Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Adan Vega
1 Answer | Asked in Immigration Law for Georgia on
Q: Does a court case involving internal family financial dispute affect immigration for a foreign spouse on spouse visa?

One of my very close friends (him - a US citizen) married an engineer (her) residing in Vancouver. She has a course case involving a family financial dispute (between her and her mother) that was settled in the court and she paid all financial obligations. He is about to sponsor her on a spouse... View More

Adan Vega
Adan Vega
answered on Apr 26, 2020

A financial dispute resulting in a civil court settlement between two family members ( mother and daughter) will not disqualify the daughter from obtaining an immigrant visa based on an immediate relative petition filed by a U.S. citizen spouse.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My wife is currently applying for US Citizenship. Will receiving unemployment benefits affect her application?

She is on furlough.

Adan Vega
Adan Vega
answered on Apr 26, 2020

U.S. residents can apply and receive unemployment benefits if all of the state requirements are fulfilled. You must be authorized to work at the time you apply for the benefit and throughout the time you receive the benefit. In certain states you must have completed calendar quarters before you... View More

2 Answers | Asked in Employment Law and Immigration Law for New York on
Q: Work authorization was valid when I applied for benefits. It has been expired but I applied for new one. Claim benefits?

When I applied for my unemployment benefits my work authorization was valid. During the time when I was getting benefits my work authorization expired. I have applied for work authorization Renewal. Can I get my unemployment benefits after I applied for a new unemployment authorization?

Adan Vega
Adan Vega
answered on Apr 26, 2020

In general, you must have a valid work permit or any immigration status that allows you to work to request unemployment benefits.

You must be authorized to work at the time you apply for the benefit, throughout the time you receive the benefit, and also during the “base period” prior...
View More

View More Answers

3 Answers | Asked in Immigration Law for New York on
Q: My boyfriend and I are getting married. He is a US Citizen and I have Daca

He’s an NYC police officer. I work in a hospital and going to school for Nursing I also have 2 US children from a previous relationship does that affect our case in any way?

Adan Vega
Adan Vega
answered on Apr 26, 2020

Once you marry, your U.S. citizen spouse can file the FORM I-130 on your behalf.

The next step depends on your manner of entry into the U.S. :

(a) a lawful entry will allow you to file the FORM I-485 with USCIS;

(b) an entry without inspection will require that you...
View More

View More Answers

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: I’m a L-1 visa, can I apply for unemployment benefits due to coronavirus outbreak?

I work for a hotel as manager with an L1 visa, due to corona virus we had to close until further notice, I tried to apply for unemployment benefits online but requires the alien registration number ( which I don’t have). Also I don’t want this to affect my migration status

Adan Vega
Adan Vega
answered on Apr 25, 2020

Those who are not citizens can apply and receive unemployment benefits if all of the state requirements are fulfilled.

You must have a valid work permit or any immigration status that allows you to work such as a green card, asylee, DACA or TPS status.

You must be authorized to work...
View More

3 Answers | Asked in Immigration Law for California on
Q: I’m a green card holder and I have a Fiance living in Colombian can I get her a Fiance vida before we get marry ?
Adan Vega
Adan Vega
answered on Apr 25, 2020

As a U.S. resident you are not eligible to file the FORM I-129F to request the K-1 visa on behalf of your fiancée. You must first become a U.S. citizen to file such petition.

If you marry your fiancée in Colombia you can file the FORM I-130 (relative petition) with USCIS to begin the...
View More

View More Answers

2 Answers | Asked in Immigration Law for Minnesota on
Q: Can an alien that can work get unemployment because of covid 19 or will that effect his future immigration status
Adan Vega
Adan Vega
answered on Apr 25, 2020

Those who are not citizens can apply and receive unemployment benefits if all of the state requirements are fulfilled. You must have a valid work permit or any immigration status that allows you to work such as a green card, asylee, DACA or TPS status. You must be authorized to work at the time... View More

View More Answers

2 Answers | Asked in Employment Law and Immigration Law for New York on
Q: Can I get my unemployment benefits if I just applied for work permit renewal?
Adan Vega
Adan Vega
answered on Apr 25, 2020

You must have a valid work permit or any immigration status that allows you to work to request unemployment benefits. You must be authorized to work at the time you apply for the benefit, throughout the time you receive the benefit, and also during the “base period” prior to your application... View More

View More Answers

2 Answers | Asked in Immigration Law on
Q: I m having an issued f4 category visa expiring on 20th May, 2020. Please explain impact of new green card policy on visa
Adan Vega
Adan Vega
answered on Apr 26, 2020

The Proclamation issued on April 22, 2020 and effective on April 23, 2020 at 11:59 PM suspends entry into the U.S. of immigrants who:

• Are outside the United States on the effective date of the proclamation;

• Do not have a valid immigrant visa on the effective date; and...
View More

View More Answers

6 Answers | Asked in Immigration Law for New York on
Q: Hi, I am currently studying in the USA and hold F-1 Visa status. My wife is a US citizen.

Hi, I am currently studying in the USA and hold F-1 Visa status. My wife is a US citizen. We wanted to apply for the immigration status this month. Do these new restrictions preclude our chances of applying to it?

I am currently living in the US

Adan Vega
Adan Vega
answered on Apr 24, 2020

W

View More Answers

3 Answers | Asked in Immigration Law for Colorado on
Q: My spouse, in Nepal, had immigration visa granted. Will she be able to come to US with this current US Immigration Ban?

I am a U.S. Permanent Resident and applied for immigration visa for my spouse. Her case has been approved and immigration visa was granted to her after successful interview with US Embassy in Nepal. All she needed was to fly to US and she would get her Green Card in 1 month or so after arrival.... View More

Adan Vega
Adan Vega
answered on Apr 24, 2020

I am providing you with a redacted summary of the Proclamation suspending entry of immigrants :

The Proclamation issued on April 22, 2020 and effective on April 23, 2020 at 11:59 PM suspends entry into the U.S. of immigrants who:

• Are outside the United States on the effective...
View More

View More Answers

1 Answer | Asked in Immigration Law for Georgia on
Q: I am filing I 130 for spouse who is a canadian PR . Can she continue to visit USA on her current visitor visa

can I file for EAD, AParole and I 485 concurrently if she is in USA on her tourist visa ?

Adan Vega
Adan Vega
answered on Apr 23, 2020

If (1) you are a U.S.citizen and (2) your spouse lawfully entered the U.S. and (3) she is not otherwise inadmissible then the adjustment of status request can be made with USCIS.

Keep in mind that the adjustment of status filing may trigger a finding of preconceived intent if filed...
View More

2 Answers | Asked in Immigration Law for North Carolina on
Q: can a citizen of Iran apply for Green Card while Travel Ban is in effect?

My wife is a recently naturalized US Citizen and would like to sponsor her elderly disabled mother (70Yrs Old - Stroke victim) for a Green Card. My question is, even though Iranian citizens are banned from entering the country, is it still possible to apply for an I-130 in anticipation of a new... View More

Adan Vega
Adan Vega
answered on Apr 23, 2020

You can proceed at this time to file with USCIS the FORM I-130 , relative petition, on behalf of your parent. Once the FORM I-130 is approved by USCIS then the file will be transferred to the NVC. At that time, you can assess if the “ travel ban “ is still in existence. If it is then your... View More

View More Answers

1 Answer | Asked in Immigration Law for South Carolina on
Q: I am a US citizen and filed a petition for my mother in March of last year, it was accepted.

I submitted all the documentation and payed all required fees, she had her interview in Bogota in February of this year and they kept her passport but requested other documentation, right at the time when I had gathered the other documents the consulate closed. Is the new executive order going to... View More

Adan Vega
Adan Vega
answered on Apr 23, 2020

The U.S. consulate that is processing your mother's case for an immigrant visa will remain closed for the next 60 days or more for issuance of immigrant visas except for certain cases that are exempt from that executive order. Unfortunately, parents of U.S. citizens are not listed as exempt... View More

3 Answers | Asked in Immigration Law for Georgia on
Q: I am filing I 130 for spouse who is a canadian PR . Can she continue to visit USA on her current visitor visa ?

can I file for EAD, AParole and I 485 concurrently if she is in USA on her tourist visa ?

Adan Vega
Adan Vega
answered on Apr 23, 2020

If (1) you are a U.S.citizen and (2) your spouse lawfully entered the U.S. and (3) she is not otherwise inadmissible then the adjustment of status request can be made with USCIS.

Keep in mind that the adjustment of status filing may trigger a finding of preconceived intent if filed...
View More

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: Hi, I would like to know if I can use the i-539 form to change an H1B status to a B2.
Adan Vega
Adan Vega
answered on Apr 22, 2020

The FORM I-539 is the proper application to request a change of status with USCIS.

1 Answer | Asked in Immigration Law for California on
Q: Filled i751 in 2013 transfered local office 2018 and now another office ? Help please

Filled i751 in 2013. And status has changed to waiver in 2016. Then case status changed to "transfered local office" feb.2018 

Now April 2020 says that transfered to the another office. Does anyone know what is that mean ?  Am I going to get an interview or will get approval?

Thanks

Adan Vega
Adan Vega
answered on Apr 22, 2020

Your case has been pending adjudication for 7 years which is an inordinate period of time.

The transfer to another office can result in an RFE, a denial , an approval , or an interview notice.

You should engage an experienced immigration attorney to assist you and to initiate a...
View More

2 Answers | Asked in Immigration Law for New York on
Q: Can I file forms i-134 and i-129f for two different people simultaneously?
Adan Vega
Adan Vega
answered on Apr 22, 2020

You can file the FORM I-134 for one person and the FORM I-129F for another person at the same time.

However, you can not file the FORM I-134 AND the FORM I-129F for two different people contemporaneously.

View More Answers

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: i am on (a)(10) status and my fiancee on H1B, but with lay offs,she might lose her job,can i merry her

if she looses her job, can my status benefit her in anyway?

Adan Vega
Adan Vega
answered on Apr 22, 2020

The EAD classified as (a) (10) is issued to individuals granted withholding of deportation/removal. If that is your case then marriage to the person with the H-1B status will not provide any immigration benefit to either of you.

View More Answers

1 Answer | Asked in Immigration Law for Kentucky on
Q: I sent an outdated I-485 with no I-944 along with I-130 (concurrent filing). How can I fix this without being denied?

While filing for my marriage base green card, I realized that I sent an outdated version. I have yet to receive a confirmation that they have received the paperwork but wanted to know if there were a way to fix this without having to pay for the paperwork again. Is there a number to dial so that I... View More

Adan Vega
Adan Vega
answered on Apr 21, 2020

If the outdated FORM I-485 is not accepted for processing by USCIS then your adjustment of status filing along with the filing fee will be returned to you.

At this juncture, you need to wait for the FORM I-485 receipt from USCIS or the return of your filing.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.