Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Monica E Rottermann
1 Answer | Asked in Immigration Law for California on
Q: How to add a second/ new joint sponsor on CEAC, already have one but visa office during interview said need a new one
Monica E Rottermann
Monica E Rottermann
answered on Aug 2, 2022

You should follow any instructions that the consular officer gave to you, as sometimes they request that the documents be mailed to them and if that is the case they usually send an email with instructions and a courier label for mailing. I believe once the DS-260 and all documents are accepted by... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I want to find out if theres a way to get a personal review from Homeland security and FBI from someone who is in Mexico

i've been told it as to be in a sheet since they aren't here to get the digital one, but i am having a problem since my mom's fingerprints are hard to read and they have sent them back many of times. We started this process over 2.5yrs ago and still haven't been able to start... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Aug 2, 2022

To request your mom’s A-file from either USCIS (immigration service) or EOIR (immigration court), you can file a FOIA request, which does not require fingerprinting. In addition, if you know any dates that she was caught by U.S. Customs and Border Protection or Immigration and Customs... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Can I apply for residency while my immigration case is still being processed?

I filed for asylum this year, and my court hearing is 2024. I am Cuban.

Someone told me I could apply for residency after living in the country for a year. Is that true, even though I haven't been seen by a court regarding my current case?

Thank you for your help

Monica E Rottermann
Monica E Rottermann
answered on Aug 2, 2022

If you were admitted or paroled into the United States at the time of your entry then you might qualify to apply for adjustment of status under the Cuban Adjustment Act, which allows Cuban nationals who have been admitted or paroled after Jan. 1, 1959 and physically present in the United States for... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Do I have to pay a fee for the form I-765 (work authorization) if sending it together with adjustment of status I-485?
Monica E Rottermann
Monica E Rottermann
answered on Jul 26, 2022

No, you do not need to pay a separate fee for the I-765. The $1,225.00 fee you pay with the I-485 covers the filing fee for the I-765. However, if you are eligible for and requesting a fee waiver, you would need to include both form numbers on the fee waiver application.

1 Answer | Asked in Immigration Law for California on
Q: Is there a way to help a young man who came from Guatemala when he was 14 years old, now 19, get a green card?

Juan has helped my husband with yard work since he was 16 years old. His mother brought his sister and Juan to the US from Guatemala when he was 14 years old. He entered the Fallbrook school system and graduated from High School last month. He is now 19, a hard worker, and speaks fluent English.... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jul 15, 2022

The Biden administration is supposed to publish new DACA rules next month. He might be able to qualify for that but should consult with an immigration attorney before applying, as it sounds like he may have an unexecuted removal order based on being included in his court parent's case.

1 Answer | Asked in Immigration Law for New York on
Q: How to correct an error in the Petition for Name Change?

Hello!

I need to correct a Petition for Name Change by adding a patronymic name in to the former name. Document is issued by the Department of Homeland Security. I was told that they had nothing to do with the name change, the case is closed, and I need to call to the court they work... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jul 14, 2022

You would need the court to issue you a name change, they cannot actually change the name on your certificate, but you first have to obtain a name change from the state court and then once you have the judge’s order legally changing your name you would then have to file Form N-565 with the... Read more »

1 Answer | Asked in Employment Law, Immigration Law and Adoption for Texas on
Q: Temporary Protected Status.

I am from India. Last year I got married to my girlfriend who is a US Citizen and I got adopted by a US Citizen. In 2020, During COVID'19, I could not function my MBA program as my SEVIS got Terminated. Recently I and my wife were planning to buy a home. Since I don't have a work... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jul 13, 2022

There is no TPS for India. If you qualify for adjustment of status, you will be able to apply for a work permit when you submit your application.

1 Answer | Asked in Immigration Law on
Q: I lived in the us for 5 years and that was 6 years ago now im in egypt, can I apply for a citizenship?

I also wanted to say that's when I was young and my family won the immigration lottery that they do but we also left when we weren't supposed to due to a close one dying.

Monica E Rottermann
Monica E Rottermann
answered on Jul 13, 2022

To qualify for U.S. citizenship you must be a lawful permanent resident for at least five years (3 if married to a U.S. citizen) and have continuously resided in the United States for the past five years. An absence of one year breaks your continuous presence, so no you do not qualify for... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: Need advice on Immigration questions

Hello, I have an asylum court hearing in Aug 2023 in Dallas TX court. We moved to Richmond, VA a year ago. I already filed my I-130 on Nov 2017, after my husband obtained his GC on May 2017. But I haven't yet received any approval or disapproval documents of I-130. I only received a notice... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jul 13, 2022

It is unclear from the facts whether you are actually eligible for adjustment of status. If you are eligible, USCIS does not have jurisdiction over your adjustment of status application because you are in removal proceedings. You would first have to wait for the I-130 to be approved and for your... Read more »

2 Answers | Asked in Immigration Law for Indiana on
Q: Can I be deported if i was abused by my spouse and i was also diagnosed with anxiety and depression after divorce

I have proof of her prostituting and dating another man while we were married

Monica E Rottermann
Monica E Rottermann
answered on Jul 13, 2022

There is not enough context given to know why you are worried you might face deportation. You might qualify for VAWA or some other type of protection for spouses of U.S. citizens or lawful permanent residents who have been battered or subjected to extreme cruelty, but there is no way to know based... Read more »

View More Answers

1 Answer | Asked in Immigration Law for New Jersey on
Q: How does the 5 year bar work if you break your continuous residence?

How does the 5 year bar work for public benefits (ex. SNAP) if you break your continuous residence for more than 12 months and are regiven a greencard? Do the 5 years start on the date of original entry or reentry?

Monica E Rottermann
Monica E Rottermann
answered on Jul 12, 2022

Your eligibility would be governed by the date of admission on your green card. It is unclear whether you were found to have overcome an abandonment and were able to keep your green card or if you were found to have abandoned your status and had to re-apply for a new green card. In any event it... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: applying for citizenship how can i get a sample letter for failure to register for selective service
Monica E Rottermann
Monica E Rottermann
answered on Jul 11, 2022

Whether your failure to register could result in a denial of your application, will depend on your age at the time you file the N-400.

If you are over 31 when you file the N-400 then your failure to register will not have an impact on your eligibility to naturalize. If you are between 26...
Read more »

2 Answers | Asked in Immigration Law for Arizona on
Q: My sister's son (US Citizen, living here in the United States) petitioned for mom However minor child was not petitioned

My sister's son is a US Citizen, adult living in the United States. he petition for his mother currently living in Chile. But he didn't petition for his sister which is a 14 year old minor. the attorney said that since he just makes enough money to petition for his mother that... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jul 6, 2022

Once your sister receives her immigrant visa, she will need to enter the United States within 60 days. Then once she gets her green card she can file an I-130 petition for her daughter. Your sister can also apply for a re-entry permit to protect her residency, which would allow her to remain... Read more »

View More Answers

1 Answer | Asked in Immigration Law and Landlord - Tenant for New York on
Q: If a US sponsor petitions for an adult family immigrant, what is the USCIS accommodation requirements if the US sponsor

resides in a one bedroom apartment with a lease agreement stating one occupant?

Monica E Rottermann
Monica E Rottermann
answered on Jul 6, 2022

USCIS requires a petitioner to file an affidavit for support, Form I-864, and meet certain income thresholds based on the federal poverty guidelines and household size. This requirement does not extend to accommodations. You can see the income requirements here: https://www.uscis.gov/i-864p

3 Answers | Asked in Immigration Law for Virginia on
Q: I got my green card through my mom who got her citizenship this year. I have already spent 4 years in the USA.

I arrived in the USA in June 2018. I applied for my green card in September 2020. Until now I did not receive my green card. Since I already spent 4 Years in Usa and my mom is a US citizen, do you think that I'm eligible to fill out a citizenship application?

Monica E Rottermann
Monica E Rottermann
answered on Jun 30, 2022

There is not information to know whether you derived U.S. citizenship through your mother when she naturalized, as this depends on a number of factors. I’m also uncertain if you applied for adjustment of status or an immigrant visa and your case was approved but you just never received your... Read more »

View More Answers

1 Answer | Asked in Immigration Law for Maryland on
Q: My fiancé is an illegal alien. We want to get married but also want to file for green card. How do I do that?

He is from El Salvador. We want to get married first. But want to know if it be better if we get his green card first

Monica E Rottermann
Monica E Rottermann
answered on Jun 29, 2022

Whether your boyfriend is eligible for a green card will depend on his immigration and criminal history. In order for you to be able to petition for him, you would first need to marry him (or he would have to qualify for a fiancé visa). However, if he has another means of immigrating, for... Read more »

1 Answer | Asked in Immigration Law on
Q: Please can acquision of the permanent visa take less than three months?I want help to acquire in 3 months.Thank you

Please I gain admission to Canadian college as nurse, is it possible to get my PR with the admission offer at the same time and how do I get it possibly done?

Monica E Rottermann
Monica E Rottermann
answered on Jun 28, 2022

No, there is a big backlog of cases, which has led to long processing times. If you qualify for filing adjustment of status in the United States you can check the USCIS Processing Times to find out how long your local field office is taking to process these applications:... Read more »

1 Answer | Asked in Immigration Law for Minnesota on
Q: I'm applying for a US Citizenship. I have a pending I-751 due to COVID and long delays. I had to get a travel stamp in

I'm applying for a US Citizenship. I have a pending I-751 due to COVID and long delays. I had to get a travel stamp in my passport at the USCIS Office. At that time they took my expired green card and never returned it. According, the M-477 checklist the first requirement is a copy of my green... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

As long as you are eligible for the N-400 at the time you file, yes you can submit it while the I-751 is still pending. USCIS will not approve the N-400 until the I-751 is approved; depending on your local office, both applications may be decided at the same interview so it is important that your... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I got banned for some year for overstay can a Hranka waiver help me? I have a critical situation going on.

Hi, I was living in the states for most of my life and and its my home. I was in the process if getting my residence from my mom who got hers from my brother who is American born but my mom passed away unexpected and did not finish the paperwork and the case was closed. I voluntarily left the... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

An INA 212(d)(3) waiver is entirely discretionary and it may be difficult to obtain if you have previously been present in the United States unlawfully for a significant period of time. Additionally, this type of waiver is only available with an application for a non-immigrant visa, so even if you... Read more »

1 Answer | Asked in Immigration Law for New Mexico on
Q: Hello, I am a Daca recipient and have read that I might be able to apply for a permanent green card if I came here legal
Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

Possibly, it would depend on whether you have a family member that can petition for you, for example a United States citizen spouse or U.S. citizen child over the age of 21. Or if you are under the age of 21, a U.S. citizen parent. You should discuss your case with an immigration attorney to find... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.