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Questions Answered by Adan Vega
2 Answers | Asked in Immigration Law for California on
Q: I filed for marriage based green card in December - should I file the I-944, bring it to the interview or not at all?
Adan Vega
Adan Vega answered on Mar 31, 2020

The FORM I-944 is required for all applications for adjustment of status filed after February 24, 2020. If you filed the FORM I-485 prior to that date , the FORM I-944 is not required.

If you wish to prepare and file the FORM I-944 in your case you are submitting a form with USCIS that is...
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2 Answers | Asked in Immigration Law for Michigan on
Q: If an immigrant became an American citizen by fooling INS about a marriage, can they get the citizenship revoked if

Reported by the wife it was fake

Adan Vega
Adan Vega answered on Mar 31, 2020

If DHS discovers that the issuance of a permanent resident status and U.S. citizenship was procured as a result of a willful misrepresentation or concealment of a material fact amounting to fraud then the U.S. citizenship can be revoked through a process called denaturalization. The former citizen... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: What does USCIS mean by "your benefit request has been accepted and is under review"?

I filled online a case of I-130 for my wife on November 2019. She is Cuba and I'm a Permanent Resident in Florida.

My case is processing on California.

On 11/07/2019 I received two letters.

- One of them is the 797-C where USCIS let me know they received my case with the... Read more »

Adan Vega
Adan Vega answered on Mar 31, 2020

The message that you are viewing online indicates that USCIS has accepted your FORM I-130 for processing and will now be adjudicated by an adjudication officer.

1 Answer | Asked in Immigration Law for Florida on
Q: They send my package back cause one of the form wasn’t updated but they also send back my medical exam open by them

Can i send back the new package with that medical exam open?

Adan Vega
Adan Vega answered on Mar 31, 2020

You should visit the physician who issued the medical examination and ask for that physician to re-issue the medical examination in a sealed envelope.

2 Answers | Asked in Immigration Law for New Jersey on
Q: Can an L2 visa holder change status to stay in America even if the L1 holder leaves the country and they get divorced?

Hi! I’m an L2 visa holder. I have an EAD and I’m currently working. My spouse, the L1 visa holder, is about to finish their year of work in America and is returning to the home country soon. I want to stay in America since we’ve decided to get divorced. What are my options to remain in the US... Read more »

Adan Vega
Adan Vega answered on Mar 31, 2020

If your spouse with the L-1 status departs the U.S. and is no longer to be employed in the U.S. then your L-2 status is in jeopardy.

If you divorce then you will no longer hold the L-2 status.

You should visit with an experienced immigration attorney to assist you in exploring your...
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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can a private school terminate a students SEVIS for nonpayment.

Can a private school terminate a students SEVIS for nonpayment. A friend of mine who's an international student (F-1) has been having financial issues due to coronavirus, he asked for more time to make the last payment but the school has been threatening him that they would not let him join their... Read more »

Adan Vega
Adan Vega answered on Mar 28, 2020

You can access Studyinthestates.dhs.gov to view all of the reasons that can be used to terminate your registration with SEVIS.

You will note that school suspension is one of the reasons that can be used.

Good luck to you.

1 Answer | Asked in Immigration Law for New Jersey on
Q: What options I have to file H1B extension based on I-140 approval?

I will be completing 6 years of my H1B visa by 30Sep2020. And have approved I-140 received in March-2020. I understand that I can now file for 3 year extension of H1B based on I-140 approval.

I am currently located in India on vacation, but may not go back to the US due to the Coronavirus... Read more »

Adan Vega
Adan Vega answered on Mar 28, 2020

Your employer (and not you) can file the FORM I-129H prior to September 30, 2020 to request the extension of the H-1B. If you are abroad at the time that the request for the extension is filed and approved by USCIS, you will have to visit the appropriate U. S. Consulate to apply for the H-1B visa.

1 Answer | Asked in Immigration Law for Texas on
Q: I 485 pending. Can I continue to work after OPT expires
Adan Vega
Adan Vega answered on Mar 28, 2020

You can lawfully continue with your employment once you are in possession of a valid employment authorization document (EAD) issued by USCIS based on a pending application for resident status.

Your current employer will ask that you present a valid EAD once the OPT/EAD expires.

2 Answers | Asked in Immigration Law for New York on
Q: Pending asylum, travel outside the country - emergency!

I have an question from New York City. I am waiting for an asylum interview almost one year. So Far Was not schedule. it It is for one year already. I came with an F1 visa. I requested asylum when my visa was still okay. I want to go to Mexico, because of the CoronaVirus, I have the option to be... Read more »

Adan Vega
Adan Vega answered on Mar 28, 2020

If you had not applied for asylum and you had possession of a valid F-1 visa then you could possibly travel to Mexico and return to the U.S.

However, your application for asylum has placed you in a predicament and you should not be traveling abroad unless you have no intention of returning...
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1 Answer | Asked in Immigration Law and Tax Law for California on
Q: If I claim my retired mother on my taxes, will it affect her citizen application? I pay more than 50% of her expenses.
Adan Vega
Adan Vega answered on Mar 26, 2020

If you have named your resident mother as a dependent in your federal tax return, she is not disqualified and barred from applying for naturalization.

Good luck to you.

1 Answer | Asked in Immigration Law for Florida on
Q: My asylum case is still pending, and I'm applying to a university, but they ask what my visa type is.
Adan Vega
Adan Vega answered on Mar 26, 2020

You are considered an applicant for asylum. However, if you entered the U.S. lawfully and you have maintained lawful non- immigrant status then you should indicate that status in your university application.

Good luck to you.

1 Answer | Asked in Immigration Law on
Q: Can I send my form I-601 to the Mexican consulate or do I have to send it to Nebraska service center? I’m Current in MX
Adan Vega
Adan Vega answered on Mar 25, 2020

You need to read Page 8 of the I-601 instructions which states : “ If you are outside the United States, you must submit Form I-601 to the U.S. Embassy or consulate where you are applying for a visa.”

1 Answer | Asked in Immigration Law for California on
Q: I am a US citizen and immigrated as a child in the 90s. My Colombian documents have 2 last names and my US docs have 1.

In Latin America, people generally have two last names in legal documents. One from the mother and one from the father. When coming to the US as a child, where people have one last name, my second last name 'dropped' and all my US documents have only the first last name. I was a kid and certainly... Read more »

Adan Vega
Adan Vega answered on Mar 25, 2020

You need to track your legal name from the issuance of your birth certificate to the time that you obtained your naturalization certificate. You may have changed your name at the time of naturalization by excluding one of your surnames. That is the evidence that you can present to USCIS.... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Hello, this is my situation I have a green card, I was wondering what do I have to do in order to get my son one?

My son is 16 years old, and he’s in the United States he entered with a tourist visa and he didn’t go back, what do I have to do in order to get him a green card?

Adan Vega
Adan Vega answered on Mar 25, 2020

As a resident you can file the FORM I-130 on behalf of your son if he is unmarried. He will not be able to adjust status with USCIS if he is no longer in lawful status. However, if you obtain U.S. citizenship he can adjust status prior to reaching the age of 21.

1 Answer | Asked in Immigration Law for New Jersey on
Q: once i get my green card i will be able to travel to mexico and re-enter with no issues???

i been under u visa for almost 4 years and i am in time to apply for green card, but i will like to know if once i get my green card i will be able to travel to mexico and re enter to usa with no issues? if i ever go to mexico its only for 2 or 3 weeks. i been in usa for 11 years now and i been... Read more »

Adan Vega
Adan Vega answered on Mar 25, 2020

Once you obtain your permanent resident status you can travel abroad and you can be allowed to return to the U.S. if you are not inadmissible based on your past activities. You can consult with an experienced immigration attorney to assess your case prior to traveling abroad.

Good luck to...
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2 Answers | Asked in Immigration Law for Nevada on
Q: I got a request for roe for i485. They’re requesting my tax return can I send an amended return with that?

I filed single cause I didn’t know you could file married but filing separately. I’m going to send an amended return along with the transcript. Would that be an issue?

Adan Vega
Adan Vega answered on Mar 25, 2020

You will need to amend the federal tax return if you filed as “ single” when you are in fact “ married”. Filing the tax return with an incorrect marital status can be considered tax fraud.

Once you amend the tax return you can then present the document to USCIS.

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4 Answers | Asked in Divorce and Immigration Law for New Jersey on
Q: what would someone need to get to the US

if the guy i was arranged to marry tries to use our verbal marriage certification, would it work?

Adan Vega
Adan Vega answered on Mar 25, 2020

You can visit travel.state.gov and and search in the “U.S. Visa: Reciprocity and Civil Documents by Country” for the marriage document that is acceptable by the U.S. consulate or USCIS.

Good luck to you.

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2 Answers | Asked in Immigration Law for California on
Q: I, an u.s. citizen brought my mom with "visitor for pleasure" visa will expire on 05/07.

My mom is 90 years old. Can i go to U.S. Citizenship and Immigration Services (USCIS) website to apply for extension for her due to current travel restriction? Thanks

Adan Vega
Adan Vega answered on Mar 25, 2020

If your mother is unable to travel prior to expiration of the B-1/B-2 status then she can file the FORM I-539 with USCIS while she is still in valid status.

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1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: Getting unemployment benefits affect on citizenship??

I live in Houston and I work at the mall as a salesman. Because of the coronavirus, mall got closed and our store was closed too. And I don't know when mall will be reopen, therefore I applied for unemployment benefits. So, I want to know these Benefit does it affect on my Citizenship? ( I have... Read more »

Adan Vega
Adan Vega answered on Mar 22, 2020

The receipt of public assistance such as unemployment benefits is not an automatic bar to naturalization if you have not engaged in unlawful behavior including committing fraud. However, USCIS may view the receipt of benefits as a factor regarding your “good moral character “. You may want to... Read more »

3 Answers | Asked in Immigration Law for California on
Q: My mom is a Taiwanese. I brought her to the U.S. last November after my father passed away. Her visa will expire soon.

Could her visa get extended due to Coronavirus situation we're facing now? (she is 90 years old.)

Thanks,

gina

Adan Vega
Adan Vega answered on Mar 22, 2020

Your mother may be able to file a request with USCIS to extend her visitor status based on the current flight restrictions. She also may be able to request resident status depending on your status ( U.S. citizen).

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