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Questions Answered by Adan Vega
2 Answers | Asked in Immigration Law for Texas on
Q: My L1 Visa will expire in Oct My Wife works under the Visa Her work will provide her TN Can i stay under her TN?

I am also applying for EB1 Green Card in July and am from Canada

Will the loss of the L1 affect the EB1 Application

Will my wife transitioning to a TN affect the application?

Adan Vega
Adan Vega answered on Jul 14, 2020

Your spouse can proceed and obtain the TN if eligible for that change of status. You can then change to the TD but you will not be eligible to obtain employment authorization.

Both changes of status must be filed with USCIS prior to expiration of your current L status.

Your...
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2 Answers | Asked in Immigration Law for California on
Q: Considering to apply for naturalization in Jan 2021 as per my 4 years and 2 days continuous residency eligibility?

- I moved to US on Dec 29, 2016 but then went back to India on Jan 15, 2017 for 5 months 15 days as my grandmother expired and then came back on June 30, 2017 to US.

- After coming back I have stayed here and doing a job since August 1, 2017 and have all taxes filed without any gap and no... Read more »

Adan Vega
Adan Vega answered on Jul 8, 2020

If you were issued lawful permanent resident status on December 29, 2016, you can not apply for naturalization on January 2, 2021 unless you are eligible for an exemption of the 4 years and 9 months filing requirement.

I highly recommend that you visit with an experienced immigration...
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3 Answers | Asked in Immigration Law for Pennsylvania on
Q: she some1 apply for citizenship if married in 2000 was denied twice. 2009 got greencard through citizen daughter.

Should my mom apply for her citizenship.

After she was denied her greencard in 2000 but later received it through her child.

Adan Vega
Adan Vega answered on Jul 8, 2020

Your mother should obtain a copy of her prior filings with USCIS and visit with an experienced immigration attorney to properly assess her eligibility for naturalization.

Good luck to you.

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3 Answers | Asked in Immigration Law on
Q: International students now can be deported if school goes only online, is this still if married to an American?

Due to new regulation, international students would have to leave the country if colleges transfer to online only. I currently have a F1 visa and was wondering: would you need to leave the country as well if you're married to a US citizen?

Adan Vega
Adan Vega answered on Jul 7, 2020

If you entered the U.S. with the F-1 visa and you are now married to a U.S. citizen, you are in position to file for adjustment of status with USCIS. You should visit with an experienced immigration attorney for additional guidance.

Good luck to you.

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4 Answers | Asked in Immigration Law for North Carolina on
Q: Question for N-400 application

Hi, I'm unsure how to answer the following question: have I ever been in jail or prison?

I was previously arrested and released on bail a couple hours later. Based on this situation how should the question above be answered? Yes or No

Thank you in advance!

Adan Vega
Adan Vega answered on Jul 7, 2020

If you were arrested by the police and placed in a jail cell then you must respond to the question in the FORM N-400 with a "yes".

You will need to provide USCIS with a court disposition of the event.

Good luck to you.

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3 Answers | Asked in Immigration Law for Michigan on
Q: Hi,Is it compulsory to submit I-944 with I-485.
Adan Vega
Adan Vega answered on Jul 7, 2020

If you are applying for adjustment of status to that of a lawful permanent resident, you must file the FORM I-944 unless you are exempt from the public charge ground of inadmissibility. The following are exempt:

1. As a VAWA self-petitioner;

2. As a Special Immigrant Juvenile;...
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3 Answers | Asked in Immigration Law on
Q: Can I file taxes “married filing separately”? my wife has no income and there for she will not be filing taxes but we..

we are planning on filing a petition for her legal status through our marriage will that affect us in any way?

Adan Vega
Adan Vega answered on Jun 30, 2020

The proper and correct manner of filing your federal tax return can be determined by your CPA /accountant and your immigration attorney. The federal tax return will come into play when you file the FORM I-864 with USCIS or with the NVC and can definitely impact the process.

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2 Answers | Asked in Immigration Law on
Q: Get a non conditional visa 2 years after the marriage, the petition or the approval of the immigrant visa?

USCIS announced they will furlough most of their staff. That will probably slow the processing of our F2A petition. Besides, there are more COVID cases in the USA than in my home country. In this context, is it a good idea to wait a bit longer to enter the USA late enough to avoid a CONDITIONAL... Read more »

Adan Vega
Adan Vega answered on Jun 28, 2020

USCIS may furlough personnel by the beginning of August 2020 if Congress does not provide additional funding. Additionally, USCIS wants to increment the filing fees to bolster their revenue. USCIS has frittered its funds in the past few years with activities and programs that are not entirely... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: I have a pending asylum case. My parents got US citizenship. As I know they can petition for me as for a relative.

What are cons and pros of it? Will this petition affect my employment authorization? Will it affect my asylum case? Should they do it or not?

Adan Vega
Adan Vega answered on Jun 27, 2020

Your U.S. citizen parent can file the FORM I-130, relative petition, on your behalf with USCIS. The filing of the relative petition will not affect the asylum request nor the employment authorization that has been issued to you. The relative petition will also provide you with another option in... Read more »

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1 Answer | Asked in Immigration Law on
Q: Does the ban on new green cards until dec 31 affect only the consular processing?

Does the ban on new green cards until dec 31 affect only the consular processing, or the approval of i130 and NVC are likely to be slower too? My husband filed F2A for me, our priority date is in sept 2019

Adan Vega
Adan Vega answered on Jun 24, 2020

On June 22, 2020, the President signed a Proclamation extending his previous immigration ban (Proclamation 10014) effective immediately, and extending new restrictions on the entry of certain non-immigrant workers, effective at 12:01 AM EDT, June 24, 2020.

The latest Proclamation does not...
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2 Answers | Asked in Immigration Law for New York on
Q: I130 for a spouse visa

I file my husband's case for the I130 form on 9th July 2019. currently, it is showing this message (Your benefit request has been accepted and is under review) He lives in Pakistan.

The last update is from 7th April 2019.

I live in Bohemia, NY please can anyone answer me when I... Read more »

Adan Vega
Adan Vega answered on Jun 20, 2020

The FORM I-130 has been accepted for processing by USCIS and you will be issued an approval, a request for additional (RFE), or a denial at the time USCIS adjudicates the petition.

If and when USCIS approves the petition, the case will be routed to the National Visa Center ( NVC) for...
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1 Answer | Asked in Immigration Law for Minnesota on
Q: If i came to the US in 2009, do I qualify for DACA?

I have no criminal records nor felonies.

Adan Vega
Adan Vega answered on Jun 20, 2020

DACA applicants had to prove continuous residence in the U. S. since June 15, 2007 among other eligibility criteria.

3 Answers | Asked in Immigration Law for Michigan on
Q: Can a undocumented immigrant get married to a green card holder
Adan Vega
Adan Vega answered on Jun 17, 2020

A person without lawful status in the U.S. can marry a resident within the U.S. if the requirements of the jurisdiction where the marriage will occur are fulfilled.

Good luck to you.

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1 Answer | Asked in Immigration Law for Texas on
Q: Greencard related question

I'm a German Citizen with my 3rd E2 Visa working and living in the US. My Visa will run out next year in February. On 11.11.2018 i got married to my wife which is an US citizen. Since we are almost married for two years we are planning to apply for my green card now. We have not applied for... Read more »

Adan Vega
Adan Vega answered on Jun 14, 2020

You can be issued the 10 year resident card if at the time that USCIS adjudicates the FORM I-485/I-130 you have been married to a U.S. citizen for at least 2 years. You do not have to wait until November 2020 to file the request for adjustment of status in that USCIS does not adjudicate a request... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Filling for I-130 and I-485.

I am in very peculiar situation. I recently got married to U.S. Citizen and she want to file I-130 for me but I am currently under removal proceedings as my asylum case is in Immigration court, for 1 year bar (my final hearing date is set for 01/04/2023). Now the situation is my wife lives in Texas... Read more »

Adan Vega
Adan Vega answered on Jun 10, 2020

Your U.S. citizen spouse can file the FORM I-130 with USCIS and announce in the petition that you are in removal proceedings. The petition also requires that you announce the addresses where you and your spouse reside. USCIS will eventually schedule an interview appointment at a USCIS field office... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: I received the green card for 10 years. If I will be in separation with my husband

Can I apply for citizenship after 3 years or I have to wait 5 years?

If we will be in separation, will our son stay with me (mother)?

What if I would divorce my husband, can I apply for citizenship after 3 years or I have to wait 5 years?

Adan Vega
Adan Vega answered on Jun 8, 2020

If you wish to apply for naturalization in 3 years after receipt of the resident status, you will need to present proof of your marriage. If you divorce, you will need to wait the 5 years to file the FORM N-400.

The custody of your child can be determined by mutual agreement or by court...
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1 Answer | Asked in Immigration Law for California on
Q: If I owe the state of California for unemployment overpayment. Will I be denied Citizenship.
Adan Vega
Adan Vega answered on Jun 7, 2020

Your eligibility for naturalization is not compromised if the overpayment of unemployment benefits was not caused by fraud or misrepresentation on your part.

1 Answer | Asked in Immigration Law for Texas on
Q: Eb3 category row other country Texas service center

Eb3 other workers row .

priority date February 23 2018 .

Filled out i140 form October 3 2018.

And I got my second Ead .

.

Hi I filled out my I 140 form October 3 2018 since October 3 2018 I didn't get any uptade I already sent... Read more »

Adan Vega
Adan Vega answered on Jun 7, 2020

If you have filed the FORM I-140 under the EB3 OW category, you can request premium processing at this time. You can then obtain a reaction from USCIS in 15 days.

Good luck to you.

2 Answers | Asked in Immigration Law for New York on
Q: Can you get a start a "pardon" process or waiver here and finish after going back to your country of origin?

My husband has only begun the process of legalizing. We have a 7 year old daughter and he has been in the USA for 11 years. I was born here and am a citizen. He is from Ecuador. We have paid the initial fees but his mother is sick in Guayaquil. Can he go to her and still continue the legal process... Read more »

Adan Vega
Adan Vega answered on Jun 7, 2020

If your husband has filed the FORM I-601A to obtain a waiver of his unlawful presence and then he departs the U.S. , then he will have to submit another FORM I-601 at the time of his immigrant visa interview at the U.S. consulate.

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1 Answer | Asked in Immigration Law for California on
Q: Advance Parole Documentation (Adjustment of Status (AOS): L1 to Green Card) Necessity - i131 Form

Currently my wife (Argentinian) & I (US Citizen) are filing to change her status from L1 Visa to Green Card. We are in the early stages of this process & are trying to decide whether or not we should be filing the i131 form along with i130, i130A, i485, i765, i864 & i944. The reason... Read more »

Adan Vega
Adan Vega answered on Jun 6, 2020

Allen,

Your spouse with the L-1status can also file the FORM I-131 at the time of filing for adjustment of status with USCIS. You can place possible dates of travel in the FORM I-131.

As an applicant who is in status at the time of application for adjustment of status, your spouse...
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