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Questions Answered by Adan Vega
3 Answers | Asked in Immigration Law for North Carolina on
Q: can i apply for us citizenship with my expired passport
Adan Vega
Adan Vega answered on Jan 9, 2021

You do not need to be in possession of a valid passport to be eligible for naturalization. You will need to comply with all other requirements to file the FORM N-400 with USCIS.

Good luck to you.

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: I got divorced in the state of Wisconsin in October 2020. I have a fiance currently residing abroad and planning of. . .

bringing him here in the USA. In Wisconsin, you can't marry again not until after 6 months from the date of divorce. My question is can I file my I-129F Petition for Alien Fiance now of do I have to wait after six months to file the petition?

Adan Vega
Adan Vega answered on Dec 24, 2020

One of the requirements of the FORM I-129F is that you must be unmarried at the time of filing of the petition with USCIS. You will not be required to marry your fiancé until the K-1 is issued by the U.S. consulate and your fiancé enters the U.S. which will not occur within the next 6 months.... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: My parents are green card holders can they sponsor me a daca recipient.

My parents are green card holders can they sponsor me a daca recipient. We entered the us legally back in 1992,and overstayed. However my parents are now legal residents. Ive kept my daca status since it was created and have never left the us.

Adan Vega
Adan Vega answered on Dec 20, 2020

One of your lawful permanent resident parents can file the FORM I-130 (relative petition) on your behalf if you are unmarried.

As a DACA recipient you are not accumulating unlawful presence upon the issuance of DACA by USCIS. Depending on the age you obtained DACA, you may not have...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: I am a naturalized US citizen. My brother asked for asylum in the US. Can I petition him with the I-30 while his pending
Adan Vega
Adan Vega answered on Dec 10, 2020

As a U.S. citizen, you can file the relative petition , FORM I-130, on behalf of your brother. The request for asylum by your brother is not an impediment to the FORM I-130.

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5 Answers | Asked in Immigration Law for New Mexico on
Q: Our church Pastor and his wife have been here over 30 year but do not have legal status. Can the church sponsor them

They do have 2 adult children born here too. He has been the pastor for 24 years

Adan Vega
Adan Vega answered on Dec 10, 2020

If the pastor entered the U.S. lawfully and if one of his adult U.S. children is at least 21 years, then the pastor can file for adjustment of status with USCIS.

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1 Answer | Asked in Immigration Law for New York on
Q: I want to file the I130 but I have over stayed my time already would that be a problem? What all do I need to submit?
Adan Vega
Adan Vega answered on Dec 7, 2020

Certain relatives who are either U.S. citizens or residents can file the FORM I-130 on your behalf. You can not self petition.

The type of support documentation that is required to file the FORM I-130 depends on the type of petitioner. Who is your petitioner?

You can read the...
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2 Answers | Asked in Immigration Law for Nevada on
Q: Can I petition someone as fiance if they still married in another country?

I’m trying to get my fiance in the US. She tried tourist visa so many times but keep getting denied. She still married to her Previous husband. She applied for Annulment waited for 2 years and still get denied. We don’t know what other options we can do. We been together for 6 years now. All I... Read more »

Adan Vega
Adan Vega answered on Nov 28, 2020

The FORM I-129F can not be filed on behalf of your fiancée if she is legally married to another person.

A lawful marriage in the Philippines will be recognized in the U.S. Hence your fiancée must first divorce before you can file the FORM I-129F.

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1 Answer | Asked in Immigration Law for Alabama on
Q: Hi I am currently on a U3 Visa dependent on a child of the U-1 visa . I travelled abroad how can I return

I am a current dependent of a u1 visa so I currently hold a U3 visa. I travelled abroad by myself and was wondering about re-entry into the U.S. My visa does state I am allowed to re-enter however it says that I would need to apply for a u-visa at an us embassy or obtain a waiver. I was wondering... Read more »

Adan Vega
Adan Vega answered on Nov 22, 2020

You will need to apply for the U-3 at the U.S. consulate in your home country. You should contact the U.S. consulate near your home to obtain instructions as to the local procedures and timeline for visa issuance. You may be required to file a waiver depending on your immigration background /... Read more »

3 Answers | Asked in Immigration Law for Texas on
Q: Can my 18 year old daughter file together with me?

My son is filing a petition for change of status for me. Can my 18 year old daughter who came with me on visa waiver be filed at the same time?. If she waits for mine to get through she would’ve been out of status.

If not what’re the options open to her.

Adan Vega
Adan Vega answered on Nov 20, 2020

If your son is a U.S. citizen and at least 21 years of age, he can file the FORM I-130 relative petition on your behalf. Depending on the date of your entry with the visa waiver (ESTA) , you may be able to proceed to file for adjustment of status with USCIS.

Your 18 year old daughter can...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can my 20 year old son petition for me before his 21st birthday. He'll be 21 on 1/17/2021. Can we begin the application?
Adan Vega
Adan Vega answered on Oct 30, 2020

Your son can file the FORM I-130 with USCIS on your behalf ( as his parent) if he is a U.S. citizen and he is 21 years of age or older.

1 Answer | Asked in Immigration Law for New York on
Q: Can me and my partner as LGBT persons apply and be represented for asylum in Florida.We entered USA few days ago in NYC

My name is Veljko, I am a 44 years old and HIV positive male originally from Serbia. I have been in a domestic partnership for four years with my fiance Sasha, since we don't have an option to legalize our relationship in our home country.

Back in 2004 I was persecuted for the first... Read more »

Adan Vega
Adan Vega answered on Oct 27, 2020

If you are seeking protection in the U.S. because you have suffered persecution or you fear that you will suffer persecution due to: race, religion, nationality, membership in a particular social group, or political opinion you may seek political asylum in the U.S. after you have entered the U.S.... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I am an Alien who is married to US Citizen can I apply for SSN and work permit or I have to wait for interview first?

how long does it take to obtain SSN ?

Adan Vega
Adan Vega answered on Oct 16, 2020

You will be able to apply and obtain a social security number after you acquire a employment authorization document (EAD) from USCIS.

In your case, you can apply for the EAD if you have entered the U. S. lawfully and you submit the appropriate applications and petitions with USCIS to...
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3 Answers | Asked in Immigration Law on
Q: Is it worth attempting a GC renewal? GC expired in 2016 after 10 years.

Had to travel outside US for 12+ years working in UK & India with various companies. Had done 2 re-entry permits initially but finally gave up as it was expensive travelling back in US for application & biometrics, each time. Now, I am back in US on L1 with my company for 1.5 years, on work... Read more »

Adan Vega
Adan Vega answered on Oct 16, 2020

You seem to have spent an inordinate period of time abroad as a U.S. resident and you also seem to have abandoned your resident status for that reason. Moreover, you are now in a non- immigrant status which also seems to confirm that fact.

An experienced immigration attorney can provide...
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3 Answers | Asked in Immigration Law for New Hampshire on
Q: What does it mean "Your benefit request has been accepted and is under review." I have filed for my spouse on Sept2019
Adan Vega
Adan Vega answered on Oct 7, 2020

The notice that you have received indicates that the application or petition has been received for processing and will be adjudicated. You will receive a request for additional evidence, a notice of intent to deny, an approval, or a denial.

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1 Answer | Asked in Immigration Law for Texas on
Q: Fui victima de un tiroteo a mi casa calificado como deadly conduct califico para visa u dispararon como 20 tiros
Adan Vega
Adan Vega answered on Oct 3, 2020

You should obtain the police report that will provide all the details of the incident. That is the document that you will need to request “certification” of the incident from the police department. Once you have the “certification” you can then apply for the U visa.

A experienced...
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1 Answer | Asked in Immigration Law for Texas on
Q: Deadly conduct califica para visau
Adan Vega
Adan Vega answered on Oct 3, 2020

If you are a victim of “ deadly conduct” you may qualify for the U visa.

You did not post additional details and it is not possible to say whether you will be successful in obtaining the U visa.

I recommend that you visit with an experienced immigration attorney to assist you...
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1 Answer | Asked in Immigration Law for New York on
Q: I've approved i140 from my previous employer and my current employer is still in the PERM process...can I file i485 now

if I want to file i485 using my previous employer then what form is needed from them to file my i485 now ?

Adan Vega
Adan Vega answered on Sep 30, 2020

You will need to contact the prior petitioning employer and ask if the job position stated in the FORM I-140 is still available to you and whether that prior employer is willing to re-hire you. You also must be willing to return to render the appropriate services with that prior employer. Once you... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I am a dependent in an asylum pending case. I fall in the C8 category.For my initial EAD, do I need to pay the fees?

Talking about the filing fees, because I do see there is an exception for the category C8 that the fee is not requested.

Adan Vega
Adan Vega answered on Sep 30, 2020

USCIS is instructing the following:

You must also pay the filing fee of $410 and an $85 biometric services fee, for a total of $495, if you are filing with one of the following eligibility categories: 

• (c)(8) Applicants with pending asylum applications requesting initial and renewal EADs;

1 Answer | Asked in Immigration Law for California on
Q: Planning to apply E2 and I am from Srilanka

If I process my E2 while I am in USA I know if I exit the country you will have to go to respective county USA embassy to get the visa again.will this rule apply for dependent as well or they can enter USA freely

Adan Vega
Adan Vega answered on Sep 27, 2020

As a citizen of Sri Lanka you can apply for the E-2 visa with USCIS if you are in lawful status and you can fulfill all of the requirements for a qualified investment in the U.S.

With certain exceptions, if you depart the U.S. you must visit the U.S. consulate in your home country to apply...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Should I apply for EAD/Advance Parole with I485?

MY PD became current in October Visa bulletin. I am planning to apply for I485.

I have h1 visa valid till Dec 12, 2020, but h1 petition is valid till 2023. I will go for visa stamping as I will be continuing my work in H1 until I get GC. Will applying i485 will impact my H1 stamping?... Read more »

Adan Vega
Adan Vega answered on Sep 27, 2020

The H-1B visa is a “dual intent” visa that allows you to express an intent to immigrate without jeopardizing the issuance of the non- immigrant H-1B visa.

As to the EAD and the advance parole document, you can request those documents from USCIS at the time you apply for adjustment of...
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