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Questions Answered by Monica E Rottermann
2 Answers | Asked in Immigration Law for Texas on
Q: Hi, my parents' petition is already approved and waiting for the interview. Can my 20 years old sibling join my parents?

I'm a US citizen and filed a petition for my parents. Their petition is approved and all the fees and documents are submitted. My parents are currently waiting for their interview to be scheduled. The question is about my 20 years old sibling that wants to join my parents. Can you please... View More

Monica E Rottermann
Monica E Rottermann
answered on Jun 14, 2023

There are no derivatives allowed on immediate relative petitions, so there is no way for your sibling to be added to the petitions you filed for each of your parents. You would have to file a separate sibling petition to immigrate your sibling. You should be aware that this will take much longer... View More

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1 Answer | Asked in Immigration Law for Georgia on
Q: If my mother marries a citizen and gets residency, am I also able to get residency as a 22 year old?
Monica E Rottermann
Monica E Rottermann
answered on Jun 12, 2023

You would not qualify as a stepchild of your mother’s United States citizen spouse under the immigration laws so could not immigrate through them. To be treated as a stepchild for immigration purposes, the marriage between your mother and her USC spouse would have had to have occurred while you... View More

1 Answer | Asked in Immigration Law for California on
Q: Does adding a derivative applicant have a fee on CEAC?
Monica E Rottermann
Monica E Rottermann
answered on Jun 9, 2023

There is no fee to add the derivative but once the derivative is added you must pay their immigrant visa fee:... View More

2 Answers | Asked in Immigration Law on
Q: I have been outside with green card for 18 months will my permanent resident status is abandoned

Will my permanent resident status abandoned after abroad with green card for 18 months

Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

You could be questioned by U.S. Customs and Border Protection agents upon your return to the United States. Abandonment is a fact-sensitive inquiry that depends on several different circumstances, including the reason for your delayed absence from the United States and the ties that you maintained... View More

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Why does Form I-864 inquire about other persons I am sponsoring? Am I restricted from sponsoring two different people?

I am currently sponsoring my wife, who has permanent resident status. My brother-in-law is now asking if I can also sponsor him (as a joint sponsor). Is this possible, and if so, how?

Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

If you earn sufficient income, you are not restricted from sponsoring more than one immigrant. The reason the form asks if you have sponsored another individual is because that person is counted in the household size calculation. You can find the income requirements based on household size here:... View More

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2 Answers | Asked in Family Law and Immigration Law on
Q: My CRBA rejected because I wasn’t physically present in the U.S. for 60 months is was less, what is the solution 4 child
Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

If you did not transmit U.S. citizenship to your child due to lack of physical presence in the United States for the required amount of time, you would have to file paperwork for your child to obtain a green card. The first step in the process is to file an I-130 petition and upon approval of that... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: I-130 Case question

I am on a I-130 case (my father's wife was filed for by her US citizen dad)that was approved in 2019 but i wasn't given the opportunity to get processed by my parents even though USCIS provided an option to us to continue with me on the case. This decision was taken due to my age at the... View More

Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

As a green card holder, your father can file an I-130 petition for you, as long as you are unmarried. Visa availability depends on what country you are from and you can check the Visa Bulletin for an idea of how many years it will take for a visa to become available to you:... View More

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2 Answers | Asked in Immigration Law for Virginia on
Q: I Paid a 10,000 dollar immigration bond about 6 years ago and never received my money back, what can I do?
Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

Do you know if the removal proceedings are still pending? You would not be entitled to your money back until the case was completed and the respondent did not breach the bond terms. Typically, once the case is over, ICE mails the bond obligor a form, informing the obligor that they are entitled to... View More

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2 Answers | Asked in Immigration Law on
Q: I need visitor visa for my mom
Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

You mom would need to apply for a B1/B2 nonimmigrant visa at the U.S. consulate nearest to her. She would need to establish that she only intends to come to the United States for a short visit (of up to 6 months) and then return to her home country. Additionally, she must establish that she has... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: Green card pending

Hello. I been married American citizen for 5 years. I applied for green card May 2020 and we went to interview December 2021 and since that we are waiting for respond. Our lawyer sends inquiry every month but nothing chance. My question is can I do anything else and also can I apply for citizenship... View More

Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

You can ask for assistance from your congressional representative, there is usually a tab on the congressional rep’s website for help with a federal agency. You can locate who to contact on this website: https://www.house.gov/representatives/find-your-representative

As you have not yet...
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3 Answers | Asked in Immigration Law for New York on
Q: what the potential consequences for not mentioning kid in I485, based on VAWA?

I485 is currently pending, but the child is not included. After getting Green Card based on VAWA - will it be difficult to petition for a child who was not mentioned in i485?

Monica E Rottermann
Monica E Rottermann
answered on May 2, 2023

Yes, you are likely to encounter difficulty in trying to immigrate a child you failed to list on your adjustment application. At the very least you would be required to explain the reason for the omission and establish that they are in fact your child. The consequences will depend largely on the... View More

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2 Answers | Asked in Immigration Law for District of Columbia on
Q: Can I do Advance parole (DACA) for a self-led language immersion trip if I get a support letter & funds from my employer

I've been studying Portuguese using professional development funds at work to gain fluency and provide support in any work we may do in Brazil. I want to do an immersive program but my pro dev funds would only cover the Advance Parole fee. Can I make a case for this if my employer vouches for... View More

Monica E Rottermann
Monica E Rottermann
answered on May 2, 2023

As it would not be an official program, I do not think that would satisfy the educational purposes requirement. Also, if it is a private tutor, you would have to explain why you could not work with a tutor in the United States or work with that tutor in Brazil via zoom etc. You likely need to find... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: How can I add new joint sponsor? Can I add new joint sponsor documents in applicants civil documents section?
Monica E Rottermann
Monica E Rottermann
answered on Apr 27, 2023

Yes, you can add a joint sponsor, but NVC must approve the request before you are able to upload any documents for that person. You would need to go to the affidavit of support tab and choose "add sponsor" and then provide the requested information. NVC then takes 1-2 days to review the... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Can an 130 be upgraded from F4 (through sister) category to F2 (Through USC parents). Is that possible.

My US citizen sister sponsored me via I130 application which is in approved status, since then my parents are both US citizens. Can my F4 family category be upgraded to F2 based on my parents citizenship and does that slow down or accelarate my application?my current F4 priority date is April3,2011

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

No, those are two separate visa categories, and you cannot utilize the prior F4 priority date on any newly filed petition. If your parent files an I-130 for you, as a U.S. citizen, it would be either F1 or F3, depending on if you are married or not. Or if you are under the age of 21 and unmarried,... View More

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1 Answer | Asked in Immigration Law for Nevada on
Q: I have no government identification card for my biometric appt. I cant get an identication card cuz I don't have my pap

I have a copy of my old identication card that's expired on 2017 only. What else can I show proof

Monica E Rottermann
Monica E Rottermann
answered on Apr 14, 2023

You need a valid unexpired ID to get into the building, they will not let you in with a copy of an expired ID. Not sure what country you are from but you can try contacting your local consulate to apply for a passport/country ID. Or if you are in school and have an identification card with your... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: If an asylum-seeker marries a United States citizen, are they required to change their asylum filing status or not?

Does the asylum-seeker have to report that they got legally married in any way to the United States government? Do they have to apply for a green-card by marriage or asylum by marriage or can they just continue to do it the normal way? Question asked because an asylum-seeker will marry a US citizen... View More

Monica E Rottermann
Monica E Rottermann
answered on Apr 14, 2023

Once the asylum applicant is scheduled for an interview, they will have to update the officer on their changed marital status and should bring the marriage certificate to the interview. They can continue to proceed with the asylum application that they submitted and are not required to seek status... View More

1 Answer | Asked in Immigration Law on
Q: Can I apply for parole for humanitarian reasons,

Can I apply for parole for humanitarian reasons,

Hello, I want to inquire. My father, mother, brothers, and sister live in the United States, but I live in Jordan alone, and I am 27 years old. Can I apply for parole for humanitarian reasons, knowing that I do not have any immigration case... View More

Monica E Rottermann
Monica E Rottermann
answered on Apr 14, 2023

To be able to qualify for humanitarian parole, you need to establish a compelling emergency and there needs to an urgent humanitarian reason or significant public benefit for the parole to be granted. Simply wanting to visit your family does not qualify as an emergency. Further, if you want to... View More

2 Answers | Asked in Immigration Law for Virginia on
Q: I got a VISA denial for my children who are derative applicants covered by CSPA according to NVC then what should I do?

We have an email from NVC confirming the eligibility of the children and also if we calculate the age accordingly then the age after the priority date till the date the application becomes current is below 21. Should we move a motion for appeal or request the embassy we had got the interview done... View More

Monica E Rottermann
Monica E Rottermann
answered on Apr 3, 2023

You would have to submit an inquiry to Legalnet, challenging the officer’s determination that your children are not CSPA protected. There are very precise requirements that must be met when emailing Legalnet and you can read more about those here: https://fam.state.gov/fam/09FAM/09FAM010304.html... View More

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2 Answers | Asked in Immigration Law on
Q: Will I be able to take my kid into the US immigration visa interview?

Will I be able to take my kid into the US immigration visa interview? He is born in US so he is not on the interview name list but he has his US passport.

My kid is 6 years old and the interview will be in Montreal, Canada. Thanks.

Monica E Rottermann
Monica E Rottermann
answered on Mar 31, 2023

No, he will likely not be allowed in with you.

The Department of State website for U.S. Consulate General Montreal states: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MTL-Montreal.html

Accompanying Persons...
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2 Answers | Asked in Immigration Law on
Q: How can i get to meet my partner in the US?

Me and my bf been dating for 2 years and we still haven't seen each other. He's a US citizen and i'm from Lebanon. He tried many times to come to Lebanon but it's not safe i can't get him here through all the crisis. I need help with me going to meet him and get married in... View More

Monica E Rottermann
Monica E Rottermann
answered on Mar 31, 2023

The K-1 fiancée visa allows you to enter the United States for the purposes of marrying within 90 days. The first step in the process is filing Form I-129F petition with USCIS and one of the requirements for this petition is having met in person during the last 2 years. Once the petition is... View More

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