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Questions Answered by Ana S. Mendieta
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
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
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
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
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
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
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
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
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
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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1 Answer | Asked in Immigration Law for Florida on
Q: Can I bring an interpreter to asylum interviews or is that not allowed?
Ana S. Mendieta
Ana S. Mendieta answered on Dec 2, 2018

You MUST bring your own interpreter to your asylum interview. One will NOT be provided to you. Your attorney cannot be your interpreter, nor can your witness nor a representative or employee of the government of your country. Your interpreter must be 18 years or older.

Even if USCIS will...
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1 Answer | Asked in Immigration Law for Florida on
Q: Can I get benefits for my daughter if Im still waiting Green Card and her father had US citizenship and he passed away.

My daughter was born in the USA in March 2018 and the same month my husband passed away.She is citizen and she has ssn, but I don't have ssn and I can't work because I'm waiting my green card.Maybe she can get any help from government?

Ana S. Mendieta
Ana S. Mendieta answered on Aug 9, 2018

Your daughter is a U.S. citizen and may be able to apply for benefits (you can apply for her) at The Administration for Children and Families agency in the state you live in.

The Administration for Children and Families funds states, to provide family assistance (welfare), child support,...
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1 Answer | Asked in Immigration Law for Florida on
Q: Is it possible that lawyer reapply for my work permit instead of me and to receive all documents fromUSCIS on his adress

I Applied for my work permit on june 9th 2017, but i have never received my receipe paper notice I-797c. I called USCIS and they gave me my receipe number and told me that everything is ok with my case but something the notices are getting lost.I m worried that the same thing can happen with my... Read more »

Ana S. Mendieta
Ana S. Mendieta answered on Jul 31, 2017

If you applied for Employment Authorization through your Attorney you might of signed a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. Part 4 of the G-28 states that you consent to being represented by the attorney. When you are represented, DHS will send... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: My gf entered the US as a tourist on an esta visa. We changed plans and we'd like for her to stay. Can it be done?

I am a us citizen and can prove beyond reasonable doubt the relationship is genuine and we honestly had no previous plans for this to happen.

Ana S. Mendieta
Ana S. Mendieta answered on Jul 31, 2017

ESTA (Electronic System for Travel Authorization) Travel Authorizations are an approved travel authorization only, and not a visa under United States immigration law. Since ESTA authorizations are not visas, your girlfriend cannot request an extension of stay through Form I-539 or any other means.... Read more »

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