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Questions Answered by Jordan C. Moody

1 Answer | Asked in Immigration Law for Idaho on

Q: Am perm resident. Want to marry illegal who overstayed visa. Is it better to become USC first, or marry, then become USC

I want her to become permanent resident and know the big difference in USC vs PR waiting time and rules. So I do not want to endanger her chances to become PR. If she married a PR who then became a USC, would we have to follow PR marriage rules or since I am a citizen when we file, we would follow... Read more »

Jordan C. Moody answered on Mar 14, 2019

If you petition a spouse as a PR, and then become a USC while the petition is pending, you can change the visa category. So I would advise you to start both the petition and naturalization processes now.

2 Answers | Asked in Immigration Law for Idaho on

Q: How quickly can I get a fiancée visa for my future wife who's a Japanese citizen?

Jordan C. Moody answered on Nov 16, 2018

The first step (I-129) is taking about 7-9 months currently. Then scheduling the interview with the U.S. consulate there will likely take another 2-3 months or so.

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1 Answer | Asked in Immigration Law for Idaho on

Q: Can I renew my license with the I-797 notice action in Idaho?

My license is about to expire in 7 days and I need to renew my license to be able to drive to work.

Jordan C. Moody answered on Sep 13, 2018

The I-797 notice of action is the same title for all government receipts, so more information is needed. Reach out to an attorney in your area. Some of them offer free consultations. This answer will depend on the type of application you have filed.

2 Answers | Asked in Immigration Law for Idaho on

Q: For the U Visa I'm having the local law enforcement sign I-918 form!! I would greatly appreciate it if I could get help

I'm hving trouble with local law enforcement not signing the I-918 form

Jordan C. Moody answered on May 31, 2018

Call a local attorney for help to determine if there might be a way to get the signature from law enforcement.

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1 Answer | Asked in Divorce and Immigration Law for Idaho on

Q: Does America accept divorces obtained in Denmark? (Regards to K1 visa)

Jordan C. Moody answered on Feb 21, 2018

With a few nuances, the rule is that if the divorce decree is accepted by a recognized government, the U.S. agencies will recognize it for purposes of immigration, K-1 in your case.

So in this situation, if Denmark recognizes the divorce with the documentation that you have, then U.S....
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1 Answer | Asked in Criminal Law and Immigration Law for Idaho on

Q: can a european citizen visits an inmate in USA state prison? Is it even possible are they any options? please help.

I have meet stephen newman on penpal add an i have been writing to him for 4 years now, and i would really love to visit him, since we started to dating last year.

Jordan C. Moody answered on Jan 5, 2018

That will depend on the rules of the prison, but the process would be to call the prison and ask if a person would be able to use a foreign passport as a form of ID during an inmate visit.

1 Answer | Asked in Criminal Law and Immigration Law for Idaho on

Q: I'm the victim of domestic violence/strangulation and with minors present, can I drop the charges and set the abuser fr

this is in Idaho - my husband/boyfriend has been jail a week. I want to drop the charges that I never put, the hospital put the charges, but I dont want him to get charged. this was his first offense.

what can I do?

the prosecutor has been pushing me to testify against him and if... Read more »

Jordan C. Moody answered on Nov 21, 2017

This is a question for a criminal defense attorney, and I would seek a consultation with a one as soon as possible. But the prosecutor cannot have your children taken away if you refuse to testify. That can only be decided by a judge.

If there were signs of physical injury, the prosecutor...
Read more »

1 Answer | Asked in Family Law, Immigration Law and Criminal Law for Idaho on

Q: can a person with no amercian citizenship visit a incarcerated?

Hi!

im from europe and i have a boyfriend in usa Idaho orofino prison, we known each other for 4 years and i want to visit him, but we dont know if its even possible that someone out of States could visit an inmate? please help me, i have contacted several lawyers and never got a specific... Read more »

Jordan C. Moody answered on Sep 28, 2017

That's going to depend on what identification documents the prison will accept. Call the prison where your boyfriend is being held and ask them what forms of ID would be accepted for visits. A foreign passport should be sufficient for them.

1 Answer | Asked in Immigration Law for Idaho on

Q: Can I apply for asylum if I change my religion while in the United States

Im a F1 student in the United States. I've been studying here for 2 years and still have 2 more years to graduate. Im a citizen of Jordan, Three months ago I converted from Islam to Christianity. Can I apply for asylum to avoid persecution in my home country if I go back?

Jordan C. Moody answered on Aug 22, 2017

Yes. You will not need to worry about the one year deadline because of a change of circumstances, and because you are in current lawful status. Consult an immigration lawyer for specific direction based on your specific case.

1 Answer | Asked in Immigration Law for Idaho on

Q: What is adjustment of status?

Jordan C. Moody answered on Jun 23, 2017

Adjustment of status is when a non-immigrant visa holder "adjusts status" to that of a legal permanent resident, or green card holder. An example would be a student visa holder marrying a U.S. citizen and "adjusting status" to that of a legal permanent resident green card holder, based on their... Read more »

2 Answers | Asked in Immigration Law for Idaho on

Q: Is the local police force in my town required to work with ICE?

Jordan C. Moody answered on Apr 20, 2017

Local law enforcement can choose to work with ICE, but they can also choose not to. States and municipalities do not have any obligation to enforce federal laws, including immigration enforcement. It will depend on your local law enforcement's policy.

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1 Answer | Asked in Immigration Law for Idaho on

Q: My British Company has been hired to host an event in the US. Will we need work visas?

We host large wedding / festival like events with accommodations, restaurants, etc for high end guests. We have been hired to host one of these events in the US. We will be paid in advance and will hire many US contractors to do much of the work, but we'll need a core team of us from England to... Read more »

Jordan C. Moody answered on Feb 20, 2017

When will this take place, and who is the U.S. company contracting you? How big is the core team? Two weeks is a very short time, so you might just look at a way to use the ESTA program. For something bullet-proof, you might want to do P visas if we can classify your core group as an "entertainment... Read more »

2 Answers | Asked in Immigration Law for Idaho on

Q: What does it mean if you get a notice to appear in immigration court?

Jordan C. Moody answered on Jan 27, 2017

It means that you have been placed in removal proceedings and must defend yourself before an immigration judge. Reach out to an immigration attorney that can be your advocate. There may be options available for you to fight your case. Best of luck.

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1 Answer | Asked in Immigration Law for Idaho on

Q: Eligibility for Green Card

My niece married a Hispanic kid about a year ago (they are 20), that was brought to the United States from Mexico illegally when he was a very young child (2 or 3 years old). When he was about 6 or 7, his family took him back to Mexico for approximately 18 months and then returned to the United... Read more »

Jordan C. Moody answered on Nov 22, 2016

In order to be eligible for an application for a green card, he needs a legal entry. This can be done through an application for advanced parole through his status as a DACA recipient. Schedule a time to meet with an immigration attorney to go through the details. Some attorneys offer a free... Read more »

1 Answer | Asked in Immigration Law for Idaho on

Q: I am asylum seeker in italy can I travel to country close to my country of origin

I want to if it is possible

Jordan C. Moody answered on Oct 31, 2016

You have to look at whether this travel will allow the government to argue that you are not afraid to return to your country of origin. It is possible, but it might not help your case. Consult an immigration attorney with the specific facts of your case for a more specific answer.

1 Answer | Asked in Immigration Law for Idaho on

Q: I have a friend that came to america on a F1 visa and then applied for an OPT post visa and it was cancelled.

After applying for the OPT post visa, there were issues with graduation and said person couldnt get a job without graduating. What is their visa status? is it reverted to F1 or what are their options.

Jordan C. Moody answered on Sep 20, 2016

After the F1 and OPT, it does not revert to an F1. From what I can tell from these facts, the person is now out of status and will have a 60 day grace period to leave or fix their status. Contact an immigration attorney so they can get all of the facts and give you the most accurate legal advice.... Read more »

1 Answer | Asked in Immigration Law for Idaho on

Q: Renting house on H1B

I am on H1B status. My employer wants me to work at a different location starting next month. I own a house here where I am working now. I might come back in a year. My plan is to rent out my house for a year. I have hired a property management company to search for renter, collect rent and take... Read more »

Jordan C. Moody answered on Sep 2, 2016

As long as you are not an "employee," you aren't violating your visa requirements. Consult an immigration attorney to get a concrete answer for your specific case.

2 Answers | Asked in Divorce and Immigration Law for Idaho on

Q: I'm bulgarian citizen, married to american. I want file a divorce

I have B1B2 visa. I met someone and I have been visiting him in ID for the last few years in as I thought serious relationship. We go married (6th of April) this last time I was there, few days before I left. I'm thinking to file a divorce now, as this person has been lying to me. Marriage isnt... Read more »

Jordan C. Moody answered on Sep 2, 2016

You need to speak with an immigration attorney about the VAWA program and your possible eligibility to self-petition. It's worth seeing if you're eligible.

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