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Questions Answered by Lana Elliott
1 Answer | Asked in Immigration Law for Washington on
Q: I am here in the US on ESTA with my minor child. My parents are Green card holders. They have petitioned for our I-130.

My mother recently became mentally ill (danger to herself and to others) and I would like to know if my child and I could extend our stay to 6months, so that we can leave when she is more stabilized.

Lana Elliott
Lana Elliott answered on Aug 10, 2019

I am sorry to hear about your mother's health issue. To answer your question; a stay under the Visa Waiver Program (ESTA) cannot be extended, unless there is an emergency medical situation (but it must be on the part of the applicant. I do not believe your mother's medical situation... Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: My wife is waiting for her adjustment of status and she has an advance parole document. Is she able to travel to canada
Lana Elliott
Lana Elliott answered on Nov 23, 2018

Yes, she is able to travel abroad as long as she not only filed her I-131 (Document for advance parole), but also received it. If she just filed and is waiting for it while her AOS is pending, if she travels, her adjustment of status application is considered to be abandoned, and unfortunately, she... Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: Ive got a question on child US immigration (citizenship) that has been bothering me for a long time

Years back, my son's mother got her US citizenship through a marriage fraud and later on applied for my then 1 year old son for US citizenship. I ratified the consent to go ahead to grant my son US citizenship through an overseas consulate. Today my 6 year old son has US citizenship but I feel... Read more »

Lana Elliott
Lana Elliott answered on Nov 11, 2018

I am not aware of the process that would allow a minor to renounce their citizenship. Parents are not allowed to make this decision on behalf of their children. A child must be at least 16 years of age to present himself at the US consulate abroad and request renunciation of h their citizenship.... Read more »

1 Answer | Asked in Immigration Law and Social Security for Washington on
Q: I am international student who is issued social security card Can I apply for green card ?
Lana Elliott
Lana Elliott answered on Nov 8, 2018

Unfortunately,being an international student and having a social security card are not sufficient, on their own, grounds to apply for Green Card. There should be family, business, investment, or other relationship that would be a basis for a legal permanent residence (Green Card). I would... Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: What should I do in this complicated case?

I applied I130 for my wife since 11/18/2016 , when my daughter was born I added my daughter as a derivative to my wife on March 2018 and now the process in nvc for them is completed ,and they are waiting for interview at US embassy. I became aUS citizen on 10/23/2018 , as you told before that my... Read more »

Lana Elliott
Lana Elliott answered on Oct 31, 2018

Unfortunately, it is true that since you became a US citizen, a separate I-130 is needed to be filed for your daughter. You should:

1. Contact the National Visa Center and request to re-schedule your wife's interview.

2. File I-130 for your daughter ASAP.

3. After...
Read more »

1 Answer | Asked in Immigration Law for Washington on
Q: What happens if a foreigner intentionally overstays their tourist visa in the US?
Lana Elliott
Lana Elliott answered on Oct 25, 2018

If a foreign national overstays his/her tourist visa in the US, then their visa is cancelled and upon their return to the home country they have to reapply for a tourist visa (and it will be more difficult for them to obtain it). Also, after overstaying, while in the US, they will not be able to... Read more »

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