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Questions Answered by Monica E Rottermann
1 Answer | Asked in Immigration Law for Texas on
Q: Does CDC check for proof of vaccination at Immigration at a US airport?

If the airline doesn't require a proof of vaccination to enter the US, would a non-citizen have any issues upon arrival? Is there a CDC check at the airport? There wasn't one a few months back.

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

Yes, see CDC wesbiste: https://www.cdc.gov/coronavirus/2019-ncov/travelers/international-travel-during-covid19.html#:~:text=Air%20Travel%3A%20All%20non%2DU.S.,this%20requirement%20and%20accepted%20vaccines.

Non-U.S. Citizen, Non-U.S. Immigrants

Proof of Vaccination

REQUIRED...
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1 Answer | Asked in Immigration Law on
Q: I was removed from USA back in 2008 with 10 years bar. Bar is over, want to returne to US on family base immigration.

Back in 2008 I was fell into a sting operation where I was sold a 155 Card ,Which caused a fellony on my record. Punished 6 month imporsment and deportation with 10years bar . I want to return to US on family based immigration . Things need to be done before applying .

Am I eligible for... View More

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

Possibly, you might be eligible to apply for an immigrant visa, but more information is needed. Before you invest any money in trying to start the process on your own you will want an immigration attorney to review your complete criminal and immigration record to determine whether that prior... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Is there a way to help my friend get home without huge legal trouble?

I have a friend who is from Romania. She's been here since 2019 originally with work and travel temporary Visa's. Her boyfriend convinced her to stay and they got married. I know they started filling out forms for green card and he's sponsoring her, but the relationship has turned... View More

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

If your friend married her boyfriend and is interested in attempting to regularize her status and remain in the United States, she should speak with an immigration attorney to discuss her potential eligibility for VAWA, which you can read more about here:... View More

1 Answer | Asked in Immigration Law for Texas on
Q: My parent was issued an immigrant visa and it will expire soon. Can we extend the validity of the immigrant visa?

She is not ready yet to travel to US

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

The easiest option is for your parent to enter the United States before the expiration of the immigrant visa, as once they are admitted they will receive a stamp in their passport that makes the immigrant visa valid for 1 year. They can come to the United States and then return to their home... View More

1 Answer | Asked in Immigration Law for Louisiana on
Q: I am helping my friend get a green-card. He is married to a natural (born in USA) citizen and has 3 children's with her.

He did NOT enter the USA with a VISA. He is from Central America. He has never been in trouble with the law. He has been here for 17 years. He speaks English and he works steadily and has never received any assistance. He has an expired passport but can go to Consulate and have it renewed. I want... View More

Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

While it is kind of you to want to assist your friend with his immigration paperwork, there is much more to applying for a green card than simply filling out forms. He must actually be eligible for the benefits he is seeking and if he not eligible and applies he will not only be losing the money... View More

2 Answers | Asked in Immigration Law for Florida on
Q: I am the petitioner for my Dad to come to the US. Does he really need to bring my marriage certificate to his interview?

Also, does he need to bring his other children birth certificates to the interview even though they are all adults and won't be joining him? All the documents we uploaded were approved and he is currently waiting on an interview date.

Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

You should check the specific requirements for the U.S. Consulate where he will be applying for his immigrant visa. Some posts have additional requirements for documentation that are not required by NVC. Unless the post specifically requests that he take your marriage certificate, this document... View More

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1 Answer | Asked in Civil Rights and Immigration Law for Minnesota on
Q: Proper course of action.

Our son crossed the US border in Mexicali (October 2022). His court appearance in Fort Snelling is scheduled for February 2024. He was a beneficiary of I-130 filed in 2013; however, he doesn’t have 1-90 and we cannot apply for adjustment of status. He cannot apply neither for driver’s license... View More

Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

First, your son should make sure that he keeps the immigration court updated on his address, as court dates can be changed, and the court notifies respondents of the change in court date by mailing hearing notices. If he fails to attend a scheduled court hearing, he will be ordered deported.... View More

1 Answer | Asked in Adoption, Family Law and Immigration Law for North Dakota on
Q: My child was born in Hong Kong in 2014 out of wedlock. The mother was a Chinese national and " see more information"

My child was born in Hong Kong in 2014 out of wedlock. The mother was a Chinese national and I am a US citizen born and raised in the USA my entire life. I married her in Hong Kong in 2018. I was able to get them both visas ,ir1, and ir2. They are now here in the United States. I would like to get... View More

Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

If you are the birth father of the child, then you should be able to file a Form N-600 to obtain a certificate of citizenship. Under the Child Citizenship Act (INA 320) a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met... View More

1 Answer | Asked in Immigration Law for California on
Q: How many days of the year do you have to be in the country to retain your green card?
Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

A lawful permanent resident should not be outside of the United States for 6 months or longer in a single trip, or they could risk abandoning their status.

In terms of applying for naturalization, an applicant needs to establish that they have been continuously present in the United...
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1 Answer | Asked in Immigration Law for Texas on
Q: Have you ever been under immigration proceedings???

I’m filling out for I-485 and it’s asking me if I ever been under immigra.proceedings? We didn’t attent interview and I got a letter to leave country within 30 days but then I filled for Vawa. So should I answer yes or no to this question???

Monica E Rottermann
Monica E Rottermann
answered on Jan 12, 2023

Immigration proceedings refers to removal/deportation/exclusion/etc. proceedings. For example, if you were ever issued a Notice to Appear and had a case in immigration court in front of an immigration judge then you would have to answer yes to that question.

You should check your A-number...
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1 Answer | Asked in Immigration Law for Connecticut on
Q: I filed I-485 form and it was denied as I didn't file form I-130 as that's what my old lawyer told me to do. Next step?

I am a Canadian citizen married to an American citizen and I came with a B-2 Visa wanted to change my status to permanent residence under marriage but my lawyer told me not to file the I-130 form as I was already in the states and told me just to file the I-485 which was denied on December 6. What... View More

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

In order to obtain a green card or immigrant visa through your U.S. citizen spouse, whether you are in or outside of the United States, you either need an approved I-130 petition or must file the I-130 petition concurrently with the Form I-485. The I-130 petition is to reserve your immigrant visa... View More

1 Answer | Asked in Immigration Law for California on
Q: I 485 filed in Nov 2022 with I130 approved in June 2022, I 94 expiring in Jan 21st 2023. Option to travel outside US?

My parents got I-130 approved in June'2022. I filed their AOS (I-485) in Nov 2022, waiting to hear from USCIS. Their I-94 is valid till Jan 21'2023. They want to travel to India in Jan/Feb 2023. While waiting for I 485 approval, can I file their Advanced Parole (I-131) so that they can... View More

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

The current posted processing time for Form I-131 (Advanced Parole) at the National Benefits Center is 11.5 months, so if you file the AP applications now the applications will not be approved in time for travel in the next month. If your parents have an emergency reason they need to travel to... View More

1 Answer | Asked in Immigration Law for New York on
Q: HI, my deceased father was a U.S citizen and he had three children who were born outside of the U.S and at this time he

havent received his citizenship however he was holding a green card. I want to know can this children received a green card if they apply through the embassy?

My mother is also not a citizen.

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

If your father filed I-130 petitions for his children prior to his death there may be a way to get the petitions reinstated through humanitarian reinstatement. You can read about that process here: https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement

1 Answer | Asked in Immigration Law on
Q: can he got visa in immigration?

my father got act 212a6ci before 20 years in h1b now he have interview of immigration can he have any problem?

Monica E Rottermann
Monica E Rottermann
answered on Dec 14, 2022

An INA 212(a)(6)(C)(i) finding for misrepresentation never goes away. This means that because your father was previously found inadmissible under this ground, he will continue to be found inadmissible for this reason in all future applications. If he is applying for a non-immigrant visa, he might... View More

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... View 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... View 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:... View 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.... View 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... View 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... View 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... View 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... View More

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