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 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

View More Answers

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...
View More

View More Answers

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

View More Answers

2 Answers | Asked in Immigration Law for New York on
Q: My greencard issue date was January 2019 but I didnt get my plane ticket and move to the USA until September 2019.

Does this count for the "more than 6 months spent travelling outside of the country" rule? Does this affect the date I can apply for citizenship?

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

For purposes of naturalization you would only be able to start counting your physical presence in the United States as of the date you actually entered the United States in September 2019, not the date the green card was issued in January 2019.

View More Answers

2 Answers | Asked in Immigration Law for New Jersey on
Q: My birth date came up wrong on my Green card. How fast can it be rectified?
Monica E Rottermann
Monica E Rottermann
answered on Mar 31, 2023

You have to file Form I-90 to receive a new card with the correct information. If it was USCIS error, meaning your date of birth was listed correctly in the application but USCIS input it incorrectly, then you have to mail in your original green card and do not need to pay the filing fee. If,... View More

View More Answers

2 Answers | Asked in Immigration Law on
Q: I would like to know there's a chance if the case can be reopened since it was in 2003

My mother filed an I-130, which was approved, for me but she passed away before completing the process. I was a minor at the time and was living with another family member. FOIA responded to my request for a copy of the notice on this case. Their response was that the records were forwarded to NVC... View More

Monica E Rottermann
Monica E Rottermann
answered on Mar 29, 2023

This will depend on a number of factors, including whether your mother died before NVC terminated the case or if the case was previously terminated prior to her death due to lack of contact. Also whether you were outside of the United States at the time of her death/whether you are still currently... View More

View More Answers

2 Answers | Asked in Immigration Law for Texas on
Q: Can an attorney say he will take the case personally and then u find out it’s not him taking it?

My wife and I were comfortable with the attorney we spoke to because he convinced us that he had done many cases like ours and we signed the contract with the law office because we were under the impression that he would be taking the case like he specifically stated he would, well come to find... View More

Monica E Rottermann
Monica E Rottermann
answered on Mar 29, 2023

You would have to review the contract you signed with the attorney and see what it says regarding representation. For example, if another associate at the law firm will be the one who will be representing you, you need to see what the contract says regarding associate attorneys, etc. You should... View More

View More Answers

2 Answers | Asked in Immigration Law for Nevada on
Q: Which police certificate is required for CR-1 visa if my husband was born in pakistan but moved to UK at 16?

My husband was born in Pakistan and moved to UK when he was 16 and since then has lived in UK and Canada and is now a Canadian citizen. We have obtained police certificates for UK and Canada but not yet for Pakistan but I am not sure if it is even required since he moved to UK at 16. Please advise.

Monica E Rottermann
Monica E Rottermann
answered on Mar 29, 2023

Yes, he should obtain a police certificate from Pakistan as well. Per the Department of State, anyone over the age of 16 that has lived in their country of nationality for more than 6 months at any time in their life must obtain a police certificate from there. You can read more about it here:... View More

View More Answers

2 Answers | Asked in Immigration Law on
Q: Error in RFE cover letter

I received an RFE for a family based i-485 application. In the cover letter prepared by my lawyer to respond to the RFE, they made a typo with my first name. The error is only in the cover letter and nowhere else. We also submitted the original RFE notice received. I'm looking for a second... View More

Monica E Rottermann
Monica E Rottermann
answered on Mar 29, 2023

A typo in a cover letter for a response to a RFE is not going to be an issue. USCIS uses the name as it is written on the application forms for issuing identity documents, so as long as your name is written correctly on the application forms you should not have any problems. Attorneys are only... View More

View More Answers

2 Answers | Asked in Immigration Law on
Q: My husband is in US waiting for green card. He wants to visit family - can we apply for advance parole for this reason?

On USCIS it sounds like you can only apply if you have some sort of personal or medical emergency (I.e. death, terminal illness). Will his application get denied if he only applies to see family and does not provide evidence of a medical or personal emergency (I.e. doctor’s note, death certificate)

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

If he already has a pending I-485, he is entitled to file an I-131 without having to pay an additional fee and he would not need to establish a reason for needing to travel. However, processing times for I-131s are around 11.5 months. If he is trying to get an emergency advanced parole document,... View More

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: Spacing on last name, does it matter?

I am in the process of petitioning my mom. The last name in her birth record is De leon while in my birth record her last name is Deleon. Is it going to be a problem?

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

No, that should not be a problem. If she is going to be applying for an immigrant visa abroad, the Department of State typically uses the name as written on the passport so you can check the spacing on her passport and write her name on the forms as it is reflected on the passport. The different... View More

View More Answers

2 Answers | Asked in Immigration Law for Texas on
Q: Soccer club asking for documentation from my immigrant youth.

We signed up my son in a soccer club. Once we submitted his birth certificate and they noticed he is an illegal immigrant they started asking questions like: when he entered the US, are parents or siblings us citizens etc... I felt very overwhelmed and now I'm not sure if we should be... View More

Monica E Rottermann
Monica E Rottermann
answered on Mar 17, 2023

That does not sound like information that is relevant to your son’s ability to play soccer and if you are not comfortable, maybe there’s a different club that your son can join. Also, you may wish to speak with a local immigration attorney to determine what, if any, options are available to... View More

View More Answers

2 Answers | Asked in Immigration Law for New York on
Q: I-751 pending and N-400 interview is coming up

Thank you!

Monica E Rottermann
Monica E Rottermann
answered on Mar 17, 2023

Your spouse should accompany you to the interview and you should bring documents and evidence establishing the legitimacy of your marriage and that show that you are still married to and residing with your spouse.

View More Answers

2 Answers | Asked in Immigration Law for New York on
Q: Immigrant visa stamp, is it valid to travel outside the United States with the green card itself

Without the green card.

Monica E Rottermann
Monica E Rottermann
answered on Mar 17, 2023

Once stamped, the immigrant visa is valid for one year and as long as you are still in that one-year period, then you can travel on it. There is a notation on the visa itself that states: Upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year.

View More Answers

2 Answers | Asked in Immigration Law for Ohio on
Q: Will USCIS accept my student id since I don't have a government issued id?

I just received my notice of action letter for my biometrics appointment and while I was reading it I saw where it said I needed to bring a valid government issued photo id. I don't have any type of government issued id the only id I do have is my student id but I don't know if they will... View More

Monica E Rottermann
Monica E Rottermann
answered on Mar 17, 2023

If your student ID has your photograph, then it should be acceptable.

View More Answers

2 Answers | Asked in Immigration Law for Colorado on
Q: Regarding Form I-751, Petition to Remove Conditions on Residence. Trying to get status from USCIS

Been waiting 18 months now for USCIS to renew my step-daughter's green card. We started the process a few months before it was going to expire. She's now on a 24-month extension because of the pandemic slow-down.

Supposedly a letter was sent last week, but USCIS is saying the USPS... View More

Monica E Rottermann
Monica E Rottermann
answered on Mar 17, 2023

You can submit an E-request online and choose the option for “Did not receive notice by mail,” be sure to include the I-751 receipt number when you submit the request: https://egov.uscis.gov/e-Request/Intro.do

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: Can a cuban with I220A and court get representation for asylum in court for free?

I am Cuban and came here through the border in September 2022. USCIS gave me a I220A with Court's date in March 2024. I applied for asylum in November 2022, but I have not received any answer yet. I would know about my options and if would be possible legal representation from a pro bono... View More

Monica E Rottermann
Monica E Rottermann
answered on Mar 17, 2023

Unfortunately, the government does not provide free attorneys in removal proceedings. If you are trying to find an attorney to represent you pro bono you have to try contacting the organizations and individual attorneys listed on the Free Legal Services provider list you would have been given when... View More

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: HAVE YOU EVER BEEN ARRESTED, CITED, CHARGED, OR DETAINED FOR ANY REASON BY ANY LAW ENFORCEMENT OFFICIAL(INCLUDING BUT.

HAVE YOU EVER BEEN ARRESTED, CITED, CHARGED, OR DETAINED FOR ANY REASON BY ANY LAW ENFORCEMENT OFFICIAL(INCLUDING BUT NOT LIMITED TO ANY US IMMIGRATION OFFICIAL OR ANY OFFICIAL OF THE US ARMED FORCES OR US COAST GUARD)?

I AM ASYLUM SEEKER. I WAS ARRESTED BY US COAST GUARD WHEN I WAS ENTER... View More

Monica E Rottermann
Monica E Rottermann
answered on Feb 10, 2023

Sorry, I provided the answer to a different question! Here is the answer I meant to provide:

Given that the question includes arrests by the U.S. Coast Guard, the answer would be yes. Also, if that is how you ultimately came into contact with Immigration authorities to seek asylum, USCIS...
View More

3 Answers | Asked in Immigration Law for Oregon on
Q: For USCIS, How do I satisfy the requirement to list traffic citations when I can't remember when they took place?

I'm having difficulty completing the USCIS Citizenship application. I'm required to give details of every time I've EVER been cited by a law enforcement officer.

I can only roughly remember the date I got a speeding ticket last summer. I've been cited 3 other times over... View More

Monica E Rottermann
Monica E Rottermann
answered on Feb 10, 2023

Sometimes citations come up in the court system so you can start there (either searching online or going in person and asking clerk to search your name for citations). If that does not work you could try asking the DMV for your driving record and seeing if they come up (or maybe even your... View More

View More Answers

2 Answers | Asked in Immigration Law for Colorado on
Q: Can I use Advanced parole instead of waiting for the i-601a waiver to go to my interview in Dom. Rep.?

I am currently on DACA, 29 y/o and came into the US with Inspection in 2003. My mother filed an i-130 for me in 2014 and it was approved in 2015. I received the letter from the visa center in 2020 and filled out that application and paid the fees right away. I filed the waiver right away also and I... View More

Monica E Rottermann
Monica E Rottermann
answered on Feb 10, 2023

You did not state whether your mother is a United States citizen or a lawful permanent resident, which has significant bearing on the answer to your question, particularly as it appears you were under the age of 21 when she filed the I-130 petition. However, if you do need to apply for an... View More

View More Answers

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 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.