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2 Answers | Asked in Immigration Law for California on
Q: Marriage-based green card application processing/timeline, as it relates to the recently announced executive order.

Because the Administration has announced that they intend to temporarily suspend immigration due to the COVID-19 pandemic, does that also include suspending the processing of marriage-based green cards? I understand that such an executive order has not yet been issued, and that if/when it is... View More

Adan Vega
Adan Vega
answered on Apr 22, 2020

The executive order that was issued today ( April 22, 2020) does not apply to a spouse of a U.S. citizen. Moreover, the restrictions are primarily geared toward individuals who are abroad.

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2 Answers | Asked in Tax Law and Immigration Law for Washington on
Q: If we go back and amend our 2019 tax return by adding my newly acquired SSN, would that qualify our family for a check?

I am a recent immigrant to the US from the UK. I have a wife and two children here who are both American.

I've just found out that my family wont get a stimulus check because we filed 2019 joint tax return last month using my ITIN number (I was a non-resident at the time but still... View More

Adan Vega
Adan Vega
answered on Apr 21, 2020

You should consult with a CPA or a licensed tax accountant to assist you in amending your tax return. Hopefully, the amendment can put you in position for a stimulus check.

Good luck to you.

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3 Answers | Asked in Immigration Law for Florida on
Q: I am a permanent resident and am out of a job due to the COVID-19 pandemic. Can I file for unemployment?

Will filing for unemployment be a means for deportation or jeopardize my chances for citizenship?

Adan Vega
Adan Vega
answered on Apr 21, 2020

To be eligible for state unemployment benefits, you must fulfill the state eligibility requirements where you reside and work.

The receipt of state unemployment benefits will not negatively affect your permanent resident status nor your eligibility for naturalization provided that no...
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1 Answer | Asked in Immigration Law for Michigan on
Q: If you file for a U visa and your parents qualify with you and get married later will it affect your case ?

Uvisa

Adan Vega
Adan Vega
answered on Apr 21, 2020

If you are the principal applicant for the U visa and you decide to proceed to marry, the marriage will not impact your application nor the eligibility of your parents. As the principal under age 21 applicant, you will be eligible for the U-1 and your parents will be eligible for the U-4.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: What are the forms/apps to apply for the Green Card through the spouse in the year 2020? (Forms i485 & sup) any other?

Married to my wife (nom-U.S resident) who only has work permit at this time. We wish to begin process to apply for the Green Card this year 2020. I am aware we must complete the i485 and i believe i130?

Though just wanted to confirm. Legal entry to America as well.

(She has... View More

Adan Vega
Adan Vega
answered on Apr 20, 2020

You indicated in your posting that your spouse is a DACA recipient.

You also indicated in your updated posting that your spouse has a lawful entry into the U. S.

If you are a U.S. citizen , then you can file the FORM I-130/I-130A on behalf of your spouse.

The FORM I-485...
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2 Answers | Asked in Immigration Law for Texas 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 ?

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...
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1 Answer | Asked in Immigration Law on
Q: Can DV 2020 interviews be extended beyond 30 September 2020? Is there anything in the law that can work for the winners?

As all immigration interviews are currently on hold. and given the current situation due to COVID 19, can the 2020 DV lottery winners still have their interviews after 30 September 2020, the last day to have the visa and the expiry date of the DV 2020?

Is there anything in the law that can... View More

Adan Vega
Adan Vega
answered on Apr 19, 2020

The adjustment of status process for diversity visa winners must be completed by September 30 of the fiscal year the lottery pertains to.

Visas cannot be carried over to the next fiscal year. Hence all 2020 DV lottery cases must be processed and adjudicated by September 30, 2020....
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1 Answer | Asked in Immigration Law for Maryland on
Q: Im on a H1B visa and my sister is a citizen. Could we file i-130 and i-485 concurrently?

Would i be able to apply for i-485 at the same time as filing i130? If so, would the processing time be less?I notice the the processing times for i-130 for some service centers is 7.5 to 9 months for siblings, I had heard the waiting times could take up to 12 years, am I reading this incorrectly?

Adan Vega
Adan Vega
answered on Apr 19, 2020

The FORM I-130 filed by your U.S. citizen sibling will not allow you to file the FORM I-485 until the USCIS visa bulletin indicates that a visa is available for your priority date ( the date of filing the FORM I-130) in the FB4 category for your country of origin.

1 Answer | Asked in Family Law and Immigration Law for California on
Q: We have a petition from the brother of my father. I am turning 22 this June, 2020. Cn i still be part of that petition

My father has a petition from his brother who lives is US . And my father can bring his family too. We processed this petition for 21 years from now and i am turning 22 this June 2020. All requirements are ready now, we are just waiting for the call of the embassy for our medical. But heres my... View More

Adan Vega
Adan Vega
answered on Apr 19, 2020

You can contact the National Visa Center (NVC) and ask for the NVC apply the CSPA to your case to determine if you are eligible to proceed as a derivative of your parent.

God luck to you.

1 Answer | Asked in Immigration Law for Utah on
Q: What type of requirements do I need to have in order to petition my parents that are already in the Us at the age of 21?

My family are in California, but I am in Utah

Adan Vega
Adan Vega
answered on Apr 19, 2020

You must be a U.S. citizen if you wish to file the relative petition (FORM I-130) on behalf of each of your parents. The FORM I-130 must be accompanied with supporting evidence that includes at minimum your birth certificate and/or U.S. passport and marriage certificate of your parents.

If...
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2 Answers | Asked in Immigration Law for New Hampshire on
Q: Hi , My dad has green card expired 10 years ago, does this count as immigration proceedings?
Adan Vega
Adan Vega
answered on Apr 18, 2020

Your father who is in possession of an expired resident card remains a permanent resident until such time that he voluntarily surrenders his status or an immigration judge issues an order rescinding his resident status.

Your father is not in “proceedings” until a “ Notice to Appear”...
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2 Answers | Asked in Immigration Law and Admiralty / Maritime on
Q: How much times does it take to approve i 130 petition from Pakistan?
Adan Vega
Adan Vega
answered on Apr 18, 2020

You can obtain the official processing time for the FORM I-130 by visiting the USCIS.gov website. The processing time as reflected in the website can be further delayed due to the current COVID-19 health crisis.

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1 Answer | Asked in Mergers & Acquisitions and Immigration Law for Kansas on
Q: Is there any legal way I can start and run my business as an F1 Student in the US?
Adan Vega
Adan Vega
answered on Apr 18, 2020

Performing any activity within the United States that can be construed as unauthorized employment can jeopardize and, in fact, violate your F-1 student visa. I recommend that you exercise extreme caution in proceeding with your plans to start and operate a business venture while on the F-1 status.

1 Answer | Asked in Immigration Law for Kansas on
Q: Can I work on my business back in my home country remotely, while in the US as an F1 Student?

My business back home does not require my physical presence and I'm wondering if I can work online on it, while in the US as an F1 student?

Adan Vega
Adan Vega
answered on Apr 18, 2020

Performing any activity within the United States that can be construed as unauthorized employment can jeopardize and, in fact, violate your F-1 student visa. I recommend that you exercise extreme caution in proceeding with your plans for the online business.

1 Answer | Asked in Immigration Law for Kansas on
Q: While on F1 Student Visa in the United States, can I start, manage, and work in my business back in my country?

So far the options I've seen to start and run a company in the US under an F1 student visa are pretty limited. I'm wondering if I can work on my business back in my country of citizenship remotely from the United States? This is an online business and does not require my physical... View More

Adan Vega
Adan Vega
answered on Apr 18, 2020

Performing any activity within the United States that can be construed as unauthorized employment can jeopardize and, in fact, violate your F-1 student visa. I recommend that you exercise extreme caution in proceeding with your plans for the online business.

1 Answer | Asked in Immigration Law for California on
Q: Switch from L1 Visa to Green Card/Permanent Resident and then on to Citizen

My longterm Argentinian partner (8 years) has a L1 visa. We are looking at seeing (now that we are domestic partners) if we can change her status from a L1 Visa to Permanent Resident/Green card with hopes of one day working toward citizenship. Is that even possible? Thank you. - Allen

Adan Vega
Adan Vega
answered on Apr 18, 2020

Allen,

Your domestic partner, if she holds the L-1A status, can apply for the resident status through the current employer who can file the FORM I-140 requesting EB-1 classification on her behalf. The FORM I-485 can be submitted contemporaneously with the FORM I-140.

In the...
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1 Answer | Asked in Employment Law and Immigration Law for Hawaii on
Q: Filing unemployment but my I-551 card does not have exp. date, what should I put on the unemployment application?
Adan Vega
Adan Vega
answered on Apr 18, 2020

You are a permanent resident. If you lose your resident card or you are in possession of a resident card that is expired or a version that has no expiration date, you are and, in fact , remain a permanent resident until you voluntarily abandon that status or a judge rules that you are no longer a... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Under EB2visa my three dependent must present I944 and I864? or is just one I944 for all? and one I864 for each of them?

I am applying under the category of EB 2 NIW I understand that I must submit the i944 but I am not sure if is for my hole family or one per person. I have as dependent my wife and my two daughters, the same happen with the I 864. It is one for each of them. So is one 944 for each of us and one I864... View More

Adan Vega
Adan Vega
answered on Apr 18, 2020

In general, EACH applicant who submits FORM I-485 must submit his or her own FORM I-944 if the applicant is subject to the public charge ground of inadmissibility. Refugees, Asylees, those granted U visas, VAWA, etc. are not required to file the FORM I-944.

Employment-based preference...
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2 Answers | Asked in Immigration Law for New York on
Q: I quit the job on last December & I want apply for unemployment, it affect my application for citizenship?

I came to us by immigration lottery, and I applied for citizenship last October and I paid the fee and I quitted my job last December, on last February they sent me letter for interview but they canceled because coronavirus now I want apply for unemployment, it affect my application for citizenship?

Adan Vega
Adan Vega
answered on Apr 17, 2020

Your receipt of state unemployment benefits will not bar you from being eligible for naturalization provided that you have not made any misrepresentations.

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1 Answer | Asked in Immigration Law for Washington on
Q: HELP!!I accidentally e-signed the beneficiary's name instead of the petitioner's on Form I-130 while filing online?

my sister is sponsoring my mom and I through two I-130. After she prepared the forms online , they were passed to me for payment. I noted that the e-signature page were not signed, and I accidentally put my mom and my name on it and proceeded to pay. However, the application only states that my... View More

Adan Vega
Adan Vega
answered on Apr 17, 2020

You can wait for the USCIS receipts to be issued and then forward an amended version with the correct signatures of the FORM I-130 that was electronically filed.

Good luck to you.

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