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Questions Answered by Ileana M Rivera
1 Answer | Asked in Immigration Law for Florida on
Q: Hola,salí con I220A segunda casilla marcada con corte para el 2023,a quien debo pedir residencia a USCIS ò al juez?
Ileana M Rivera
Ileana M Rivera answered on Apr 25, 2022

Estimado(a). Los casos en la corte son muy delicados y es recomendable ver en detalle todosdocumentos de la corte antes de hacer una recomendacion. Si gusta podemos ofrecerle informacion en privado llamando a nuestra oficina. Terra Immigration Partners en Orlando, Florida.

1 Answer | Asked in Immigration Law for Florida on
Q: Is form i-824 a must to get to the NVC, or is it just a way of expediting?

USCIS sent me a notice stating i need to file i-824 for them to forward my case to the NVC because on the i-130 i had chosen the adjustment of status route but i ended up leaving the USA. Im so disappointed, i-824 will add about 550 dollars to the cost of the immigration process. Is it possible to... Read more »

Ileana M Rivera
Ileana M Rivera answered on Aug 27, 2021

Hello, Form I-864 is a requirement when adjusting status in the US. If you would have chosen the consular process in your I-130, you would have to submit the I-864 directly to the NVC. In either scenario, the I-864 is required.

2 Answers | Asked in Divorce and Immigration Law for Florida on
Q: My husband is applying for Tps and work permit we are married but filing for divorce . Will that affect divorce?

He arrived with a K1 visa been married 2 years

Ileana M Rivera
Ileana M Rivera answered on Jun 14, 2021

Filing for divorce will not affect the TPS/EAD applications, nor the divorce process. If he qualifies for TPS he should apply. Best wishes to both.

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3 Answers | Asked in Immigration Law for Florida on
Q: I am a US citizen an wants to file for my Dad, a widower. He had remarry once (wife died) since his and my mom's divorce

Now that he is a widower and had been divorced from my mom for our 30 years, do I still have to show proof of marriage to my mom, divorce from my mom, marriage to his deceased wife, and her death certificate? Please let me know which applies and which does not apply. Thank you

Ileana M Rivera
Ileana M Rivera answered on May 10, 2021

When you petition a relative, part of the process requires the beneficiary to show the civil status. That includes current marriage and all previous termination of marriages. Just make sure to get certified copies of all documents.

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4 Answers | Asked in Immigration Law for Florida on
Q: I am a US citizen..My mother have Tourist visa, she is 86 and recently my father died,she is leaving in Ecuador ,

I am planning to get her here to live with me..Can I ask the immigration officer for adjust of status at the port of entrance ? O need to start the petition while she is over there? ..She is alone in Ecuador...my brother and sister can’t take care of her but I am

Ileana M Rivera
Ileana M Rivera answered on Jan 20, 2021

Dear U.S. citizen, you are unable to adjust status at the border. I wish there was a simple answer, but in reality, there are different options to immigrate to the U.S. During the pandemic the process has become even longer. In this case, it would be best to talk directly to an attorney that can... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: If a derivative child was not included on the initial i-130 but is showing up in the CEAC to Accompany. can they?

We petitioned only for my aunt but now her son, who has not 18 at the time the petition was filed and is not yet 21 now until May of next year , is showing up on the CEAC/ NVC site and giving us the option to Accompany or follow to join. Would he be able to come over to the USA if he wasn't... Read more »

Ileana M Rivera
Ileana M Rivera answered on Nov 23, 2020

Yes. When you go into the CEAC/NVC website, you can pay the immigrant visa fees and complete the DS-260 application on line.

4 Answers | Asked in Immigration Law for Florida on
Q: Fiance visa

I am a US citizen and I want to bring my boyfriend from Dominican Republic to the United States. I would like to know which would be the best and fastest way - should I merry him in DR or should I apply for the fiance visa here in the US ?

Ileana M Rivera
Ileana M Rivera answered on Sep 14, 2020

The answer to your question depends on a variety of factors. To apply for the fiance visa you must have met in person first. If you did, then that may be an option. After it is approved and your fiance is in the US you should get married within the 90 days of arrival. If you want to marry in DR... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: i have political asylum from venezuela. my wife is citizen, what form do i need to complete? i-130 or i-485 or both?
Ileana M Rivera
Ileana M Rivera answered on Sep 8, 2020

It is impossible to answer your question with the limited information that you are providing. A confidential consultation is necessary to obtain the information needed to make a recommendation. You should invest some time speaking to an immigration attorney to proceed with the best course of action... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: A 16 year old is in the US on an ESTA from Hungary, living with his father who is a citizen. How does he get citizenship
Ileana M Rivera
Ileana M Rivera answered on Sep 1, 2020

We have worked many cases like this, however, to answer your questions we additional information about the child and the parent. If you would like we can provide you a consultation to talk about the details in a confidential manner.

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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.

Ileana M Rivera
Ileana M Rivera answered on Aug 26, 2020

Hello. There are different ways to come to the US; visa or green card. I understand that your husband wants to petition his daughter and his ex-wife? You may petition your husband's daughter to come to the U.S. with a family petition. Since there are so many different options, it is best to do... Read more »

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3 Answers | Asked in Employment Law and Immigration Law for Florida on
Q: Can unemployment assistance prevent me from getting my green card?

I am currently under parole under the Cuban Adjustment Act. I have to apply for the green card in August. I was currently laid off from work due to COVID-19.

Ileana M Rivera
Ileana M Rivera answered on Apr 30, 2020

I am sorry to hear you are going through unemployment. You should be able to apply for your adjustment of status in August. If you have a particular question you would like to ask, please call our office and we will assist you. best regards.

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4 Answers | Asked in Immigration Law for Florida on
Q: Can i switch from consular processing to adjustment of status for my spouse's case and how can it be done ?

I initially selected consular processing for the i 130 on my husband's petition but now we want to switch and go the adjustment of status route. Does he have to be in the states for us to switch to that? Provided that we meet the uscis eligibility criteria?

Ileana M Rivera
Ileana M Rivera answered on Apr 12, 2020

If you already started the process as a consular process, it may better to complete it that way. If you are a US citizen it should not take long to get the I-130 approved and move forward with the consular process part. Best to you.

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4 Answers | Asked in Immigration Law for Florida on
Q: Is it going to be a problem if someone overstayed leave to go back to own country?

Hi my friend from Canada over stayed , now she wants to go back to Canada , will she be in trouble when she leaves ?

Ileana M Rivera
Ileana M Rivera answered on Jan 13, 2020

Overstaying is never a good practice. The short answer is, it depends on the reason why your friend overstayed. If for example, the overstay happened because of medical reasons or any other important reason, it can be explained. Also, the amount of time of the overstay plays an important role. For... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: 22 mths and 10 days of waiting for i751 waiver (abuse) to be resolved. Can I file for naturalization? Or wait in limbo?

I haven't heard any about case since July 2019...I have since relocated and changed my address and was told my case is at my current local office. It is Frustrating...Feb 2018 Filer.

Ileana M Rivera
Ileana M Rivera answered on Jan 4, 2020

The processing times of I-751 depend on where you live. Some centers take up to 25 months to adjudicate and that is just an average time frame. If you moved that will add more time to the adjudication process since USCIS has to move the file internally accordingly. Therefore, you may still be... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Traveling abroad while waiting for 10 years green card?

Hello great lawyers,

I have received a letter I-797 saying that I got approved and the 10 years green card will be mailed to me within 60 days. But since the day I received that notice, I have not received anything else. I called to the USCIS they said that my card has not been producing.... Read more »

Ileana M Rivera
Ileana M Rivera answered on Dec 6, 2019

If you have been approved for a ten-year green card, you have the approval notice, I-797 and you have a stamp I-551 on your passport from the local USCIS office, you should be able to travel without any problems. The CBP may give you a hard time for not having the plastic card, but if they look up... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Is there a way For us to get permanent residency in USA?

Hi. My husband is DACA recipient . He has his brothers born here (one is then will turn 21 in 2 years). Me, over stayed, so no paperwork right now. Our daughter was born here.

We are looking for any option to get permanent residency here. Do we have any chance or not really?

I... Read more »

Ileana M Rivera
Ileana M Rivera answered on Nov 29, 2019

The definition of Immediate relative for the purpose of adjustment of status per INA 201(b) is: Immediate relatives of a U.S. citizen include the U.S. citizen’s spouse, children (unmarried and under 21 years of age), and parents (if the U.S. citizen is 21 years of age or older). Siblings are not... Read more »

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2 Answers | Asked in Consumer Law, Criminal Law, Immigration Law and Federal Crimes for Florida on
Q: How can I file online bitcoin job scam to FBI?

Last year I was scammed online about bitcoin job. I lost money, my debit cards were overdraft and almost lost apartment because of lack money. My and my boyfriends personal information were exposed to scammer. I do not have a lot of his personal info. But as I prove I have all messages, calls,... Read more »

Ileana M Rivera
Ileana M Rivera answered on Nov 24, 2019

Be aware that calling the authorities to report a crime, in this case the FBI, will prompt an investigation into who is reporting the crime.

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2 Answers | Asked in Immigration Law for Florida on
Q: i have permanent residence. How will affect a I-130 for my wife if I accept an offer to do Phd?I will get stipend of 27k

I have some savings, i also can quit the school and return to the same job i have now (80k) in case i face economical problems. The Phd is expected to last 2.5 years

Ileana M Rivera
Ileana M Rivera answered on Nov 20, 2019

Your income will be considered when you submit the Form I-864, affidavit of support. Depending on the household size there is an income/asset requirement to qualify as the sponsor of your wife. If your income is not over the required amount in the Form I-864P chart, then you can get a joint sponsor... Read more »

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4 Answers | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: Can a lawyer's diploma from Venezuela in the United States be recognized?

The Man has a Full Lwyer Diploma from Venezuela and live in Orlando as Asyl Resident can he do everything to get a recognized of his diploma in US?

Ileana M Rivera
Ileana M Rivera answered on Nov 24, 2019

You may want to look at the link below to find out more about the LLM programs sponsored by the American Bar Association and the requirements for each one.

https://www.americanbar.org/groups/international_law/students/llm/

Answer in Spanish:

Usted puede consultar el...
Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: How can I verify what service center is processing my i130? Our confirmation number starts in IOE. We live in Florida.

We want to track the processing times. Our ex lawyer said she sent a message to the California center to let them know she is not our lawyer any longer, but we live in Florida so we thought our center was the Texas one.

Ileana M Rivera
Ileana M Rivera answered on Nov 3, 2019

The I-130 receipt letter you received in the mail should have the location of the service center processing the petition at the bottom of the letter. However, occasionally I have seen USCIS move the cases to a different service center. If you did not receive the receipt letter in the mail you may... Read more »

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