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2 Answers | Asked in Immigration Law for Florida on
Q: What is the minimum investment for an L1A visa?

I own a company offshore and am interested in moving to the U.S. I match all requirements but am stuck in the "substantial investment area".

I acknowledge that it may vary based on your sector of investment, but some law firms claim that a simple investment for an office may be... View More

Adan Vega
Adan Vega
answered on May 24, 2020

You may be referring to an E-2 and not the L-1A.

As to the “substantial amount “ to be invested please note the following:

“ A substantial amount of capital is:

Substantial in relationship to the total cost of either purchasing an established enterprise or...
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3 Answers | Asked in Immigration Law on
Q: How can my husband get a green card if he already has a U.S Tourist visa?

I am a U.S Citizen and have lived almost my whole life in Mexico. My husband currently has a U.S tourist visa, and we got married In the U.S a few years ago. We both live in Mexico, what would be the first step in getting him a green card? What forms do I need to fill out?

Adan Vega
Adan Vega
answered on May 19, 2020

You will need to file the FORM I-130 with USCIS with the proper support documentation ( marriage certificate, proof of your U. S. citizenship, passport style photos of each of you, divorce decrees if applicable , etc.). Upon approval of the relative petition , the case will be transferred to the... View More

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2 Answers | Asked in Employment Law and Immigration Law for California on
Q: Can I work remotely from home office (in another country) on a TN Visa? If so, how long?

I am a Mexican working in the US on a TN Visa. I would like to work remotely while covid quarantine... Nothing will change, still the same company and position, but I want to know If I am allowed to work from Mexico (another country) for a couple of months... and If it is allowed, how long can I do... View More

Adan Vega
Adan Vega
answered on May 18, 2020

The TN status allows you to render the services on behalf of the petitioning employer as stated in the TN visa application or TN petition while you are in the U.S.

You can return to the home country and render the services remotely from that location.

You should discuss this...
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3 Answers | Asked in Immigration Law for New York on
Q: I am a permanent resident for almost 2 years but I am married over 3 years. Can I apply for citizenship
Adan Vega
Adan Vega
answered on May 7, 2020

You can apply for naturalization ( FORM N-400) in 2 years and 9 months from the time you were issued your resident status provided that you have been married to a U.S. citizen for that same period of time or more.

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3 Answers | Asked in Immigration Law for Texas on
Q: Can I still file an I-130 now that I am married to a U.S. Citizen?

During this COVID-19 pandemic, with USCIS Field Offices closed, can I still file an I-130 now that I am married to a U.S. Citizen?

Adan Vega
Adan Vega
answered on May 6, 2020

You can file the FORM I-130 at a lockbox of the USCIS depending on your residence. Please see the filing instructions in the USCIS website for the correct address for filing.

Relative petitions are not filed at a local field office of the USCIS which are currently closed to the general public.

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1 Answer | Asked in Immigration Law on
Q: Hi. I am wondering if it is possible for me to apply for a social security number and what I need to do.

I am canadian

Adan Vega
Adan Vega
answered on May 6, 2020

You can apply for a social security number if you are a U.S. citizen/national, a U.S. resident, an asylee, a refugee, or in possession of an employment authorization card issued by USCIS.

You can also contact the U.S. Social Security Administration for additional guidance.

Good luck to you.

1 Answer | Asked in Immigration Law for Maryland on
Q: I-485 and I-864 were previously submitted by mail in two different packets because of size. The application was rejected

I-130 was submitted online and is still pending approval. The application was rejected for not having an I-864, what is the next course of action? Appeal or Refile?

What is a projected timeline for both? Will the same priority date of the I-130 be used?

Also, previous tax years have... View More

Adan Vega
Adan Vega
answered on May 6, 2020

If the FORM I-485 was rejected by USCIS then you should take action to correct the deficiencies of the adjustment of status request and re-file.

You should also ensure that you submit the receipt notice of the FORM I-130 with the FORM I-485.

The priority date of the FORM I-130 will...
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3 Answers | Asked in Immigration Law for New York on
Q: We were denied for I-485 due to lack of I-846 (affidavit of support) an oversight on our behalf. Should we refile i485

Or should we I-290B and ask to have car reopened

Adan Vega
Adan Vega
answered on May 5, 2020

Unfortunately, the filing for adjustment of status was defective and USCIS has the authority to deny a case if the filing is incomplete. If you file the FORM I-290 you may just be wasting your time and money.

At this juncture, you should visit with an experienced immigration attorney to...
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2 Answers | Asked in Immigration Law on
Q: I601 question

My mom filed for i130 for my father 5-6 years ago. They had my father go to some kind of evaluation with a psychologist(or something like that) because of something in his criminal record from like 20 years ago and they had him tested and came out positive for marijuana.. now I recently filed... View More

Adan Vega
Adan Vega
answered on May 3, 2020

If the FORM I-130 filed by your mother was routed to the NVC you may want to check with that agency to determine if the approval has not been “ terminated” due to inactivity. The approved petition may still be valid if the NVC has not taken action to “ terminate” the petition.... View More

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2 Answers | Asked in Immigration Law for Tennessee on
Q: Is it better for a resident mom to apply for green card for her F1 daughter or wait until she gets her citizenship?

Mom applied for citizenship, which is yet to be approved. I have a student F1 Visa. Is it better for mom to apply fora green card for me now or wait until her citizenship is approved?

Adan Vega
Adan Vega
answered on May 1, 2020

Your resident mother can file the FORM I-130 on your behalf at this time. Depending on your age you will be classified in the F2A or the F2B categories. You can check the visa availability for both categories by accessing the State Department Visa Bulletin.

If you are under 21 years of age...
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3 Answers | Asked in Immigration Law and Criminal Law for Indiana on
Q: What kind of lawyers to hire? Does it violate my visa status?

I was arrested for domestic battery in Indiana. I am F1-student. I don't think i did anything that would hurt her and even if it did it was unintentional. I was not charged at the moment. University has not taken any action yet, but I am hearing they will. Does it violate my visa status? I... View More

Adan Vega
Adan Vega
answered on May 1, 2020

You need to engage an experienced criminal law attorney to represent you with the domestic violence charge. A conviction will jeopardize your immigration status.

Good luck to you.

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2 Answers | Asked in Immigration Law for Virginia on
Q: if an immigrant has children born in the US and they hit the immigrant does the immigrant qualify for visa?

my mother is suffering from domestic violence from my sister does she qualify for visa?

Adan Vega
Adan Vega
answered on May 1, 2020

Domestic violence is a “qualifying” crime for U visa eligibility. In your case, the incident must first be reported to the police and a police report must be generated. Afterwards a “certification” must be requested from the police. Once the “certification” is issued then the FORM I-918... View More

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2 Answers | Asked in Immigration Law for Nebraska on
Q: With the immigration suspension order, will it be a pause on processing I-130 applications filed outside the US?

My husband is a US citizen and i'm a Canadian citizen. We both live in Canada and applied in Nov. 2019. Will this suspension affect the processing time and procedure on our application?

Adan Vega
Adan Vega
answered on May 3, 2020

USCIS is currently processing and adjudicating relative petitions ( FORM I-130) at the Service Centers and issuing approvals or denials. However, the overall processing of your case at the USCIS, the NVC, and the U.S. consulate may be delayed by the possible expansion of the Executive Branch... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: Whether to respond to citizenship denial letter

Denial letter was accompanied by a six page letter of allegations towards my green card petitioners -(my father and step-mother) allegations of fraud and misinterpretations . Opinions that I should not have obtained my permanent residency to begin and not eligible from their standpoint , I've... View More

Adan Vega
Adan Vega
answered on Apr 30, 2020

The allegations that have been presented against you are serious and could result in a “Notice to Appear” before an immigration judge. USCIS is claiming that your resident status was improperly issued. At this juncture, you should engage an experienced immigration attorney to assist and guide... View More

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2 Answers | Asked in Immigration Law for California on
Q: Can i work for two companies for 1 or 2 weeks on H1B?

I am on H1B visa work for company A. My H1B visa transfer is approved for company B. I need to give 2 week notice for company A but company B is asking to join immediately.

Adan Vega
Adan Vega
answered on Apr 28, 2020

You can be employed by two different petitioning employers in H-1B status IF USCIS has authorized concurrent employment. The limited information in your scenario does not indicate that you are authorized for concurrent employment.

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1 Answer | Asked in Immigration Law on
Q: My USA friend can sponson me for a visa?

I' m Italian, with my husband and my daughter would like to move in NY to do international school experience to our daughter. We are financial resource to stay in USA without work, My USA friend can sponsor us in order to obtain visa? If yes which one? Tks so much

Adan Vega
Adan Vega
answered on Apr 28, 2020

If you have the financial resources as you have mentioned in your posting, you should consider the E-2 non- immigrant investor visa to allow you to remain in the U.S. while your daughter enrolls in an authorized school in the U.S.

1 Answer | Asked in Immigration Law for Arizona on
Q: What determines the length of stay on B2 visa - the stamp on passport and I-94 or is it fixed to max of 6 months?

Hello, my mom is an Indian Citizen and came to US in Nov 2019 on B2 visa. She was supposed to go back in Mar 2020 but due to Corona all the flights were cancelled. So now she is here and will be staying at least till june. By June she would have passed 6 months/180 days of stay in US. On her... View More

Adan Vega
Adan Vega
answered on Apr 28, 2020

The FORM I-94 controls the period of time that the visitor can remain lawfully in the U.S.

Prior to the expiration of the B-2 status, your mother should proceed to file the FORM I-539 with USCIS to request an extension of the B-2 status.

2 Answers | Asked in Immigration Law and Tax Law for Georgia on
Q: Will tax returns that I filed as single but am married since 2017 affect my husbands green card process?

I am a U.S citizen who is trying to get my husband a green card, We got married in 2017 and I have always filed my taxes single since then because I was told by the accountant that I didn’t need to do anything different since my husband did not live with me. Is this going to affect my husbands... View More

Adan Vega
Adan Vega
answered on Apr 27, 2020

If you are married, you should be filing your federal tax returns as “married” and not as “single”. USCIS or the U.S. consulate can take the position that you are not in fact married based on your filed federal tax returns. Keep in mind that you will have to present your last tax return... View More

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1 Answer | Asked in Immigration Law for Colorado on
Q: Applied for I 130 in CO (where petitioner lives) and assigned to CA USCIS center instead of NE jurisdiction, can change?

Hi,

My sister applied for the I 130 request for me from Colorado (where she lives) and the request got received by California. I read that the handling time from Nebraska, which has jurisdiction of CO has the fastest turnaround time. Is there any way I can change service center?

Adan Vega
Adan Vega
answered on Apr 27, 2020

You can not request that USCIS transfer the relative petition from one regional service center to another. USCIS will transfer cases between the centers depending on the workload of each center.

2 Answers | Asked in Immigration Law for New Jersey on
Q: I have applied my green card and recently received SSN and EAD as a L2 visa holder. Can I travel outside of the US?

When I read through USCIS website, it seems fine if I have a valid L visa. However, I do not know if it is possible for me to travel outside of the US with an EAD card or when my green card is under processing.

Adan Vega
Adan Vega
answered on Apr 27, 2020

You should not travel abroad and return to the U.S. with the L-2 visa if you have filed the FORM I-485 requesting adjustment of status.

You will need to file the FORM I-131 with USCIS and request an advance parole document to allow you to travel abroad without interrupting the adjudication...
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