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Questions Answered by Adan Vega
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 16, 2020

You indicated in your posting that your spouse is a DACA recipient. Unless your spouse has a lawful entry into the U. S. , the FORM I-485 can not be filed with the FORM I-130.

If per chance that a lawful entry has been recorded with DHS and your spouse is otherwise not inadmissible then...
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2 Answers | Asked in Immigration Law for New Jersey on
Q: If i am a resident will applying for the stimulus cheque affect my application for citizenship in the future

Ie will i become a public charge and my application to citizenship will be jeprodized

Adan Vega
Adan Vega
answered on Apr 18, 2020

Your eligibility for naturalization will not be affected if you receive a stimulus check from the U.S. Treasury.

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1 Answer | Asked in Immigration Law for California on
Q: can I switch to being sponsored as married daughter of US citizen from sibling petition and keep same priority date?

I am married over 21 and my sister filed I 130 to sponsor me 9 years ago in a sibling of US citizen category, now my mother is a US citizen too. Can we switch a petition from sibling to married child over 21 category and keep same priority date of 9 years ago to save wait time? If so, how much... View More

Adan Vega
Adan Vega
answered on Apr 15, 2020

There are some instances in which a priority date of a petition (FORM I-140) filed and approved under one classification can be re-captured in a new employment based category by the same or different petitioner.

However, in the family-based (FORM I-130) case in your scenario, the priority...
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2 Answers | Asked in Immigration Law for California on
Q: I am on B1/B2 visa and in US. I wanted to apply for F2, wife on Stem OPT. Do i have to go back to India for F2 interview

Hello,

I am currently on B1/B2 Visa and my wife is on F1 visa. If anyone can help me with information about F2 Visa. I am currently in the US, Can i apply for F2 in US ? Or do i need to visit India and Apply for F2 from there ? A lawyer suggested us to apply for my F2 with my wife’s STEM... View More

Adan Vega
Adan Vega
answered on Apr 14, 2020

You should ask the attorney that is guiding you to provide you with information about the FORM I-539 and the timing of the filing.

Good luck to you.

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Hi my dad is in the states he just got his temporary green card through marriage. My question is can he file for his son

His son is over 21 and is in the states visiting on a visitors visa

Adan Vega
Adan Vega
answered on Apr 14, 2020

A resident parent can file the family petition, FORM I-130, on behalf of an unmarried son.

In your case, the FORM I-485 can not be filed with USCIS by the unmarried son for at least 4 to 5 years. Moreover, the applicant must remain in status and must be otherwise not inadmissible.

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1 Answer | Asked in Immigration Law for California on
Q: As a dreamer if you chose to leave the USA permanently, is it possible to come back and visit the USA on a tourist visa?
Adan Vega
Adan Vega
answered on Apr 13, 2020

As a DACA recipient, you can trigger the 3 or 10 year bar upon departure from the U.S. if you obtained DACA after age 18 1/2 due to an accumulation of unlawful presence. The 3 year bar will trigger with 6 months of unlawful presence and the 10 year bar is triggered with 1 year of unlawful presence.

4 Answers | Asked in Immigration Law for Florida on
Q: Can i switch from consular processing to adjustment of status for my spouse's case and how can it be done ?

I initially selected consular processing for the i 130 on my husband's petition but now we want to switch and go the adjustment of status route. Does he have to be in the states for us to switch to that? Provided that we meet the uscis eligibility criteria?

Adan Vega
Adan Vega
answered on Apr 11, 2020

An adjustment of status is permitted if your spouse has lawfully entered the U.S. without preconceived intent or is in possession of a dual intent visa.

Since you posting is lacking information I am assuming that you are a U.S. citizen.

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1 Answer | Asked in Immigration Law for Florida on
Q: submitted my i 130 and it now says accepted n under review (feb 23, 2020). what does this mean Our location is nebraska

also my husband is in Jamaica and i really want him with me. can he come to the US on his visa and file an adjustment of status with the i 130 pending acceptance? or do we have to wait. how else can i get him here sooner?

Adan Vega
Adan Vega
answered on Apr 11, 2020

The relative petition ( FORM I-130) that you filed with USCIS has been accepted for processing and adjudication. You can expect an RFE ( Request for Additional Evidence) or an approval/denial of the petition once the USCIS officer completes the adjudication.

Entry into the U.S. with the...
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2 Answers | Asked in DUI / DWI and Immigration Law for Connecticut on
Q: I got arrested for my first DUI back in November 19, the judge sealed my case and now I want to apply for citizenship.

I got a green card 5 years ago through the dv lottery. I want to know if I will have a problem at the interview since I got arrested, but I didn’t got charged at the court.

Adan Vega
Adan Vega
answered on Apr 10, 2020

If you are not in possession of the court disposition, you will eventually need to visit the court and unseal the record to obtain such document. If you wish to apply for naturalization, you need to be aware that most USCIS field offices will consider a DUI within 5 years of application a... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Confused I-751 processing

I am mentally drained because their continues to be conflicting information in regards to the i-751 change of status. How much to actually chat with an immigration lawyer for 10-15 minutes I need facts please I do not wish to loose my son over conflicting information

Adan Vega
Adan Vega
answered on Apr 9, 2020

If your son is wanting to change his current non- immigrant status then he needs to file the FORM I-539.

If your son is a conditional resident, he must file the FORM I-751prior to the 2nd anniversary of the issuance of the conditional resident status.

You should contact an...
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2 Answers | Asked in Immigration Law on
Q: my i-130 case not got approval yet ,if i applied to study master in US, will they give me the visa easily ?
Adan Vega
Adan Vega
answered on Apr 11, 2020

The fact that you are the beneficiary of a relative petition (FORM I-130) will not necessarily impact the request for the change of status to the F-1.

Moreover, the fact that you are requesting the F-1 status does not cause the FORM I-130 to be adjudicated out of the normal processing...
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3 Answers | Asked in Immigration Law for Colorado on
Q: I overstayed my tourist visa , been here for16 years,zero crime and want voluntary removal,can I just buy plane ticket

I want voluntary removal , never had any deportation warnings , overstayed my tourist visa . Can I just buy plane ticket and go or some long process?

Adan Vega
Adan Vega
answered on Apr 8, 2020

You can contact the airlines to determine if you can obtain a reservation for an international flight. During the current COVID -19 health crisis you may have difficulty in obtaining a flight. Keep in mind that upon departure from the U.S. you will trigger a 10 year bar which will prevent you from... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: My L1A visa will expire in June 2020. Assuming COVID restrictions continue- will I get a temporary extension?

EB1 I-140 approved, but waiting for PD(India)

Adan Vega
Adan Vega
answered on Apr 7, 2020

Your employer should timely file the FORM I-129L prior to expiration of your L-1A status. If you are not eligible to extend your current status in that you have reached the statutory limit for L-1A status, you may be able to request another status if the COVID -19 crisis persists and you are not... View More

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1 Answer | Asked in Immigration Law on
Q: My application for a British passport was rejected, so any help as to go forward would be much appreciated.

My application for a passport was rejected, despite my birth certificate stating I was born here and having lived here my whole life. The passport office stated that my application was rejected due to me not being able to prove my mothers nationality at the time of my birth (in 1997) as she is... View More

Adan Vega
Adan Vega
answered on Apr 4, 2020

You should contact the British Embassy in Washington, D.C. if you are in the U.S. and inquire about the requirements for a British passport. You can also visit gov.uk to obtain the passport requirements.

Good luck to you.

1 Answer | Asked in Immigration Law on
Q: Can a Swedish mother and son move to the US for 1 year for the son to go his last year of high school there?

Hi!

My 15 year old son and I (his mother) are interested in ”moving” to the US for 1 year next summer (2021) for him to go his last year of high school in the US instead of here in Sweden.

Would this be possible, and if so what visas would we need? I assume my son would need a... View More

Adan Vega
Adan Vega
answered on Apr 4, 2020

You can contact the school in the U.S. that you are interested in enrolling your son and inquire if the educational institution is authorized to issue a FORM I-20. Once your son is admitted and issued the FORM I-20, your son can apply for the F-1 student visa with the U.S. consulate in your home... View More

1 Answer | Asked in Immigration Law for California on
Q: I have a B1/B2 visa with an I94 date of April 15. What if I cannot leave the country because of COVID-19 issues?

I can stay in the US on my B1/B2 Visa for 6 months. I am having travel issues because of the COVID-19 pandemic. I am supposed to leave on April 15 - I have a ticket for April 14th but transportation has been shut down in Ukraine and I cannot leave the US. What is my best course of action?

Adan Vega
Adan Vega
answered on Apr 4, 2020

If your visitor status is due to expire this month and you are unable to timely depart due to the COVID -19 health crisis, you can request an extension of your status by filing FORM I-539 with USCIS. You will need to include documentation of the reasons of your inability to travel abroad.... View More

2 Answers | Asked in Immigration Law for California on
Q: Does the Public Charge test affect those seeking COVID-19 screening, testing, and treatment? If so, how?

Hello, my name is Citlaly Santos and I work for CenCal Health, which is a California local health plan that administers benefits to Medicaid recipients living in Santa Barbara and San Luis Obispo Counties. We are receiving questions from people who are worried about seeking COVID-19 related... View More

Adan Vega
Adan Vega
answered on Apr 4, 2020

Recently USCIS issued an alert regarding COVID-19 and Public Charge Inadmissibilty which states is part as follows:

USCIS encourages all those, including aliens, with symptoms that resemble Coronavirus 2019 (COVID-19) (fever, cough, shortness of breath) to seek necessary medical...
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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... View 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... View 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.

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