Law for New Jersey on
Q: Parents Name on My Birth Certificate does not match with their Passport

I want to file green card (form I 130) for my parents , however their name on my Birth Cerificate does not match with their name on their passports. Any Advise

Matthew J Hartnett
Matthew J Hartnett answered on Aug 14, 2017

Just try to document the name change or discrepancy. You may need to submit DNA evidence, but that would be in the worst case scenario. I would also consider working with an attorney.

1 Answer | Asked in Immigration Law on
Q: Are we banned from the US?

My family traveled to the US about 5 years ago and at the airport they realized it wasn't just to visit, but it was to stay and live in the country. They were going to send us back but they said that if we applied for a political asylum from Spain we'd be able to stay for the years that... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Aug 13, 2017

Your brother might have some options since he was a minor when all of this occurred. In general though, it's hard to say without an in-depth consultation.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can an undocumented immigrant legally have a driver's license in Pennsylvania?

If yes, what's the process to get it?

Matthew J Hartnett
Matthew J Hartnett answered on Aug 3, 2017

Not unless you have a work authorization card. PA DMV always asks for proof of immigration status. With a valid employment authorization card, you can obtain a driver's license in PA. Otherwise, unless you are an asylee, permanent resident or US citizen, it would not likely be possible.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Pennsylvania laws on immigrant marriage. Can the immigrant still get deported after marriage?

There is an undocumetned immigrant who has been in the country for 4 years. If she gets married with a US citizen, can she still get deported? If it's possible, what are the chances, or what could cause a deportation?

The marriage is real, and the person has no criminal history at all.... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Aug 1, 2017

Yes, it's possible, what whether or not removal proceedings would be initiated against a person (or have been in the past) is a case-by-case analysis that should be done by an immigration attorney. Being married to a US citizen for many is the first step in trying to become a permanent... Read more »

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Hi. I would like to know how are the laws about marrying an undocumented immigrant in Pennsylvania.

If the undocumented immigrant marries a US Citizen, is there a chance to still get deported after being married and successfully passing the interview and receiving a green card? Can the person still be deported, or after marrige the laws are protecting that person and there is no way to get... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Aug 1, 2017

USCIS usually takes the position that the person is in a period of authorized stay once they file for their adjustment of status (green card). If your spouse came on ESTA, and has overstayed the 90 day period, you should contact an immigration attorney as soon as possible for a consultation. ESTA... Read more »

View More Answers

1 Answer | Asked in Immigration Law for New Jersey on
Q: HI, I would apply to adjustement of status in August via labor of certificate/EB2, can we do that

there is talk that we cannot till October,? what i meant is Visa numbers in the EB2 category will be unavailable until October,according to recent USCIS Buletin. My country has no date issues? and i have I140 approved?

Matthew J Hartnett
Matthew J Hartnett answered on Jul 31, 2017

That depends on a lot of factors, including what country you are from, and where you are at in the process. Consider scheduling a consultation with an attorney.

1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: my husband was detained yesterday and sent to detention center in Houston, Texas. need help finding lawyer. what do I do

Everything is closed on Saturday and he has an appointment to see judge on Monday.

Matthew J Hartnett
Matthew J Hartnett answered on Jul 29, 2017

I would start emailing lawyers that have offices close to the Houston detention center. Many lawyers check their email on the weekend. You still have time to line up a lawyer for him for Monday.

1 Answer | Asked in Immigration Law for Georgia on
Q: Does my husband need to be living in the same state as me in order to seek an attorney for US residency?

I had already applied for his greencard, but the case is frozen at the moment because we don't know what to do since he recently came here illegally. Does he have to be here with me in Georgia and see an attorney to help us with his green card since I applied from here in Georgia??

Matthew J Hartnett
Matthew J Hartnett answered on Jul 29, 2017

Unfortunately, more information is needed. I would at least consult with an attorney. If you don't live together, and you both live in the USA, you should be prepared to explain why you aren't living together.

1 Answer | Asked in Immigration Law for Kansas on
Q: My husband lives in Mexico & I'm wanting to fill out for his papers. How much & long would the process be

However he hasn't traspassed the U.S

Matthew J Hartnett
Matthew J Hartnett answered on Jul 29, 2017

The filing fee for a permanent resident or US citizen to file for their spouse that the US government charges is $535. In addition, lawyers charge fees to prepare if you hired an attorney. It depends on a number of factors in terms of length of time the process would take. Consider consulting... Read more »

1 Answer | Asked in Immigration Law for Maine on
Q: I would like to sponsor my children to come to the US, but one is 19 and the other is 21. Are they too old to be

considered children for the purposes of immigrating to the US?

Matthew J Hartnett
Matthew J Hartnett answered on Jul 29, 2017

Assuming you are a permanent resident or US citizen, you can file for the 19 year old. If you haven't started the process for the 21 year old, its ok, but his or her case may take longer if they have aged out. Consider discussing with an attorney.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Husband didn't file taxes for recent yr. Got transcripts for 2014 and '15. Can we show pay stubs from his job for recent

I'm filling out the i864 now and I'm really confused on what to do. He just never filed taxes this yr. said he didn't want to. Idk about this tax situation to give an input so I just left it alone. He makes enough to support us ( me and 2 kids) but how do we prove that? His current... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Jul 28, 2017

If he is working, he has to file taxes. There is really no way around that unless he has no income. If he didn't have an income for 2016, in theory he wouldn't need to file, but yes, you would still need a joint sponsor (assuming your husband is a US citizen and filing for you).

1 Answer | Asked in Immigration Law for Washington on
Q: I lost my visitors visa but i am married to a US citizen and applying to adjust status. Will I need to Present my visa

At the interview?

Matthew J Hartnett
Matthew J Hartnett answered on Jul 28, 2017

No, but you should explain how you lost your passport at the interview, and be sure you can look up your I-94 online.

1 Answer | Asked in Immigration Law for Texas on
Q: Can I apply for my wife and my son who was born before we get married?

I am a green card holder and I marry my long time girlfriend this year after I get into US. My son was born born in 2010 before we get married so I need to know the proper way to file a petition to bring them into USA.

Matthew J Hartnett
Matthew J Hartnett answered on Jul 28, 2017

If you file a visa petition for your wife, your son will be able to come as a derivative. Consider working with an attorney.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My U.S citizen spouse died 3 days ago can i file an i-360 petition fow widower but we never file anything in the past!

I never filed for the i-130 because i didn't married for immigration benefits !

Matthew J Hartnett
Matthew J Hartnett answered on Jul 25, 2017

I'm very sorry for your loss. Yes, you can file an I-360 even if you never filed an I-130 (assuming you don't remarry and assuming you weren't legally separated at the time of your spouse's death). Please also keep in mind that you must file the I-360 petition within 2 years... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Do I need the Advisory Opinion for my J-1 visa?

I held the J-1 visa for my internship a few years ago. Both the DS-2019 form and the J-1 visa note that 'Not subject to the two-year residency requirement', and 'Bearer is NOT subject to the section 212(e)'. Moreover, the subject/field code is 15.0000, which is not on the Skill... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Jul 19, 2017

Nope. If it is that clear, you should be fine. If you are still worried, consider a consultation with an immigration attorney in your state.

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.