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Questions Answered by Ileana M Rivera
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 »

3 Answers | Asked in Immigration Law for Florida on
Q: What does USCIS mean by "your benefit request has been accepted and is under review"?

My husband filed an i130 petition for me. On the myUSCIS account we keep on seeing the phrase "your benefit request has been accepted and is under review" and the only thing changing is the date they update the page. Does that phrase mean that our file is resting in a drawer or that... Read more »

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

It most likely means that USCIS received your petition and payment was accepted. You then wait for your petition to get through the backlog of petitions that are pending before yours is adjudicated.

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2 Answers | Asked in Appeals / Appellate Law and Immigration Law for Florida on
Q: I applied for the 240 a but it has been denied. on October 13 I wantd to know if I appeal is there any chance I win.

I was detained in 2014but was let go cause of a I 220 A. I do not have no felonys. I have done all they told me too. But for some reason my 240 A (b) was denied. I had 30 days to leave voluntarly and pay a fee of $500 if I appeal is there any chance I could stay. I have 2 kids of age 18 & 19.... Read more »

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

Under the circumstances and the fact that you have 30 days to depart, the best course of action for you is to speak in person with an immigration attorney that can review and analyze your long history with the immigration authorities. Best regards.

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3 Answers | Asked in Child Custody, Divorce and Immigration Law for Florida on
Q: Im going threw a divorce to a filipina girl came over used me now is trying to take my son from me

Im going threw a divorce to a filipina girl came over from Philippines withen less then a year leaves me for another man she is not a usa citizen my son . What can i do to get pro bono help an or payment plan as i do not make much shes trying to have me pay for her lawyer as well an take sole... Read more »

Ileana M Rivera
Ileana M Rivera answered on Oct 15, 2019

The best thing you can do is find a family lawyer with experience in your area. There are some lawyers that offer a consultation free of charge, that way you can find out first if they can help you before paying for attorney's fees. Best to you.

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1 Answer | Asked in Immigration Law for Florida on
Q: Our IO after our marriage green card interview said our case was "approvable" but he needed to review. Is this bad?

My husband and I had our marriage green card interview today. We were asked some standard basic questions about our relationship. And our IO asked my husband a lot of questions about his government/military career back in his country (Nigeria), mainly if he had ever used weapons or trained with... Read more »

Ileana M Rivera
Ileana M Rivera answered on Oct 9, 2019

Please do not worry. Just because they would like to take some time to review does not mean that you will be denied. If you do not receive an approval letter, you should receive a letter with instructions. If you do not receive a letter within 90 days you should call the customer service number. If... Read more »

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Florida on
Q: I'm a permanent resident with a green card through refugee status. what documents do i need to travel outside the USA
Ileana M Rivera
Ileana M Rivera answered on Oct 7, 2019

In general, to travel outside of the US you need your US permanent resident card and your passport. You have not mentioned the country you will be visiting and that may be worth knowing to find out if there are is any potential issues you may encounter. Best to you.

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