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Questions Answered by Ana S. Mendieta
1 Answer | Asked in Immigration Law for Massachusetts on
Q: hi, i gave asylum and i won green card but i don't know where to give the documents given to me i don't know how to get
Ana S. Mendieta
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Ana S. Mendieta
answered on Nov 17, 2022

Dear writer, I strongly suggest you contact an immigration attorney in your locality or go to a legal aid office for further assistance in obtaining your green card based on asylee status.

On the internet I found this information. I do really hope this helps you.

Catholic...
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2 Answers | Asked in Immigration Law for Maryland on
Q: She applied for asylum when she were single, so when got married they gave her an Interview for asylum but suddenly…

They denied her application and send her to court for removal or approval so now we are married and have one child together and I’m à Us citizen, what can we do to adjust her status and avoid the court date because it will be In August next year ..

Ana S. Mendieta
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Ana S. Mendieta
answered on Nov 9, 2022

I would have to ask how did your spouse enter the United States. If it was a legal entrance then the way for her to adjust her status would be through family petition and concurrent request.

However, if your spouse entered the United States illegally, then the process would be through the...
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2 Answers | Asked in Immigration Law for California on
Q: Good day, My wife and I are applying for naturalization.

We have received a notice today that our N400 naturalization interview is scheduled during a long planned vacation overseas. Is it safe to reschedule the interview or should I just cancel the vacation and try to reduce the non-refundable costs? Thank you!

Ana S. Mendieta
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Ana S. Mendieta
answered on Nov 9, 2022

Dear N-400 applicants,

First, let me congratulate you for your interest in becoming U.S. citizens.

Secondly, how scheduling and rescheduling issues have increased recently, my advice, not only as an attorney, as this question is not a legal one, but as a person, is to plan to...
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2 Answers | Asked in Immigration Law for Maryland on
Q: I’m US citizen and my married to a nonresident, they denied her asylum application and send her to court . What can I do

To adjust her status

Ana S. Mendieta
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Ana S. Mendieta
answered on Nov 9, 2022

A: I would have to ask how did your spouse enter the United States. If it was a legal entrance then the way for her to adjust her status would be through family petition and concurrent request.

However, if your spouse entered the United States illegally, then the process would be through...
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2 Answers | Asked in Immigration Law for Florida on
Q: I have a job, working there for over a year. Marriage based green card interview is coming up. is there a problem?
Ana S. Mendieta
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Ana S. Mendieta
answered on Nov 9, 2022

If you have a job and are working with an employment authorization document, you should not have a problem.

However, If you are working illegally, while in the process of acquiring legal status, it depends. I strongly suggest you speak with an immigration attorney about this issue. You...
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1 Answer | Asked in Immigration Law for Florida on
Q: I have a question about sponsoring my unmarried adult brother for a green card.

I recently received my US citizenship though naturalization and would like to apply for a green card for my brother. He currently lives in the US and has a pending asylum case. I was told he is "out of status" and I can't apply for a green card for him, since his visitor visa expired... Read more »

Ana S. Mendieta
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Ana S. Mendieta
answered on Oct 24, 2022

First Congratulations on becoming a US citizen!

This is how it works, you first file Form I-130, Petition for alien relative with USCIS. Once USCIS approves the family petition you must wait for a visa number to be available. The availability of immigrant numbers for siblings (fourth...
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1 Answer | Asked in Immigration Law for Florida on
Q: Green Card through Parent? How do I go about this?

Hello,

I am a DACA recipient and an adult (21+) child of a Green Card holder.

What's the most efficient and low-cost way for me to get permanent residence?

I have read about the forms I-130 or I-485, but I am not sure which one I would apply to first, etc. I also... Read more »

Ana S. Mendieta
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Ana S. Mendieta
answered on Jan 16, 2022

Dear DACA recipient,

May I firstly assume you are an 'unmarried' son or daughter of a Permanent Resident.

For purposes of definitions, you are not a child; you are a son or daughter, because you are 21 years old or older.

You are a DACA recipient, meaning you...
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2 Answers | Asked in Immigration Law for Florida on
Q: Visa extension denied, assuming that we get a NTA, can we take voluntary departure before the court hearing?

Hi,

We have just had our visa extension denied and are now out of status unfortunately it is proving really difficult to wrap everything up and arrange exit before the end of the appeal window in the first week of January. Both Christmas and Covid are causing delays but we are trying to... Read more »

Ana S. Mendieta
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Ana S. Mendieta
answered on Dec 18, 2020

Assuming you get an NTA and a Notice of Hearing before an Immigration Judge, and you can provide for your transportation and fulfil the requirements as required by law [INA § 240B(a)], then the Immigration Judge may grant you a voluntary departure period of not more than 120 days from the time of... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: Can I get a drivers permit with a -765 approval letter in Florida
Ana S. Mendieta
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Ana S. Mendieta
answered on Nov 6, 2020

Form I-765 is used to Apply for Employment Authorization

Required Documents at the DMV in Florida are:

• For Valid/expired Employment Authorization Document (EAD) with I-797 for I-765

indicating application prior to expiration of EAD or

• For customers applying...
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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?
Ana S. Mendieta
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Ana S. Mendieta
answered on Sep 7, 2020

Dear Writer,

You write: "I have political asylum from Venezuela" (?).

May I assume you filed Form I-589, Application for Asylum and for Withholding of Removal with USCIS and that you are a national and citizen of Venezuela. I am also assuming, you are now married to...
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4 Answers | Asked in Immigration Law for Florida on
Q: When submitting form I-485 do we also send documents proofing relationship?

Hello, my American citizen husband and I got married back in June of 2018 here in Florida, right after we got married, we sent the form I-130 only, together with a lot of documents and photos that proof our relationship through the years we’ve been together, it took a whole year to get approved,... Read more »

Ana S. Mendieta
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Ana S. Mendieta
answered on Aug 18, 2020

1. It is prudent and the best practice to submit documents relating to you - the petitioner - biographical information, marriage certificate and proof of children you have together. Remember you will be the petitioner-sponsor, even if you have a joint-sponsor.

2. Yes, you have to complete...
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2 Answers | Asked in Immigration Law for Florida on
Q: Hi! my EAD will expire at the end of this year (29 December 2020) ... when do I apply for its renewal as ...

... my SSN is "valid for work only with DHS authorization" with expiry on 1/13/2020? ... I also have a pending I-485 Application ... will highly appreciate your reply on my query ... thanks

Ana S. Mendieta
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Ana S. Mendieta
answered on Jul 28, 2020

You file your renewal application on Form I-765 with USCIS before your current employment authorization

expires. You are not required to be in a valid nonimmigrant status when you file your renewal application.

Generally, you should not file for a renewal EAD more than 180 days...
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2 Answers | Asked in Immigration Law for Florida on
Q: I have a pending asylum case. My parents got US citizenship. As I know they can petition for me as for a relative.

I am unmarried 30 years old. Me parents became citizens of the US. Now I am in the US, waiting for interview, because I have pending asylum case. As I understand, my parents can fill Form I-130, Petition for Alien Relative. But am I qualify for Adjustment of Status? Should my parents fill Form... Read more »

Ana S. Mendieta
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Ana S. Mendieta
answered on Jun 30, 2020

Your parents can file Form I-130, Petition for Alien Relative on your behalf.

Now, if you entered with a visa, and overstayed your visa, you may qualify for Adjustment of Status.

But, if you entered without inspection or admission, you will have to Consular Process....
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5 Answers | Asked in Immigration Law for Florida on
Q: My husband is a New Zealander. I am a US citizen. Spousal Visa:do I have to pledge to be his sponsor & financial guardi

Do I have to be his financial guardian? Meaning, when I sign his paperwork, am I pledging to be his financial guardian?

Ana S. Mendieta
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Ana S. Mendieta
answered on Jun 5, 2020

Yes. If you are the US Citizen spouse of a New Zealand Citizen who wants to immigrate to the United States. The petitioner spouse is the first sponsor. If the spouse does not have enough income to be the sole sponsor, there can be joint-sponsors or co-sponsors added. Being a financial sponsor or... Read more »

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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?

Ana S. Mendieta
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Ana S. Mendieta
answered on Apr 13, 2020

Consular Process and Adjustment of States are two different ways to make your Husband a legal resident.

Seems your husband is in his country of origin and thus you had to chose consular process. If your husband were to have been legally in the U.S. you could have chosen to adjust his...
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2 Answers | Asked in Immigration Law for Florida on
Q: I was arrested I got my records clean I’m applying for a visa n it ask if I’ve been arrested so should

I got my records expunged because I was arrested 18 years ago now I’m applying for a visa and it’s asking if I’ve ever been arrested and charge

Ana S. Mendieta
PREMIUM
Ana S. Mendieta
answered on Apr 7, 2020

If you have been arrested, then your answer must say yes. It does not matter how long ago it was or if it was expunged or not. You are able to explain the circumstances of the arrest and the fact that it was expunged. You should also explain the reason it was expunged and why it should not weigh... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: My mother (green card holder) married an US citizen. I got my green card from him. How long I become a US citizen?

My mother has a green card. My stepfather is a US citizen and I got my green card from him. Do I have to wait 3 years or 5 years to become a US citizen?

Ana S. Mendieta
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Ana S. Mendieta
answered on Jan 20, 2020

You may qualify for Naturalization if you have been a permanent resident for at least 5 years and meet all other eligibility requirements. You might be confused by the fact your mother may qualify for Naturalization if she has been a permanent resident only for 3 years or more and meet all... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: 3 years wait time for naturalization, can some time counts towards that 3 years?

I am married to an american citizen for 10 years prior to coming to the US, in 2018, on an L1-A (manager transfer) visa. I received my green card last December of 2019 after a petition for alien relative.

I understand naturalization has a 3 years wait time before applying, after obtaining... Read more »

Ana S. Mendieta
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Ana S. Mendieta
answered on Jan 20, 2020

You may qualify for Naturalization if you have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen (i.e. have been living in marital union with the same U.S. citizen spouse during such time), and you must also meet all other... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: My girlfriend lives in Italy. I was born and raised in the United States. I own a business. How can my girlfriend stay?

I have a business

I am an investor

I would be able to create a trust with her name.

She is interested in being able to stay for half of the year, and travel back the other half.

Ana S. Mendieta
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Ana S. Mendieta
answered on Jan 20, 2020

This question if difficult to answer as you do not give us much insight in your goals. For the sake of trying to help you, I will make some assumptions: 1: Can my girlfriend stay in the United States for only 6 months of the year. I am assuming you have some knowledge of US immigration laws. I... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: Hello Do I need legal help to bring my father from Colombia? He was deported early 90’s.

We came to USA legally with a resident card, he served time in prison, he opted to leave at the end of his sentence.

Ana S. Mendieta
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Ana S. Mendieta
answered on Sep 4, 2019

Yes, you need legal help to bring your father from Colombia. The attorney you hire will analyze the crime your father committed and put him in prison as if it carries a permanent bar on reentry to the United States.

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