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Questions Answered by Patricia C. Wall-Santiago
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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2 Answers | Asked in Immigration Law for California on
Q: Hi My Ead clock stopped 15 day after that not running what is the reason ?

Hi My Ead clock stopped 15 day after that not running what is the reason ?

My clock stopped in may 2018 but now I already went in court November 2019 for my master hearing but now also my clock stopped not running same 15 days.. and my individual date in June 2020 

Now what I do... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Nov 15, 2019

Dear Asylum Applicant,

I am sorry to hear about your asylum clock issue. If you believe that your asylum clock was stopped in error you should contact the court administrator where your removal proceedings are pending and inquired about the issue. They will be able to tell you what's...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: How can my daughter become with 26 a US citizen, when father blocks access to the needed information to apply for it?

My daughter is 26 years old and was born in Germany (she still lives there now with her family).

Her father (US Citizen), was in the Army and stationed in Germany.

We were never married.

He is on her birth certificate.

Also did she have a military ID card for a few... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Nov 13, 2019

If she is not married you can file petition on her behalf and wait for the immigrant visa to become available.

There might be another avenue for her to immigrate to the US even as adult child of a US citizen but that will require and in-depth consultation with an experience immigration attorney.

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1 Answer | Asked in Immigration Law for Kentucky on
Q: When can I apply for citizenship

?

My husband is in the military and is getting stationed in Germany next December that is December 2020. I am in his orders and i am aware that I qualify for expedite citizenship. I wanted to know how many days ahead can I apply for the citizenship??

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Oct 24, 2019

Dear Military wife,

Thank you for supporting your husband in his decision to be a member of the US Armed Forces.

You can go to the USCIS website and find helpful information regarding requests to expedite a naturalization application for spouses of military personnel....
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1 Answer | Asked in Child Custody, Child Support, Family Law and Immigration Law for Arkansas on
Q: How can i prevent kids father of taking kids out of country he has custody of one and i have custody of the other

Their father already took kids to border and left with his family for 8 months.. I want to prevent this as well as reverse custody of my other child back to me..

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Oct 15, 2019

Madam,

I am not a family law attorney neither authorized to practice law in your state but you need to contact a family attorney in your area ASAP regarding this matter or if you don't have the means to afford an attorney you can contact legal aid and see if you qualified for their...
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3 Answers | Asked in Immigration Law for Connecticut on
Q: Removal proceedings married to usc age gap ?

I married to usc in removal proceedings? I’m 24 and she’s 45 we had age gap i have all supporting and clear and convincing documentation.

Joint lease .

Joint accounts .

Joint utilities.

Pics.

401k retirement beneficiary

Life insurance... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Oct 15, 2019

Congratulations on your marriage!

First, if the marriage took place after the initiation of removal proceedings, there is a general prohibition under the law to not approved this family petitions unless the petitioner request in writing and with Form I–130. The request must state the...
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1 Answer | Asked in Immigration Law for Tennessee on
Q: Hello! Im married to US citizen and currently i-485 is pending. My attorney sent all forms. I received RFIE for i-485.

Can I sent response to RFIE myself, without using my attorney this time? Thank you

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Oct 14, 2019

I will strongly advised to the contrary. If you have a professional and diligent attorney you should, by all means, continue working with him regarding your application for lawful permanent residence in the US.

Please make sure that your attorney is authorized to practice law and has...
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6 Answers | Asked in Immigration Law for Florida on
Q: Can I reapply for adjustment of status with my husband?

My husband and I were scheduled for our interview for change of status (I-130). We were having marital trouble and did not attend the interview. We have been to counseling and have decided to continue with the marriage but we already recieved the letter that the case was denied and I reinstated my... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Aug 27, 2019

you can have USCIS reopen the I-130 proceedings by filing Motion to Reopen with 30 days of the denial.

Due to the ever-changing US Immigration laws, I strongly encourage you to consult an experienced immigration attorney to avoid any issues in the future.

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1 Answer | Asked in Immigration Law for Florida on
Q: Can I book my flight directly to Florida from the Caribbean island instead of going to Illinois where I was filed for?
Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Aug 21, 2019

Yes, as long as you don't violate the terms of your visa. In abundance of caution, I encourage you or anyone to consult with an experienced licensed immigration attorney saving you time, money, and future headaches.

1 Answer | Asked in Immigration Law for Alabama on
Q: Hi i was married in the u.s but got married in india does that count as polygamy too even after i got divorced here u.s.

I was married in u.s when i got married in india in 2015 but later got divorced with my x wife in u.s in August 2015 can i still file for my present wife in india for i130 or isit a big problem since im Muslim and allowed 4 wives? Plz help im really confused

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Aug 21, 2019

No. USCIS does not recognize polygamous marriages even if valid in the place of celebration. You will need to remarry your "second" wife (the one you married in India in 2015) to be able to file a family petition on her behalf. I suggest that you consult an experienced licensed... Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: I am working with a young man who is about to plead guilty to 2 felony charges. He was born here but his parents do not

have legal status. Could his plea create problems for his parents? No one at the court is going to report the matter to immigration.

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Aug 21, 2019

If “young man” is convicted of a “specified offense against a minor” under the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act” or “AWA”) he will be bar from having his family-based petition approved. Unless the Secretary of Homeland Security determines, in his... Read more »

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1 Answer | Asked in Child Custody, Child Support and Immigration Law for Michigan on
Q: Looking for a Spanish speaking family and immigration lawyer for a case in Pontiac.
Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Aug 19, 2019

Family Law is governed by the State you or your children reside; Immigration law is Federal Administrative Proceedings and any attorney anywhere from within the US can represent you. I am an Immigration attorney in Ft. Lauderdale, Florida with 15 plus years of experience and I am fully bilingual... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Hello, I am a green cardholder category IR7 (as of late 2016), how long do I have to wait to apply for citizenship?

When I was 15 years old I got adopted by US citizens. Because my Visa did not show I legally entered the country as a lawful resident, I came in as a tourist then got adopted. I did not automatically get citizenship. It wasn't until I became of legal age that I obtained my permanent resident... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Aug 15, 2019

If you did not derive US citizenship from your adoptive parents by operation of law, In order to be eligible for naturalization you need to have 5 years of lawful permanent resident status (LPR), show that you have been physically present in the US for at least 2.5 years of those five (this could... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Answer to N-400 Application: Part 10 - 9 - B?

I am filing for my citizenship application (N-400). I need to know what should I put in Part 10 - 9 - B of the form "My Prior Spouse's Immigration status when my marriage ended"?

We get married in the US in 2013 in VA (both on J-1 visa). She went back and I applied for... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Aug 15, 2019

It is not expected that you know everything about your ex-wife. So by witting "unknown" should be sufficient and better than leaving the question unanswered.

Good luck!!

Sincerely,

Patricia C. Wall

Practice Limited to Immigration & Nationality Law

2 Answers | Asked in Immigration Law for Nevada on
Q: Can my wife become a U.S. citizen if she was convicted of a drug possesion charge before we were married 10 years ago?

She was convicted in Japan. I’m a U.S. citizen. The charge was she tested positive for marijuana and exctasy on a urine test which is considered possession in Japan.

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Aug 15, 2019

You need an experienced immigration attorney. Foreign nationals with criminal convictions are in more likelihood in need of a waiver, if the law allows, or the person may be permanently bar from getting any status in the US.

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