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Questions Answered by Laurel Deborah Scott
1 Answer | Asked in Immigration Law for California on
Q: My now ex-husband obtained his green card by marriage.....paperwork question

We married in 1997 and were married for over 10 years and have been divorced for 11 years, how long should I or do I have to keep the mountain of paperwork we received throughout the green card process? He now lives out of state but I still have all of the paperwork, can I shred it? Or should he... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Jan 7, 2020

The government has a copy in what's call an "alien file". If your husband ever needs a copy, he can request it from the government through a FOIA request (Freedom of Information Act). If the file was for you, I would tell you to hang on to it. But since it's for your ex, you can either give it... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: As a LPR who lived outside of the US for 10 years but moved back 3 months ago, am I at risk of green card abandonment?

- My situation: French green card holder (since the age of 8) who wants to file for spousal green card for fiancé/ future husband

- My fiancé’s situation: French on a J1

- My issues

-- I spent the last ~10 years out of the US, with brief travels back to the US every 6... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Jan 7, 2020

If they let you back in the US, you should be fine as long as you don't depart again for a while. And by "a while", I would recommend you not depart for AT LEAST a year, if not longer. In order for them to revoke your permanent residence WHILE YOU ARE IN THE US, they have to take you to... Read more »

1 Answer | Asked in Immigration Law and Domestic Violence on
Q: Question about conviction in another country

My name is Vitor

I’m from Brazil and I came to Australia to study for a 2 years period. In this time I end up meeting and dating someone who I had a hard relationship and after a discussion we had some change of kicks and some neighbours called the cops at the end I got two convictions... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Jan 7, 2020

194 countries use the Interpol database that will tell them about convictions in any country that reports to Interpol. It is normal and common for immigration officers in those 194 countries to run your name through the Interpol system when you pass through the immigration post at the airport.

5 Answers | Asked in Immigration Law for Georgia on
Q: My mother is an Immigrant for 20+years and I want to know if there is anything she can do to become legal.

Hi, Ive had this question for a long time. My mother is a Mexican immigrant . She came here over 20 years ago and had me. My father is legal but they didnt work out. My mom has been dating someone else for the longest time now, around 6 years and Im curious to know if she can get married, if she... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Jan 2, 2020

If she entered with a visitor's visa or border crossing card or some other type of valid status, then she can adjust status through you when she turns 21. Otherwise, even if you were to petitioner for her (when you turn 21), she's going to need a waiver for unlawful presence and you're not a... Read more »

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3 Answers | Asked in Immigration Law for Connecticut on
Q: Defensive asylum in removal and individual hearing Is coming in 6 months . Married to us citizen and filed I-130?

I’m in removal procedures and filed defensive asylum . I married to us citizen and filed I-130 two months ago , my individual hearings are coming ? What are my options? I filed I-130 with solid paperwork package. Does uscis Always wants to interview I-130 or they can approve the Application based... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Jan 2, 2020

Because your I-130 was filed after you were in removal proceedings, there is a presumption of fraud in the marriage that you will have to overcome. You will get a Stokes interview, which is a longer, more in-depth interview than most people doing I-130s. If your I-130 is approved, it is not clear... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Is using the Federal subsidy Advance Premium Tax Credit to help with insurance cost be considered being a public charge?

Will using the Federal subsidy Advance Premium Tax Credit to help with my family's health insurance affect my future path to citizenship due to the new rules set by the president in regards to public charge (government aid)?

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

No.

1 Answer | Asked in Immigration Law for Arizona on
Q: Naturalization form asks if spouse is working, would affirming he works affect his immigration case?

How can I answer this question so it does not affect our immigration cases? I don't want him to to be persecuted; he is currently in process for becoming a resident, and is just waiting for his priority date.

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

Well, the facts are the facts. If you are asking whether you should like on your N-400, my answer obviously is "no". Don't like on your N-400. If you are asking whether he has adverse facts in his case, then "yes", he probably does. How adverse that information is depends on some other things.... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Found out EAD OPT card has wrong alien number while filling my Adjustment of Status by marriage. HELP??

Hi. I am an f1 at the end of the opt period with an EAD. I just married a US citizen and I am making the adjustment of status package when I realised that the EAD card somehow has my living mother alien number assigned instead of a new one. How do I go about correcting this while still applying for... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

I have several cases a year with alien number mix-ups. It causes a delay, but it gets resolved. I usually mention the problem on the cover letter. Don't stress too much about it.

1 Answer | Asked in Immigration Law on
Q: Will be a problem at the visa interview if my salary stated in DS 160 "Present Work/Employer" section is much lower ?

Will be a problem at the visa interview if my salary stated in DS 160 "Present Work/Employer" section is much lower compare to my estimate annual income stated in my petition? The reason is that I have other employers and temporary work which included in my O1 petition. I am from Japan, considering... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

You just need to be sure everything is explained during the interview.

1 Answer | Asked in Immigration Law, Real Estate Law, Business Law and Gov & Administrative Law for Texas on
Q: Hi, I've been deported twice from the U.S , I was under age both times.. (Check more information plz)

Hi, I've been deported twice from the U.S , I was under age both times, because I went with my parents. Let's say I start a company, and it goes very well... I mean multi-billionaire company, and I want to open a subsidiary company there, is there a chance for the immigration to approve it?

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

Not enough information. If the most recent entry was after April 1, 1997, then you may be subject to INA 212(a)(9)(C). If the most recent entry was before April 1, 1997, then you aren't subject to that section. Also, if the second entry was with inspection, you might not be subject to 9C. I... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: My mother in law's green card was forfeited back to USCIS by family member. If my wife and I start a new sponsorship

would she be allowed a work permit while the sponsorship is processing? We filed an appeal on the forfeiture and sent in tax returns and paperwork showing she never left. Unfortunately MIL didn't want to file paperwork for a stolen green card with the police since it was her daughter. We haven't... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

There's not really a process for abandoning permanent residence while in the US. Usually people abandon permanent residence from outside the US. I'm thinking MIL is still an LPR and what you need to file is an I-90 to get the green card replaced. But maybe there's more going on than is revealed... Read more »

1 Answer | Asked in Immigration Law on
Q: Entering the US without filling CBP Customs Declaration Form 6059B ?

Hello

When I was entering the US in the previous years I was filling in CBP Customs Declaration Form 6059B (blue one) when I was still on the plane, and then I was always asked to present it to one of the officers at the airport during my entry process.

However on my last trip they... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

It's a nonissue. Don't worry about it.

2 Answers | Asked in Immigration Law on
Q: Am I eligible for a lawyer if threatened to be sent back after entering US border customs?

I have been threatened before (although I did not break any laws and stayed within my ESTA rules, they did let me stay in the end) and I would like to know if I can ask for a lawyer if I get asked to leave the US in the future.

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

No, you are not entitled to representation at the airport even at your own expense. Sometimes CBP will entertain a phone call from an attorney, but it is entirely at CBP's pleasure.

Usually when CBP is threatening to deny entry to someone coming in on the Visa Waiver Program (note: ESTA is...
Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: Hello, I am about to submit form N-600 for Citizenship Certificate. I called USCIS and they said I qualify, can I trust?

One parent was naturalized citizen before I turned 18. I am now 45 years old. Thank you

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

The USCIS customer service representatives get things wrong all the time. Having said that, just based on what you've said, I think you may qualify and there's nothing to lose by filing except the filing fee. If you're worried about the filing fee, then pay an attorney for a proper consultation.... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: I am a legal resident in the USA as a student my daughter is US Citizen as she was born here, due to her urgent medical

due to her medical emergency she was admitted in hospital and we had to apply medicaid . Our question is will she taking medicaid effect our green card process as we never took medicaid only her being US citizen. ? ?

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

No. As long as you truthfully answered questions about your income on her Medicaid application, you should be fine. Public benefits received by US citizen family members is not part of the public charge analysis for the intending immigrant or nonimmigrant. It's only if the foreign national lied... Read more »

2 Answers | Asked in Immigration Law for Michigan on
Q: US citizen wanting to get his father to Michigan from Iraq

I am a US citizen who wants to bring my father to live here with me from Iraq. He owes child support to my mother who lived in the US but has passed away. He can pay any money he’s due he just doesn’t know where to pay. What is the best coarse of action to be able to get him to the United... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

So your father is in Iraq and your mother lived in the US, but has died. You're a US citizen. And your father owed child support to your mother? And you are asking US attorneys how he can pay child support, which suggests it was a US court that awarded the support. With that fact pattern, I... Read more »

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3 Answers | Asked in Immigration Law for Nevada on
Q: I'm filling out an I-129F but my fiancé doesn't know where and when his father was born. Should I just put "unknown?"

I'm trying to get my fiancé a k-1 visa.

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

I get this question a lot from my clients. My answer is normally, "If your father is alive and you are not completely estranged, then pick up the phone and ask him." The immigration process is full of tedious questions about birth dates, place of birth, addresses, employment dates, etc. It does... Read more »

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3 Answers | Asked in Immigration Law for New York on
Q: Immigration Visa for Daughter Deported for Violating Student Visa

I am a US citizen (naturalized) but my daughter is not. She was in the US studying on a student visa. While on her student visa she went to Canada for a part time job and was denied entry back into the US for violating the condition of her visa. She was deported back to South America with a 5 year... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

The fact that you are saying she has a five year ban strongly suggests that she was put through an expedited removal and was given paperwork saying she had a five year ban. If she was merely denied entry, you would be saying she was deported, with no mention of a five-year ban. So at the very... Read more »

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