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Questions Answered by Adan Vega
3 Answers | Asked in Immigration Law for Texas on
Q: Do we have to wait after our marriage to file for a marriage based green card

We got married about 3 weeks ago after me being here for 8 months as a student. Is there a waiting period before filing?

Adan Vega
Adan Vega answered on Sep 9, 2021

As a U.S. citizen or resident you can file the FORM I-130/I-130A with USCIS once you marry a foreign national.

If you are a U.S. citizen and your spouse entered the U.S. lawfully, then the FORM I-485 can be filed concurrently with the FORM I-130, relative petition.

There is no...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: My parents just migrated to US and have a green card; can they sponsor my brother as well?

Hello,

I have sponsored my parents and my brother green card. My parents were able to get immigration visa and now in US with green card; however, my brother is not considered close relative, therefore, his visa can take up to 10 years; Question: can my parents sponsor him now as well as... Read more »

Adan Vega
Adan Vega answered on Jul 12, 2021

One of your permanent resident parents can file the FORM I-130 on behalf of your brother IF he is unmarried.

If that process is possible, your brother will be classified in a different category ( F2A or F2B) than the F4 and the issuance of the immigrant visa may occur at an earlier time.

1 Answer | Asked in Employment Law and Immigration Law on
Q: What is the success rate for persons applying under employment visa?

If the company applies for their employee. What would be the success rate?

Adan Vega
Adan Vega answered on Jul 5, 2021

The success rate that you are referencing in your posting depends on multiple factors :

• the employer’s ability to pay the prevailing wage

• the job duties and job requirements

• the availability of an American worker who is able, willing, and qualified for...
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1 Answer | Asked in Immigration Law on
Q: If I have a PR in Canada, can I apply for US PR?
Adan Vega
Adan Vega answered on Jul 4, 2021

Permanent resident status in Canada is not a prerequisite to acquiring resident status in the U.S. You will need to explore your eligibility for a (1) non -immigrant status or (2) an immigrant status based on a family petition or employment petition.

An experienced immigration attorney can...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: I am separated from my US CITIZEN husband and applied for conditional green card renewal without him

Do i need affidavit of support

Adan Vega
Adan Vega answered on Jul 4, 2021

An affidavit of support is not required when you file the FORM I -751 to change your conditional status to permanent resident status. However, you will need to submit evidence of your marriage to your U.S. citizen husband.

1 Answer | Asked in Employment Law and Immigration Law on
Q: I want to apply to work in the US at a company and hopefully lead to having a permanent resident. What is the process?

I have a work permit in Canada. Can I exchange it for a US?

Adan Vega
Adan Vega answered on Jul 4, 2021

First, you will need to obtain a job offer with a company doing business in the U.S. Second, the prospective employer must also be willing to assist you with the process of obtaining the appropriate visa to be lawfully employed in the U.S.

Please note that the Canadian visa is not...
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1 Answer | Asked in Immigration Law for Texas on
Q: Is 24 weeks & counting normal for biometrics in Houston Texas for AOS for immediate relatives of US citizen?.
Adan Vega
Adan Vega answered on Jul 2, 2021

The short answer is no.

You need to contact USCIS and follow up.

Good luck to you.

1 Answer | Asked in Immigration Law for California on
Q: When will I get my US citizenship?

If I marry a green card holder (who just got her employment based green card), assuming everything goes well, will I get my US citizenship along with her 5 yrs from now? OR in 5+3 = 8 yrs from now? Both of us are Indians. (I know there are plenty ifs and buts here, but assume there are no hiccups).

Adan Vega
Adan Vega answered on Jun 27, 2021

You are presenting a scenario that requires numerous suppositions.

IF you marry and IF you are in status and IF the visa is available (see the visa bulletin) you can apply for adjustment of status.

IF you remain married to your resident spouse and IF you are not deportable and IF...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: was born in canada and have canadian pasport. bin in the us since i was 5 and have a green card perminent resident. also

bin married for over 30 years to my wife who is a born in the us and an american citizen. do i have to take a citizenship test ?

Adan Vega
Adan Vega answered on Jun 9, 2021

The information that you have posted indicates that you appear to be a permanent resident

and not a U.S. citizen.

You will need to file the FORM N-400 with USCIS if you wish to obtain U.S. citizenship. The FORM N-400 will provide you with information regarding eligibility for...
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2 Answers | Asked in Immigration Law for Connecticut on
Q: Hello, Thank you for your time :)

my father lives in Greece, is Georgian citizen. I am applying I-130 for him, how should I answer the question Was the beneficiary EVER in immigration proceedings? as he has never been in states, but he has been an lawful residence in Greece . And never had any issues with immigration in Greece .... Read more »

Adan Vega
Adan Vega answered on Jun 1, 2021

The questions in #53 and #54 in Part 4 of the

FORM I-130 are inquiring about proceedings in the U.S.

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2 Answers | Asked in Immigration Law for Illinois on
Q: Soy ciudadana americana.. me fui a Guatemala y me casé, tengo un hijo de 5 años y me los quiero traer legalmente a Usa

Como le puedo hacer para traérmelos legalmente a Usa? A mi mamá la deportaron hace 10 años, ya cumplió su perdon de 10 años y quisiera pedirla también.. que tengo que hacer para traerme a los 3 legalmente a Estados Unidos? A mi esposo e hijo y a mi mamá.. por favor alguien que me ayude!!

Adan Vega
Adan Vega answered on May 31, 2021

Usted tiene 3 casos diferentes. Desafortunadamente no está dando suficiente información. Por ejemplo, si usted era ciudadana americana cuando nació su hijo, posiblemente el también lo es. Le recomiendo hablar con un abogado de inmigración para poder hacer un análisis mucho más profundo en... Read more »

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2 Answers | Asked in Immigration Law on
Q: Hello. I would like to ask a question about the approval of an immigrant visa

I plan on filing a petition for my parents. However, I am afraid that it might get denied because of my work history. I haven't had a long term job for the past two years because I move from one job to another multiple times. Will USCIS consider my work history as a factor of approval?

Adan Vega
Adan Vega answered on May 23, 2021

As the petitioner of the FORM I-130 on behalf of each of your parents, you will have to submit the FORM I-864 and demonstrate your income. If your income is below the required threshold you will need a co- sponsor.

An experienced immigration attorney can assist you with planning the proper...
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3 Answers | Asked in Immigration Law for Ohio on
Q: My fiancee lives in Honduras. What do I have to do to get her and her daughter to America?
Adan Vega
Adan Vega answered on May 22, 2021

If you are a U.S. citizen you can file the FORM I-129F on behalf of your fiancée and her daughter. You can read the instructions to that form or visit with an experienced immigration attorney for guidance and assistance.

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2 Answers | Asked in Immigration Law for Texas on
Q: Married to USA Citizen for 6 years now, but we are living in Dubai,UAE. Can I still apply for Green Card?

My daughter is also an American Citizen, do i have to be in USA to obtain Green card or American Citizenship. I am Indian Passport holder.

Adan Vega
Adan Vega answered on May 18, 2021

Your U.S. citizen spouse can file the relative petition ( FORM I-130) with USCIS on your behalf. You , as the beneficiary, do not have to be present in the U.S. to commence the process.

An experienced immigration attorney can assist you with this process and help you to avoid any...
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2 Answers | Asked in Immigration Law for Texas on
Q: I have a conditional green card which will be expiring by 09/29/2021 please I when I can file I-175 with my US spouses
Adan Vega
Adan Vega answered on May 15, 2021

You can file the FORM I-751 within the 90 day period prior to expiration of the conditional status. In your case you will need to subtract 90 days from 09/29/21 to determine the earliest day you can file the FORM I-751 with USCIS.

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1 Answer | Asked in Immigration Law for California on
Q: Hi,my conditional residence is in process. I got a receipt & it’s says I’ve an 18 moths extension.Can I travel Interna

Would I have any-problem traveling internationally on my way back ?

Since I don’t have the actual green card ... or do I need a special permit?

Thank you,

Lucero

Adan Vega
Adan Vega answered on May 13, 2021

If you filed the FORM I-751 and you have been issued a receipt for such filing by USCIS, you can travel abroad while in possession of (a) the expired conditional resident card and (b) the receipt of the filed FORM I-751provided that you are not inadmissible.

CBP will allow you admission...
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1 Answer | Asked in Immigration Law for Wyoming on
Q: On a H2B visa from south africa, can i eccept a permanent potition if offered one.

Must i marry my gf from my home country before applying for greencard? Who can i get into contact with?

Adan Vega
Adan Vega answered on May 9, 2021

You should visit with an experienced immigration attorney to assist you in exploring options for you. The attorney can assess if you are able to change status. The timing of your marriage can also be discussed including a permanent job offer.

2 Answers | Asked in Adoption and Immigration Law for Colorado on
Q: Filing immigrant petition for family member

I'm a green card holder and would like to file an immigrant petition for my sister's child who resides outside the USA. Please how do I go about it and is it possible for a green card holder to do that? Thank you all

Adan Vega
Adan Vega answered on May 9, 2021

As a U.S. resident you can file a relative petition (FORM I-130) on behalf of your spouse and unmarried children. Hence you can not file a relative petition on behalf of your sister’s child. You will have to find another option for your relative.

Best of luck to you.

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1 Answer | Asked in Appeals / Appellate Law and Immigration Law on
Q: Can I appeal if my CRBA is denied?

I came to the USA in 2014 and i got my citizenship in 2018. I had a baby out of wedlock in a foreign country 2019 and I applied for CRBA but the application was denied. The letter giving to me says that I didn't provide enough evidence that I have lived in the United States for 5 years before... Read more »

Adan Vega
Adan Vega answered on May 6, 2021

The federal statute requires that you present proof that you resided in the U.S. for 5 years (2 years after the age of 14) prior to the birth of your child (out of wedlock) in 2019. If you can not present such evidence then the CRBA will not be approved.

2 Answers | Asked in Immigration Law for California on
Q: I recently married a Romanian citizen in their country. To which authorities do I report it in the USA?
Adan Vega
Adan Vega answered on May 5, 2021

If you are a U.S. citizen or resident and you wish to file a relative petition on behalf of your spouse , you can file the FORM I-130 with DHS/USCIS. This will commence the process for your spouse to ultimately obtain the immigrant visa with the U.S. consulate.

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