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Questions Answered by Yohan Zingile
1 Answer | Asked in Immigration Law on
Q: Would I acquire unlawful presence?

I went to the US on an F1 visa in August, 2015. My I-20 expired on May, 2018. I returned to India on November, 2019. I still have two courses to graduate. The University granted me admission and I would like to apply for a student visa for Spring intake. Would there be a problem with the visa... Read more »

Yohan Zingile
Yohan Zingile
answered on Aug 15, 2022

You may face issue of inadmissibility if you applies for a visa. If you remained more than 180 days without authorization you may face 3 year bar. If you remained less than 180 days, they may or may not take into consideration this unlawful stay. Depending on on the circumstances of your case they... Read more »

2 Answers | Asked in Immigration Law for North Carolina on
Q: Question about Eligibility

Hey,

I'm here in USA under F1 status and I'm living with my uncle who is a US citizen. He is unemployed so we are living in an apartment from the housing assistance program and we pay $200 in rent because I'm not a US citizen. 1.I will have an issue while adjusting my status... Read more »

Yohan Zingile
Yohan Zingile
answered on Jul 31, 2022

You cannot adjust status through your uncle. He is not an immediate relative and is not part of the family preference category. The relatives that could file a family petition on your behalf are a US citizen or permanent resident parent, a US citizen brother or sister, a US citizen or permanent... Read more »

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1 Answer | Asked in Immigration Law for Tennessee on
Q: Employment gap in transition from F1 to Green Card through marriage; and should we be worried about temp. long distance?

In 2018, I came to the US under F1 for a Bachelor’s degree. In the same year, I started dating a citizen. I finished the program in 2021, but decided that degree was a professional mistake and started another one in a different field. At the same time, due to economic hardship, my girlfriend... Read more »

Yohan Zingile
Yohan Zingile
answered on Jul 22, 2022

A marriage based green card is not related to the employment issues. If you seek to get a visa or green card through employment this maybe different.

1 Answer | Asked in Immigration Law on
Q: How long does it take for u US citizen petición for her husband and 3 kids
Yohan Zingile
Yohan Zingile
answered on Jul 22, 2022

Time depends on whether is consular processing or adjustment of status in the U.S. It also depends on the processing time of the agency location processing the application. There may have other issues to address but it is not possible until discussing in details the whole situation.

2 Answers | Asked in Immigration Law for New York on
Q: I need to bring my boyfriend from the dominican Republic to get married in the USA what I need to do thank you
Yohan Zingile
Yohan Zingile
answered on Jul 22, 2022

You may file a petition to bring him as a fiancé. Once approved and in the US with the fiance visa you will need to marry within 90 days. The next step would be filing for a green card.

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2 Answers | Asked in Immigration Law for Texas on
Q: Can I renew Green Card if I left to Mexico for a year but came back a few years ago?

I left for a year and came back and have been living here since. I paid my taxes even on the year I was gone, kept an address, open bank account. I have been back two years and it’s time to renew. Can I just renew normally or I lost my access to renewal?

Yohan Zingile
Yohan Zingile
answered on Jul 22, 2022

If you re-enter the U.S. and are currently in the U.S. it is possible for you to renew your green card. Other issues maybe address and that you can share when discussing with an immigration attorney.

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1 Answer | Asked in Immigration Law on
Q: I'm a Us citizen married with 3 kids but living in Mexico is there a way I can petición for my family?

I've been told I have to return to USA and work and start the paperwork which in my cause I've never worked

Yohan Zingile
Yohan Zingile
answered on Jul 11, 2022

If you are the father of the children, your children would be US citizen. You can file a petition for your wife however you will need to come to the US. The petition's purpose is for your relative to come to the US live with you. So you will need to provide US mailing address etc. If finances... Read more »

1 Answer | Asked in Divorce and Immigration Law for Michigan on
Q: Can divorce from US citizen affect my immigration status as green card holder, my wife wants divorce and threaten me

hi, I'm a permanent resident with 10-year green card through married to US citizen. We are married for 6 years and have 4-year-old daughter. My wife now wants divorce and threaten me to file against me to USCIS to revoke my green card is that possible? can she do anything to affect my... Read more »

Yohan Zingile
Yohan Zingile
answered on Jul 8, 2022

If you entered your marriage in good faith and not for the purpose of getting immigration benefit (which USCIS assesses before granting you the green card), your green card card is legitimate. Any threats with purpose of having you being removed is not founded. In addition, by filing a petition on... Read more »

3 Answers | Asked in Immigration Law for Virginia on
Q: I got my green card through my mom who got her citizenship this year. I have already spent 4 years in the USA.

I arrived in the USA in June 2018. I applied for my green card in September 2020. Until now I did not receive my green card. Since I already spent 4 Years in Usa and my mom is a US citizen, do you think that I'm eligible to fill out a citizenship application?

Yohan Zingile
Yohan Zingile
answered on Jun 30, 2022

If your mother became a U.S. citizen, you acquire U.S. citizenship if you are a permanent resident living in the U.S. in the legal and physical custody of your mother and are under 18 years old. If you are 18 year of age or older you cannot derive citizenship through your mother.

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1 Answer | Asked in Immigration Law for New York on
Q: I need to bring my boyfriend from the dominican Republic to get married in the USA what I need to do thank you God bless
Yohan Zingile
Yohan Zingile
answered on Jun 30, 2022

You can file a fiancé visa to bring your boyfriend to the U.S. Upon arrival in this visa category, you will need to marry within 90 days. Then, he will need to adjust status in the U.S. This is a two step process. I suggest to seek the assistance of an experienced immigration lawyer.

1 Answer | Asked in Immigration Law for Florida on
Q: I am a Kosovam citizen currently on a work and travel visa for 4months. Can I convert my visa to a student visa?
Yohan Zingile
Yohan Zingile
answered on Jun 28, 2022

You can change status to student visa. You need to meet the requirements to get a F-1 visa, get accepted into a school that is certified by the Student and Exchange Visitor Information System and authorized to issue to received for international students. We need to assess your situation in details... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Hello I’m Joy, I’m visiting my family in California, I have a tourism visa. Can I get a sponsorship visa to be legal?

What is the best way to change my tourism visa to be legal so I can work? My parents have a green card.

Yohan Zingile
Yohan Zingile
answered on Jun 28, 2022

There are many different type of temporary (nonimmigrant) and permanent (immigrant) visas. You can get a visa through employment, family or other avenue. There are not enough facts to know what you qualify for at this time. Your situation needs to be assessed to see what would be your visa... Read more »

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1 Answer | Asked in Immigration Law for Maryland on
Q: Do I have to return home to complete F-1 visa application?

I've been in the US on vacation with aB-1 visa for 2.5 months now and with encouragement of my sis decides to study for my masters degree. Do I have to return to my home country or can I complete the process while remaining in the states?

Yohan Zingile
Yohan Zingile
answered on Jun 28, 2022

You can change your status from from B-1 to F-1 status without having to leave the US. You will need to get acceptance into a University or College. If you change status while being in the US and decide to leave the US at some point (for instance visit your family), to come back to the US you will... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I am in a pending status for I-485 , through approved I-140, can I keep using Insurance that was provided by the school?

When I was in f-1 status my school provided insurance info for students. So I used it when needed. Now I am waiting for the EAD and after tat green card, can it affect it somehow?

Yohan Zingile
Yohan Zingile
answered on Jun 21, 2022

When you state that you use it do you mean that you enrolled in the school insurance plan for international students? In any case using your school insurance plan would not affect your eligibility for green card or EAD.

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