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Questions Answered by Monica E Rottermann
1 Answer | Asked in Immigration Law for California on
Q: Filed I-130 petition for my brother 5 years ago, He just changed his last name to a new one, what should I do?

He lives in Iran, Can the petition get amended? will his priority in the line be affected? Is there any harm or risk from what he did?

Appreciate your response

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

He will need to submit proof of his legal name change for his new name to be recognized by U.S. immigration officials and for the immigrant visa to be issued in that name. If the I-130 is still pending with USCIS you would need to submit proof of his legal name change to the service center... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: I recently applied for N-400 naturalization I might need to be added as a joint sponsor for PR, does that affect N-400 ?

I am permanent resident who just applied for N-400, and my mom wants to add me as a joint sponsor to get my father papers, does that affect my N-400 application I have not added any dependents in the application or that I am sponsoring anyone, is that going to affect my naturalization process in... Read more »

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

As long as you provide truthful and accurate information on the affidavit of support, being a joint sponsor for your father should not impact your naturalization application. You can read more about the requirements and responsibilities of being a joint sponsor here:... Read more »

1 Answer | Asked in Immigration Law for Nebraska on
Q: I have filed I-130 form for my wife and it's approved and I have one year old child. what I have to do to bring my child

with my wife?

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

You did not specify if you are a U.S. citizen or a lawful permanent resident (LPR). If you are a LPR then your child can be a derivative on the I-130 and you can inform NVC about your daughter’s birth to add her to the case so that she can also be issued an immigrant visa with your wife.... Read more »

1 Answer | Asked in Immigration Law for Arizona on
Q: How can my wife get a state ID if adjustment of status is not yet complete?

My wife came in with a K1 visa. We got married 2 weeks before her 90 days expired. 3 months later, we submitted for adjustment of status and currently waiting. Going on 9 months. My question is. How can I get her state issue ID if her K1 expired and do not have any other document but a marriage... Read more »

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

As part of the application for adjustment of status your wife can apply for an employment authorization document (EAD) using Form I-765. If she did not submit this form when applying for adjustment, she can submit it now. With the application she should submit proof that the I-485 is still... Read more »

1 Answer | Asked in Immigration Law and Civil Rights for Utah on
Q: If a citizen married an immigrant does that immigrant become a citizen

My friend is having trouble getting medicine for epilepsy because they say he's not a citizen but he's married and has filed w-2s before

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

No, marriage to a U.S. citizen does not confer citizenship on the spouse. Your friend’s wife would have to immigrate him for him to obtain lawful permanent residency in the United States. Your friend should consult with an immigration attorney to find out if he is eligible to immigrate through... Read more »

1 Answer | Asked in Immigration Law on
Q: How long it will take me to get in US if my spouse apply

My family immigration visa was approved! Medical and interview was remaining But I got married to my wife who rise and born in USA. So long it will took me to get there?

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

After NVC documentarily qualifies a case, they send the case to the U.S. Consulate or Embassy that is processing the immigrant visa. Unfortunately, the consulates do not share their processing times for immigrant visas online, but most places are taking anywhere from 1-2 years to schedule the... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Hi, my brother is a US citizen. Can he request a change of status for me if I am in the US. I entered with a visa waiver

How long will the process take. Can I request a work permit while I await the process.

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

Your eligibility for adjustment of status through your brother will depend on whether you already have an approved I-130 petition filed by him and what your priority date is. If your brother never filed an I-130 petition for you, that would be the first necessary step before filing for adjustment.... Read more »

1 Answer | Asked in Immigration Law on
Q: can you please interpret this section 214[b] of the US immigration and Nationality act for denial of F1 student visa.

I went for interview in prepation for schoolresumption for Msc in Biology at western illinois university,Macomb given with i20 form,sevis payment confirmation and all required document,only to be denied and reason given as ineligible under section 214[b] of the US immigration and Nationality Act.

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

Denial of a nonimmigrant visa under INA § 214(b) means that the consular officer found that you did not overcome the presumption of being an intending immigrant. Every applicant for a nonimmigrant visa is presumed to be an immigrant unless the applicant establishes to the satisfaction of the... Read more »

1 Answer | Asked in Immigration Law for North Carolina on
Q: If USCIS asks for original documents during my interview and all I have is copies, will that be acceptable?
Monica E Rottermann
Monica E Rottermann
answered on Nov 28, 2022

I think it will depend on which documents and the reason for not having the originals with you at the interview. USCIS typically requests to see original birth and marriage certificates (among other documents) at interviews to compare them with the copies that were submitted and confirm that they... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: can i sponsor my dad for a green card if he’s getting deported back after a misdemeanor?

he was in prison for 4 years 25 years ago & he was deported then came back & he was just arrested for a misdemeanor caused by my uncle & my father was protecting his children & now he’s getting deported back

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

If he was previously deported and returned illegally then most likely ICE is reinstating the prior removal order and your father would not have the right to see an immigration judge. He would also be subject to what is termed the permanent bar. This bar states that anyone who has been deported... Read more »

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1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: My kids dad was a resident but he got into trouble in 1997-1998 he left to Mexico and wasn not able to renew his residen

Is there any possibility he can return to the United states?

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

He would need to have the means to re-immigrate to the United States and apply for an immigrant visa to return. However, depending on what type of “trouble” he had, he might not be eligible for the visa. You should discuss his case with an immigration attorney to determine if he has a... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: A cousin was seen by a immigration judge and they told him that he needs to sign a custody redetermination questionnaire

What is that form for?

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

It sounds like your cousin is detained in immigration custody and the judge wants him to complete that paperwork to consider whether he will grant him bond to release him from custody.

1 Answer | Asked in Immigration Law for Arizona on
Q: Good morning, immigration law question, I have a pending petition for i-130 filled in 2019 for a sibling.

I was denied expedited request since our father is currently on stage 4 cancer , any other options i may have to get my sister here sooner so she can help take care of and be with our father before he passes?

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

You can try applying for humanitarian parole: https://www.uscis.gov/humanitarian/humanitarianpublicbenefitparoleindividualsoutsideUS

2 Answers | Asked in Immigration Law for California on
Q: Hi I'm a Guatemalan guy whit no legal status in this country I'm gay and I'm in this country because of discrimination .

How can I apply for asylum?

Where are the pro bono attorneys ?

I'm able to pay easy paymentS... Let me know tks.

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

In order to qualify for asylum you need to have suffered past persecution or have a well-founded fear of future persecution based on a protected ground (race, religion, nationality, membership in a particular social group, or political opinion). In addition, you have to file for asylum within one... Read more »

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1 Answer | Asked in Immigration Law on
Q: Teenage dad question | Look in more info

Hey so i'm pretty young myself and i don't know alot about legal things but i'm wondering if a teenage father (under 20) that's from a foreign country can move/live in the usa if the child is from the usa (and lives in the usa)

Monica E Rottermann
Monica E Rottermann
answered on Sep 19, 2022

No, just having a child that is born in the United States does not entitle you to come to and/or live in the United States. Your child would only be able to file a petition to immigrate you once they turn 21. You would need to have an independent means of coming to the United States, either by... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Hello. I was married a foreigner and applied for a green card. Okay e separated and I never followed up with immigration

Now I’m marring again and need to apply for green card for him . How do I know if my previous case is canceled or no

Monica E Rottermann
Monica E Rottermann
answered on Sep 19, 2022

If you submitted the case with USCIS, you should have received correspondence about the case, and if you failed to follow up the case was likely denied or deemed abandoned. If you no longer have the paperwork or do not recall what you received, you can file a FOIA request with USCIS to get your... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: Immigration I-130 petition

I am 21 years old US Citizen. I am filing I-130 petition for my parents. I understand that I have to file a separate petition for each parent but do I have to file one for my 11 years old brother too?

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

Yes, if you also want to petition for your brother he would need his own I-130, as there are no derivatives on immediate relative petitions (parents of U.S. citizens). Your parents are immediate relatives and will have a visa available to them upon approval of the I-130 but sibling petitions are... Read more »

1 Answer | Asked in Immigration Law for Ohio on
Q: Adjustment of status for a sibling on a B1-B2 visa

I am a U.S citizen and my biological sibling is currently in the U.S on a valid B1-B2 visa. Is he eligible for adjustment of status while in the US?

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

Most likely not, as it does not sound as though you have filed an I-130 petition for your sibling. In order for your sibling to be eligible for adjustment of status they would need to have an approved I-130 filed on their behalf and the priority date would need to be current at the time they filed... Read more »

1 Answer | Asked in Immigration Law for Louisiana on
Q: When can we expect to get written proof after sending a I-130 withdrawal request to USCIS?

We have sent a request of withdrawing the I-130 to USCIS more than a month ago. After wanting to expedite this request they said they cannot do it and it is going to be processed like the I-130 petition. The processing time will be the same as for the petition itself. On the internet they usually... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Aug 24, 2022

There is nothing you can do to make USCIS process the withdrawal faster and there is no set deadline for USCIS to send an acknowledgment. But once the withdrawal has been received by USCIS it is effective as of that date. You can try following up on the acknowledgment by submitting an E-request... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: My girlfriends greencard expired years ago but she still lives in Texas with me. Is it legal for me to marry her?
Monica E Rottermann
Monica E Rottermann
answered on Aug 24, 2022

Assuming she had a 10-year permanent green card (and not a 2-year conditional green card) she remains a lawful permanent resident even if her green card is expired. Assuming she has no underlying issues, she can file to renew her expired green card by filing Form I-90 with USCIS. Even with an... Read more »

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