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
2 Answers | Asked in Immigration Law for New Jersey on
Q: if an illegal immigrant marry a us citizen until what age can he/she put his/her illegal kids in the process?

the kids are under DACA program at the moment

Adan Vega
Adan Vega
answered on Mar 3, 2020

The U.S. citizen can file a relative petition (FORM I-130) on behalf of the spouse and the stepchildren who are under the age of 18 at the time of the marriage. If the spouse entered the U.S. lawfully then the FORM I-485 can be filed with the FORM I-130.

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: will I be able to adjust status despite I overstayed a previous visitor s visa?

I overstayed my visitor s visa for less than 180 days. My husband is a LPR and filed i130 to petition for me, but it hasnt been approved yet. Im currently outside the USA and considering applying for a second visitor s visa to avoid being separated from my husband for too long. If our i130 was... View More

Adan Vega
Adan Vega
answered on Mar 4, 2020

If you are an intending immigrant , as your fact pattern seems to indicate, then you are not eligible for the B-1/B-2 non- immigrant visa.

You and your spouse should wait for the approval of the relative petition and request the transfer of the file to the NVC. Upon complying with the NVC...
View More

View More Answers

2 Answers | Asked in Immigration Law for Texas on
Q: Can my children being on government assistance affect my mothers AOS application due to public charger rule?

Please I need advise on what to do with this new public charge immigration law effective 24/02/2020 for immigrants. My mother is presently in the USA and have over stayed her B2 for over 30days. We were in the process of doing a AOS for her when I found out about the new law. Apparently, we or she... View More

Adan Vega
Adan Vega
answered on Feb 28, 2020

If you are a U.S. citizen and your mother entered the U.S. lawfully she may be eligible to adjust status IF (1) she is not otherwise inadmissible and (2) you and she can fully comply with all of the requirements of the I-864 and the I-944.

At this time you should take the time to consult...
View More

View More Answers

1 Answer | Asked in Immigration Law for Ohio on
Q: Hello, E2 Visa issued on January 02, 2018-Germany E2 Visa Holder: Husband E2 Visa Dependent - wife (Holding a EAD

1) Can we open a second company that is 100% husband and put wife as an employee?

2) Does husband/wife have to keep everything in one company?

Adan Vega
Adan Vega
answered on Feb 27, 2020

You should be consulting the immigration attorney that assisted you with the E-2 application. You can inquire with the attorney about your plans to expand your business venture. If you proceed without expert guidance you can actually jeopardize your E-2 status.

1 Answer | Asked in Immigration Law for New York on
Q: My green card has my husband's last name. Is that my legal name or my maiden name in my marriage and birth certificates?

Hello,

I am a green card holder and the wife of a US citizen. The name on my green card and my SS card is my husband's last name. He used his last name for me when he applied for my green card, because he thought that women here in US take their spouses last name. However we did not do... View More

Adan Vega
Adan Vega
answered on Feb 27, 2020

You can submit the FORM N-400 and indicate the name as stated in your resident card in the application. You can also reference your maiden name in the section requesting “other names you have used” in Part 2 #3 of the form.

3 Answers | Asked in Immigration Law for Virginia on
Q: Can my daughter marry a young man who is here under daca and has been for 15 years?

My daughter has been dating a young man who is a daca participant. He’s from Guatemala. He has no criminal record. He graduated from high school and is now 20 I’m concerned about their future is there a path to citizenship? Would they be safe to marry?

Adan Vega
Adan Vega
answered on Feb 28, 2020

Depending on the age of your daughter and the jurisdiction where she intends to enter into a marital relationship , she may be able to marry.

Your daughter should check the local laws for additional guidance.

In regards to her future spouse, an adjustment of status may be possible...
View More

View More Answers

1 Answer | Asked in Divorce, Family Law and Immigration Law for Kansas on
Q: Can I bring my fiancé from Egypt to the US?

My fiancé is from Egypt and I am a US citizen. We meet all the requirements in the Fiancé visa but we didn’t met because meeting before marriage violates our cultural and religious values. What can I do about this.

Adan Vega
Adan Vega
answered on Feb 26, 2020

The first page of the instructions of the FORM I-129F indicates that you are required to meet your fiance unless you can establish that meeting your fiancé in person will (1) violate strict and long - established customs of your fiance’s foreign culture /social practice or (2) result in extreme... View More

1 Answer | Asked in Immigration Law for New York on
Q: We have a B1/B2 visa. Can CBP officer deny us entry to the US on the grounds of change of intention?

My boyfriend and I been issued a B1/B2 visa.

Details on the visa sticker:

Visa Type/ Class: R, B1/B2

Entries: M

The stated intention on the D-160 form was for a tourist visit to New York. I haven’t travelled to the US yet.

Recently, I changed my mind.... View More

Adan Vega
Adan Vega
answered on Feb 26, 2020

The B-1/B-2 non- immigrant visa is issued to an applicant for tourism and business purposes. A planned visit to the U.S. , as you have mentioned in your fact scenario, for the purpose of bearing a child is problematic and is an improper use of the B-1 B-2 visa.

The CBP officer at the U.S....
View More

2 Answers | Asked in Immigration Law for New York on
Q: In Process Your benefit request has been accepted and is under review- that was the update when I tracked it on uscis

I am not a citizen, I have a CR1 visa

Adan Vega
Adan Vega
answered on Feb 27, 2020

The limited information that you have posted indicates that the case matter that you filed ( I-751? ) has been received by USCIS and will proceed to adjudication.

View More Answers

1 Answer | Asked in Immigration Law for Texas on
Q: Hello I am an international student here in Texas. So I got my family here with B1/B2 visa, now I want them to stay with

me here, so we can invest upto $100,000 in an active business, but we are so lost what to do. Can anyone please please help us. We need to start quickly. We don't know what to do..please help.

Adan Vega
Adan Vega
answered on Feb 25, 2020

If your family has entered the U.S. with a B-1/B-2 non-immigrant visa and are wanting to change status to the E-2 status, you will need to first assess if the E-2 is applicable to citizens from your home country.

Then the proposed investment must be analyzed to determine if all the...
View More

1 Answer | Asked in Immigration Law for Ohio on
Q: hello, I'm an asylee and going to apply for green card in few months.

I found a job in a different state and i want to move there. now if i change my address with uscis, is it gonna affect my status or applying for the green card?

thank you!

Adan Vega
Adan Vega
answered on Feb 25, 2020

Your change of address within the U.S. will not impact your asylee status nor your eligibilty for resident status.

1 Answer | Asked in Immigration Law for New York on
Q: I have the same update on my son I-130 application In Process Your benefit request has been accepted and is under review

I have a CR1 visa and my son was on my form when I filled the form, (derivative)

Adan Vega
Adan Vega
answered on Feb 25, 2020

You will need to provide more information and the question that you want to ask.

1 Answer | Asked in Immigration Law for Texas on
Q: My dad was before an immigration judge, then ordered removed and deported. Sign for life deportation. .

Didnt give him another option it was sign or stayed detained for 10 years.. I'm the daughter of him and I'm trying to claim him or try to get his documents back .

Adan Vega
Adan Vega
answered on Feb 24, 2020

I highly suggest that you first obtain a copy of your father’s immigration file and then visit an experienced immigration attorney to properly assess the case matter to determine your father’s options. An online forum such as this one can only provide you with general guidance when you are... View More

1 Answer | Asked in Employment Law and Immigration Law for Pennsylvania on
Q: H4 Status when H-1B revoked by old company

Hi,

I recently changed my job and my H-1B has been filed by new employer and it is not approved yet. My spouse H4 (form I-539 approved and valid until May 2022 from my previous employer) was not filed by new employer.

Couple of days back my H-1B (form I-129) has been revoked by my... View More

Adan Vega
Adan Vega
answered on Feb 24, 2020

If the FORM I-129H by your spouse’s employer was filed with USCIS before the withdrawal of the H-1B by the prior employer then the H-4 status, in general, remains valid.

However, you should request guidance from your spouse’s employer who is assisting with the filing of the FORM...
View More

1 Answer | Asked in Immigration Law for Virginia on
Q: Does a valid advance parole allow you to enter the U.S. without a valid I-20?

I am an F1 international student who has applied for marriage-based green card. I am set to receive my advance parole soon and I intend to go abroad over the summer. My I-20 expires in May, and the earliest I can get another one from my new school is in July. My f1 expires next year. If I travel... View More

Adan Vega
Adan Vega
answered on Feb 24, 2020

The advance parole document issued by USCIS will allow you to present yourself at a U.S. port of entry to request entry and admission to the U.S.

CBP will assess at that time if you are admissible to the U.S.

The FORM I-20 may be immaterial if you are not seeking entry as an F-1 visa holder.

2 Answers | Asked in Immigration Law for California on
Q: Can my pregnancy speed up the process for spouse visa?

I am a us citizen petitioning for my spouse in Guatemala. I am also pregnant and due in May. Can my pregnancy speed up the process

Adan Vega
Adan Vega
answered on Feb 24, 2020

Your pregnancy is a factor that will be assessed and noted by USCIS and the U.S. consulate in analyzing the bona fides of your marriage but will not necessarily cause your case to be expedited.

Good luck you.

View More Answers

2 Answers | Asked in Immigration Law on
Q: I have an immigration court date that i wanna forward it to another date and I’m out of the usa
Adan Vega
Adan Vega
answered on Feb 25, 2020

If you are abroad and you have a pending immigration court case, I highly recommend that you immediately contact an experienced immigration attorney who can provide you with the necessary guidance.

Good luck to you.

View More Answers

2 Answers | Asked in Family Law and Immigration Law for New York on
Q: My green card has my husband's last name. Is that my legal name or my maiden name in my marriage and birth certificates?

Hello,

I am a green card holder and the wife of a US citizen. The name on my green card and my SS card is my husband's last name. He used his last name for me when he applied for my green card, because he thought that women here in US take their spouses last name. However we did not do... View More

Adan Vega
Adan Vega
answered on Feb 25, 2020

At the time you file the FORM N-400 you can indicate the name as stated in the resident card and you can also indicate other names that you have used. You can also request a name change in the FORM N-400 to a name that you wish to use in the future.

Good luck to you.

View More Answers

2 Answers | Asked in Immigration Law for California on
Q: Which French visa is the appropriate visa given these circumstances?

My son is an American citizen who has been living in Thailand and working for the past 2.5 years. While living in Thailand he met a French citizen with whom he is now having a baby and planning to marry. Their work contracts in Thailand end in March and the baby is due in July. They plan to marry... View More

Adan Vega
Adan Vega
answered on Feb 21, 2020

You can contact the French Embassy or Consulate nearest you to obtain information regarding the French visa applicable to you.

Good luck to you.

View More Answers

2 Answers | Asked in Immigration Law on
Q: I need to forward my immigration court cause I’m out side us now and i found difficult to return back what do i do
Adan Vega
Adan Vega
answered on Feb 21, 2020

If you are outside the U.S. and you are scheduled to appear before an immigration court, I highly recommend that you immediately contact an experienced immigration attorney to assist you.

Good luck to you.

View More Answers

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.