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Questions Answered by Monica E Rottermann
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

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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

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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

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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

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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

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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

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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

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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.

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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

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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...
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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

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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

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2 Answers | Asked in Immigration Law for California on
Q: Will the time period be counted for citizenship while waiting for my green card as an Asylee? Asylum granted in 2019.

I got my Asylee status in 2019. I applied for my green card in 07/2020. I am still waiting for my green card. My question is: will the time period be count towards citizenship while still waiting for my green card?

Monica E Rottermann
Monica E Rottermann
answered on Feb 7, 2023

Asylees are typically admitted to lawful permanent resident status as of one (1) year before the approval of their Form I-485, meaning that your green card admission date will be backdated one (1) year from the date it is approved. You will be eligible to apply for citizenship, assuming all... View More

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1 Answer | Asked in Immigration Law and Adoption on
Q: I have an interview for an Ir2 I don't have pictures with my mom. Will the pictures be the grounds for visa denial?

We did had photos together but we were moving it was raining and we lost them all.

P.S: I am adopted

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

Each U.S. Consulate can require different evidence for cases so you should review the checklist for the specific consulate where your interview will be held to determine which documents are required for your case. You can look at this website to see the requirements of each consulate:... View More

1 Answer | Asked in Immigration Law on
Q: My husband is Cuban crossed borders and was paroled into the US by CBP with a trial date 6 weeks away can he be deported
Monica E Rottermann
Monica E Rottermann
answered on Feb 3, 2023

If your husband was issued a Notice to Appear and was placed in removal proceedings he must attend his scheduled court hearing or he could be ordered removed for failing to appear.

If a Cuban has been paroled into the United States they can apply for a green card under Cuban Adjustment...
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1 Answer | Asked in Immigration Law for Michigan on
Q: Is my marriage legal in USCIS VIEWPOINT ? I asked Clerk of Oakland County MI. He said no.

Filipina citizen I brought to USA on K1. We were in MI in motel, used zoom for meeting for an online ceremony with officiant in Utah and two witnesses somewhere in utah also. Is our marriage legal for USCIS when it is not in the state we live in (MI) and were residence in, when we had online... View More

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

For USCIS, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated. Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed. If the marriage was... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: How can I make sure my Nicaraguan companion and I can travel to Nicaragua together and return together at the same time?

I am a US citizen. He is a Nicaraguan citizen, here in the US. We want to make sure we can travel together there and back at the same time.

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

You did not mention your friend’s U.S. immigration status. Your friend’s ability to come back to the United States will depend on their immigration status; they need to have a valid travel document that allows them to return to the United States. For example, if they have a valid... View More

2 Answers | Asked in Immigration Law on
Q: Usa green Card Inadmissibility

I have been outside USA for more than one year as green card holder

Monica E Rottermann
Monica E Rottermann
answered on Feb 1, 2023

If your green card is still facially valid, meaning it is not expired, and you attempt to return to the United States, you should be prepared for U.S. Customs and Border Protection (CBP) to question you on the reason for your lengthy absence and raise that you abandoned your residency by staying... View More

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1 Answer | Asked in Divorce, Immigration Law and Family Law for Illinois on
Q: American husband wants a divorce. What type of lawyer do I need as a foreign born spouse, permanent resident?
Monica E Rottermann
Monica E Rottermann
answered on Jan 25, 2023

A family law attorney that handles divorces. You may also wish to consult with an immigration attorney to determine the impact this divorce might have on your status, for example, if you are a conditional rather than permanent resident.

1 Answer | Asked in Immigration Law on
Q: Son married after i naturalized and didnt notify NVC to upgrade I130 from unmarried son of LPR to Married son of US cit

I filed I130 for my unmarried son back in 97 he was 15 yo. Once case was approved it was never transferred to NVC because he was supposed to go through AOS which never did and never lived in US. I naturalized US citizen officially 2012 as per my Naturalization certificate, then, a month later, my... View More

Monica E Rottermann
Monica E Rottermann
answered on Jan 25, 2023

You will want to notify NVC about both your naturalization and your son’s marriage, as his visa category has now changed to F3 (married child of a United States citizen) and depending on his priority date, a visa may/may not be available to him at this time. As long as he married AFTER you... View More

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