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Questions Answered by Patricia C. Wall-Santiago
2 Answers | Asked in Immigration Law for Florida on
Q: I filed I-130 petition for my brother and it was approved in 2009. Can he apply for adjustment of status w/o the letter?

I never received the letter and NVC terminated the case. My brother has been in the US since 1990 and does not need a visa. But the application for adjustment of status says he needs to attach a copy of approval letter to his I-485 application.

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on May 13, 2021

Dear Concerned Brother,

When your brother applied for adjustment of status with USCIS, the burden is on him to show that he is eligible for the benefit sought. As such, he needs to provide evidence of the approved petition that forms the basis for his adjustment of status....
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3 Answers | Asked in Immigration Law for Florida on
Q: if my spouse worked self employed and paid taxes do we still mark worked without authorization on the I485?
Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Apr 29, 2021

Dear Husband,

Your wife must answer any question on any immigration form truthfully. If she worked without authorization and is adjusting as the spouse of a US citizen, that in itself will not make her inadmissible; she should be able to adjust her status to that of a lawful permanent...
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2 Answers | Asked in Immigration Law and Child Custody for Texas on
Q: Hello, I have two questions please. 1._ Can my fifteen year old daughter visit me in Ecuador during the time her

dad is applying for their resident visa in the USA?

2.- What do I need to fight for her costudy?

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Apr 27, 2021

Hello,

This question deals with immigration and family law. I will limit myself to answer the immigration question. If your daughter has a pending application for adjustment of status with USCIS and there are no other immigration issues (like removal order, arrests, and illegal entry),...
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2 Answers | Asked in Immigration Law for Georgia on
Q: My cousin in Ukraine denied visa because her aunt backdated her age to 11 when she was 14-a minor. Does she have a case?
Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Apr 26, 2021

Dear Concerned Cousin,

Based just on what you mentioned, children cannot be charged with committing fraud or crimes. I am certain there is an explanation as to why the wrong date of birth on the visa application. It looks like an honest mistake. The age difference between 11 and 14 will...
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3 Answers | Asked in Immigration Law for Texas on
Q: I submitted my I-751 on April 2019 & had an interview on Dec 2020. The120 days deadline is past due & still not answer.

I've submitted my I-751 on April 2019 and had an interview with my spouse on December 2020. We're told, we'd be notified about their decision in the next 120 days. The deadline is past and I called asking about this, I was told again my petition is in process and I have to keep... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Apr 26, 2021

Dear Conditional Resident,

USCIS published processing times for Petition to Remove Conditions on Residence (I-751) at all Field Offices shows that these petitions are taking between 17 Months to 35 Months to adjudicate and currently processing I-751 filed on or before June 01, 2018. See...
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4 Answers | Asked in Immigration Law for Florida on
Q: Where do I start? Can I get an EAD without applying for the I-485 concurrently?

I have a daughter that is 20 that is my preparer and translator. She is trying to help me get an EAD. I had one but it expired in 2007. I came to the USA legally with a visa in 2002. My EAD was in c09 status. All my documents have expired. My passport/visa. Parole paper, EAD. Also I’m here in... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Apr 26, 2021

Dear Daughter,

As the other attorneys explained, to better assess your mother's situation, we need more information to assist better or guide you. Immigration Law is complicated and has a lot of nuances and intricacies to it. Nothing is ever as it seems. Before you waste your time...
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3 Answers | Asked in Immigration Law for Texas on
Q: How do i as a American Citizen get my children passports if they were born in the U.K?

I have indefinite leave to remain in the U.K but received it after i had my children which are now 17 & 18. I am in need of advice on how to obtain passports for them. Are they entitled to American passports because I'm an American Citizen? When they were born i didn't have indefinite... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Apr 20, 2021

Dear US citizen,

For your children to derive US citizenship depends on if you meet the physical presence requirement and whether or not you were legally married to your children's mother. Your children's right to derive citizenship depends on several factors, including if you...
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1 Answer | Asked in Immigration Law for Florida on
Q: I am asylum pending now. I got approval for perm and I-140 based on EB3 . Time to apply Visa through consular processing

My question is if I got denied from 3rd country embassy (overstated my visa for about 140 days before I applied for asylum) how can I go back to US. What is the best way to protect me and my family. I have no serious reason to apply advance parole. Do USCIS approve advance parole to get interview... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Mar 31, 2021

Hello,

It seems that since you arrived in the US, you have been proactive in finding ways to remain in the US with your family legally. Your inquiry poses multiple immigration issues that need to be addressed by scheduling a meeting with an experienced immigration attorney. I invite you...
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1 Answer | Asked in Immigration Law for Georgia on
Q: i havea b1 visa valid until 2024 and i have over stayed for 6 years and i want to come back.

i havea b1 visa valid until 2024 and i have over stayed for 6 years and i want to come back. idont have any felony or criminal record. what are my options during immigration check at nyc airport. i will be travelling soon from india to usa.

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Mar 26, 2021

Dear Overstay,

I will assume your B-1 non-immigrant visa was issued around 2014. You then came to the US and overstayed your authorized stay of presumably 6 months for more than a year. This alone bars you from seeking admission into the U.S. for 10 years, at which point you will allow to...
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1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: what is considered unauthorized work

Hi. I applied for US Permanent Resident in October 2019 and I received the card in April 2020. I am a relative of a US citizen. If someone wants to pay me for a voluntary work i did in January 2020, will that be considered illegal? what are the exceptions USCIS provides? Thanks

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Mar 18, 2021

The question poses two issues: unpaid wages by an employer (regardless of immigration status), which I won't discuss, and the impact of work without authorization on a family-based petition. I will assume that you were granted lawful permanent resident status through marriage to a US citizen... Read more »

3 Answers | Asked in Immigration Law for North Carolina on
Q: Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status)

Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status) through marriage based green card. Exipiration of i94(b2) is a about month away. What if there is a delay in reciept of notice, should we file for i539 just in case, before her expiration/before... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Mar 12, 2021

As a general rule, a B1/B2 non-immigrant visa does not allow a foreign national to have dual intent. Some foreign nationals are granted specific types of non-immigrant visas and could show a future interest in immigrating to the US while holding a non-immigrant status. I strongly recommend you... Read more »

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3 Answers | Asked in Military Law and Immigration Law for New Mexico on
Q: When a veteran is disabled and need help from some body who live in other country. What steps He has to do? Maritza .

My husband and I are disabled and live along in the house, He uses a walker and me a wheelchair, have been very difficult because we don't have family close and some times one of us falls at dawn in the night and we have to tried to help our self take long time but we do.

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Mar 10, 2021

This is not my practice area, neither I am in New Mexico. But you should reach out to the New Mexico Aging and Long Term Services Department. https://www.nmaging.state.nm.us/our-services.aspx

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2 Answers | Asked in Immigration Law for Alabama on
Q: I am a US citizen, have been married to a man that entered US illegally for almost 10 years.

Is there any way to get him considered legal, he has a tax ID because he is a subcontractor, he has never been in trouble. Got deported because of racial profiling, he has no tatts, had 1 earring at the time but the cop said he looked like a gangster.

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Mar 10, 2021

I am sorry to hear what your husband went through. He should get an ITiN #; you could reach out to the tax preparers agency to see if they could assist you with that. Regarding his immigration status, I don't have enough facts to provide you with a more accurate answer. Still, he may be... Read more »

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4 Answers | Asked in Immigration Law for California on
Q: LPR for last 30 years lived outside USA with limited trips back to USA. What is needed for her to move permanently to US

My mother has GC I551 (77 no exp) and has lived lived outside USA with limited trips back and forth to USA with no issue getting through US immigration until 2019 when they questioned and allowed her through on a Visa waiver, which states that her GC is no longer valid. Question is my mother is now... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Mar 9, 2021

Hello, unfortunately, there is a presumption of abandonment of her LPR status based on the information. The green card that she was issued is a green card that did not have an expiration date. Green cards are only proof of status, not the status itself. Based on this set of facts, in more... Read more »

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2 Answers | Asked in Immigration Law on
Q: Can an approved i130 expire?

How long after the approval of i130 can a prospective immigrant wait to submit an affidavit from someone who meets the current guidelines? My husband lost his job, Im not sure if our approved i130 can "expire" if we dont go ahead with the immigration process soon. I dont know anyone else... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Mar 26, 2020

I will assume that your husband intends to proceed with consular processing. As a general rule, the petition does not expired but if the petition was transferred to the National Visa Center for visa processing and you do not respond to their communication within a year, the petition may get... Read more »

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3 Answers | Asked in Immigration Law for California on
Q: In the US on ESTA with American husband – can we petition and apply for adjustment of status while here - due to corona?

I'm a Swedish citizen living in London with my American now husband. We've been living together in Sweden and the UK for over 5 years, and just got married a month and a half ago in Sweden. We're in the US temporarily to visit family, before heading back to London to start the... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Mar 24, 2020

Dear Jennie & Thomas,

I am happy to hear that you are taking the necessary measures to be safe. The answer is yes. You can apply for your green card. I will strongly advise you to apply sooner rather than later to allow enough time for you to get a travel document so in the event...
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2 Answers | Asked in Immigration Law for Minnesota on
Q: Hello, i have a Master hearing today, so i was wondering because i don't have a lawyer yet. Must i have lawyer today?
Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Jan 29, 2020

First, you do not need an attorney to represent you before the Immigration Judge; you can do it prose. It is crucial to discuss your case with an experienced immigration attorney to determine any forms of relief available to you if any.

If this is your first appearance/hearing, you can...
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1 Answer | Asked in Immigration Law for Ohio on
Q: Can you tell me more about the Liberian Refugee green card. I am from Jamaica living in the United States since 2010
Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Jan 15, 2020

You must meet ALL of the following requirements:

1. You properly file Application to Register Permanent Residence or Adjust Status by Dec. 20, 2020;

2. You are a national of Liberia;

3. You have been continuously physically present in the United States during the period...
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1 Answer | Asked in Immigration Law for California on
Q: My mom is under domestic violence cause my dad used to abuse her and she is in citizenship process and I'm 17 but my

Girlfriend is pregnant and lived in new Mexico while I am in California.can I move to new Mexico and continue my citizenship process without it affecting my mother ?

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Jan 10, 2020

Dear Future Dad,

I don't understand the question. If you like you can schedule a telephonic consultation with us in order to understand your concerns and better guide you.

Sincerely,

Patricia C. Wall, Esq.

Immigration Attorney

2 Answers | Asked in Immigration Law for California on
Q: I'm 17 and my girlfriend is pregnant..but I'm currently waiting for my citizenship..I live in California and am wonderin

If I'm able to move to new Mexico and still hold my citizenship process

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Jan 10, 2020

Dear Future Dad,

If you decide to move while your application for naturalization is pending before USCIS you need to file a change of address form (Form AR-11) with the appropriate office. In theory, they are supposed to update the system and your naturalization interview should be...
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