Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Monica E Rottermann
2 Answers | Asked in Immigration Law for New York on
Q: Do I need to pay for a new I-131 while I-485 is pending?

I applied for the I-485 in 2023 and filed the I-130, I-485, and I-765 together. My I-485 is still pending, and I have received notices that it's under review. Now, after two years, I want to apply for a travel document (I-131) for the first time. Since my I-485 is still pending and it's a... View More

Monica E Rottermann
Monica E Rottermann
answered on Mar 3, 2025

No, as you filed your I-485 prior to April 1, 2024, you are not required to pay a filing fee for the I-131. You should submit a copy of the I-485 receipt notice with your application. See USCIS website: https://www.uscis.gov/i-131

You do not need to pay an additional fee for Form I-131 if:...
View More

View More Answers

2 Answers | Asked in Immigration Law for New York on
Q: USCIS I-485 medical exam renewal guidance

I submitted my I-485 package along with my medical exam on March 30, 2023. Since then, it has been nearly two years, and I am aware that the medical exam expires after two years according to USCIS guidelines. My medical exam was conducted before April 2024, and my I-485 status is still pending. I... View More

Monica E Rottermann
Monica E Rottermann
answered on Mar 3, 2025

If you preemptively send a new medical exam to USCIS without first receiving a request for evidence (RFE), you run the risk of the medical exam being misplaced and not making it into your file. Instead, you can wait for USCIS to either issue a RFE for a new medical exam or wait for an interview... View More

View More Answers

2 Answers | Asked in Immigration Law for Kentucky on
Q: Handling I-862 filing with adjustment of status process in court

I have to appear in immigration court and file form I-862. However, since December 2024, my husband has applied for my adjustment of status, and I have the I-797 acceptance notification for that process. Should I send my I-797 acceptance notice to the court, and what should I consider regarding the... View More

Monica E Rottermann
Monica E Rottermann
answered on Mar 3, 2025

First, if you have been issued a Notice to Appear for removal proceedings, which it appears you have since you reference Form I-862, it is very important that you attend all scheduled court hearings and inform the immigration court if you ever change addresses. If you fail to attend any scheduled... View More

View More Answers

1 Answer | Asked in Immigration Law for Texas on
Q: I requested to reschedule my interview for n-400 due to travel. Administratively closed. Can I keep my previous apt?

I had no idea asking to re-schedule could lead to closure. Am I now forced to submit a written request to reopen?

Monica E Rottermann
Monica E Rottermann
answered on Nov 21, 2023

If your case was administratively closed, then it would no longer be possible for you to keep the original appointment. You should send a letter to USCIS requesting that your case be reopened, and an interview scheduled. Check the letter you received administratively closing the case and send your... View More

1 Answer | Asked in Immigration Law on
Q: immigration

A friend asked for a letter of invitation to the united states. A simple letter inviting them for vacation for two weeks. I want to make sure I'm not liable financially for them.

Monica E Rottermann
Monica E Rottermann
answered on Nov 21, 2023

No, writing a letter of invitation would not make you financially responsible for this individual, there are certain application forms (Form I-134 or I-864) that deal specifically with financial responsibility. In addition, if your letter makes no mention of financial support, there is no basis for... View More

1 Answer | Asked in Immigration Law, Adoption and Family Law for Indiana on
Q: Is the citizenship process quicker for a disabled adult vs. a normal adult?

My wife has a 23 year old disabled son (cerebral palsy and has the mental capability of a 2yr old). He still lives in Colombia with his father. If I wanted to adopt him as my son, would the citizenship process be faster than it is for a normal 23 year old adult?

Monica E Rottermann
Monica E Rottermann
answered on Nov 21, 2023

In order for an adoption to be binding on immigration authorities, the adoption must occur while the child is still under the age of 16 (along with some other requirements), therefore, if her son is already 23 years old any adoption would not be recognized for immigration purposes. But if you... View More

2 Answers | Asked in Immigration Law for New Jersey on
Q: I had a insurance fraud case 17 years ago, Can I apply for the citizenship?
Monica E Rottermann
Monica E Rottermann
answered on Sep 29, 2023

Perhaps, but it is also possible that the conviction renders you deportable from the United States and applying for citizenship would be a bad idea. Depending on the date that you were admitted as a lawful permanent resident, the date of the conviction, and the rest of your complete criminal... View More

View More Answers

1 Answer | Asked in Immigration Law on
Q: Hello im a USA citizen but also a Israel citizen, in currently in Israel and planning on coming back to USA this month,

Hello im a USA citizen but also a Israel citizen, in currently in Israel and planning on coming back to USA this month, my grandmother only has Israel citizenship and wants to come with me, how would that work? Am I able to invite her or anything of that sort

Monica E Rottermann
Monica E Rottermann
answered on Aug 11, 2023

Although it was announced earlier this year that Israel is working with the United States to participate in the Visa Waiver Program, which would allow Israeli citizens to travel to the United States without a visa for up to 90 days. Israel has not yet been added to the Electronic System for Travel... View More

2 Answers | Asked in Immigration Law for Texas on
Q: Do I have to take the COVID 19 vaccine to pass my medical exam? Is there any way to not take it and still get approved?

I don’t take vaccines due to religious beliefs and I don’t personally want to take something that a company isn’t liable for if I have any adverse reactions or death. What are my rights and can I still get my residency?

Monica E Rottermann
Monica E Rottermann
answered on Aug 11, 2023

Several vaccinations, including covid, are required as part of the medical exam (Form I-693). If the requirement for a vaccination would be contrary to your religious beliefs or moral convictions, you would have to submit a Form I-601 waiver. You can read more about the requirements for the... View More

View More Answers

3 Answers | Asked in Immigration Law on
Q: Can I Stay outside of USA for more than an year on green card?
Monica E Rottermann
Monica E Rottermann
answered on Aug 11, 2023

You can apply for a reentry permit that allows you to remain outside of the United States without returning for up to a two-period. You can read more about the permit here: https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf

Also, you should be aware that even though the...
View More

View More Answers

1 Answer | Asked in Immigration Law for Washington on
Q: What happens if an applicant missed U.S. immigrant visa interview, which was not cancelled on time by the applicant?

The applicant (family-based visa, F3 married child over 21 years old petitioned by U.S. citizen parent) did not show up on the first interview because he/she was not medically cleared, and that the clinic requested the applicant to have additional medical tests in multiple dates, and now the... View More

Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

The applicant should contact the U.S. Consulate where the interview was scheduled and ask that the interview be rescheduled, if the interview date has already passed there should be no need to wait any longer to contact the consulate for a new interview date.

1 Answer | Asked in Immigration Law for Texas on
Q: What to do if no visas are available for greencard based marriage after interview? Petitioner is a green card holder.

My husband (GC holder) and I (Visa) has our interview yesterday. It went well but officer told us that no visas were available for my country (Venezuela) we are wondering what to do now. Do we just wait?

He is about to become a citizen is a week and officer said we can update application.... View More

Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

If he remains a green card holder, then you have to monitor the Visa Bulletin (Final Action Chart) to see when your priority date becomes current, and the visa has become available. As long as the priority date was current at the time of the filing of the adjustment, USCIS will keep the case on... View More

1 Answer | Asked in Immigration Law for Oklahoma on
Q: My I-94 expires on 08/18/2023. What is the absolute latest I can mail my packet to be accepted?

I-485

Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

You do not indicate under what basis you are filing for adjustment of status but if you are required to be maintaining lawful status in order to be eligible for adjustment you should not wait until the last minute to file the adjustment, particularly as there can be mailing delays or other issues.... View More

2 Answers | Asked in Immigration Law for Illinois on
Q: If the IJ closed the case in absentia (no NTA) and I file an appeal with BIA, is it a granted auto-stay of removal?

If the immigration judge closed the case in absentia, the respondent didn't attend because he/she didn't receive any NTA (old address). The respondent is going to file a motion to reopen, but the judge will deny it, and the respondent will file an appeal with the Board of Immigration... View More

Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

If the respondent did not attend the hearing, then most likely the judge ordered the respondent removed in absentia. If the respondent qualifies for a motion to reopen based on lack of notice, there would be an automatic stay when the motion to reopen is filed with the immigration court. However,... View More

View More Answers

1 Answer | Asked in Immigration Law for Minnesota on
Q: Hello. Does threats of violence - reckless disregard risk qualify for U- Visa?
Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

It might, you will want to obtain a copy of the police report for an immigration attorney to review to determine which sections of law the police indicate that they investigated and as long as the crime investigated is on the list of qualifying crimes or substantially similar to a qualifying crime,... View More

2 Answers | Asked in Immigration Law for North Carolina on
Q: Can unmarried kids immigrate as derivatives?

I petitioned for one of my brothers as a citizen of the USA. The petition was filed in April 2010 and approved in October 2014 by USCIS. The kids were under 15 years old at the time the petition was approved in 2014. The projection is that the visa will be available in 2025 and both kids will be... View More

Monica E Rottermann
Monica E Rottermann
answered on Jul 26, 2023

Whether your brother’s children will still qualify as derivatives when the visa becomes available will depend on whether they qualify for protection under the Child Status Protection Act, however, as this calculation requires the date the priority date first became current, there’s no way to... View More

View More Answers

2 Answers | Asked in Immigration Law for West Virginia on
Q: Was born abroad due to my parents being in the military i lost my fs-240 in a move and my id is expired

Is there any way to get my id without a birth certificate or vice versa

Monica E Rottermann
Monica E Rottermann
answered on Jul 26, 2023

To get a replacement for your consular report for birth abroad, it looks like you do need a valid unexpired ID, you can read more about how to obtain the replacement here:... View More

View More Answers

2 Answers | Asked in Gov & Administrative Law and Immigration Law for California on
Q: how do i start to get my kids and i free passports low income family i seen a form called I-912 form fee wavier

i am us citizen and my kids as well im low income im trying to get ur passports

Monica E Rottermann
Monica E Rottermann
answered on Jul 24, 2023

The U.S. Department of State charges fees for U.S. passports and does not accept fee waivers. Additionally, Form I-912 is a USCIS form and since you must apply with the Department of State and not USCIS for the passport, this form cannot be submitted. You can find the fees for U.S. passports here:... View More

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: Please expound to me what my chances are of joining my husband and having my son move with me same time.

Dear attorney,

Good morning. Please I have few concerns and do need your assistance with getting answers so I can fix them.

I met my fiancé not long ago and presently he applied to have his passport issued to enable him come to my country to get married to me. He is a US citizen.... View More

Monica E Rottermann
Monica E Rottermann
answered on Jul 18, 2023

To be considered a stepchild of a United States citizen, the marriage between the biological parent and the USC spouse must occur while the child is under the age of 18. As such, if your marriage occurs after your child is already 18, your spouse would be unable to petition for him.

2 Answers | Asked in Immigration Law for Texas on
Q: I lost my petition to change name certificate and i would like to obtain a new one
Monica E Rottermann
Monica E Rottermann
answered on Jul 18, 2023

If you lost your original naturalization certificate or if your name has legally changed since you obtained the certificate and you would like to obtain a new certificate with your new legal name you would have to file Form N-565, Application for Replacement Naturalization/Citizenship Document and... View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.