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Questions Answered by Adan Vega
2 Answers | Asked in Immigration Law for Ohio on
Q: Can I file I-485 when my spouse is traveling outside US?

Hi,

Me and my spouse have valid medical tests and the appropriate 485 paperwork done in the USA. Can I file I-485 with my spouse being outside USA?

Adan Vega
Adan Vega answered on Sep 24, 2020

Your spouse must be physically present in the U.S. if she/he wishes to file the FORM I-485 with USCIS. Moreover, your spouse must be eligible to adjust status with USCIS prior to filing the FORM I-485.

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2 Answers | Asked in Immigration Law for Texas on
Q: what type of visa is required for a immigrant to enter the country for the purposes of marriage to US citizen.

we are both over 60 and want to try and get this process over as quickly as possible

Adan Vega
Adan Vega answered on Sep 22, 2020

If you are intending to marry in the U.S. with a U.S. citizen then your future spouse should file the FORM I-129F with USCIS to initiate the process for requesting the K-1 visa. The K-1visa is issued at a U.S. consulate abroad.

Good luck to both of you.

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1 Answer | Asked in Immigration Law for California on
Q: How do I help my usa born cousin enter usa with just birth certificate and ssn

My course was born in CA but she was taken to Mexico at a very young age and her name was changed in mexico all her records and school records are in a different name but she has her us social security and birth certificate but she has not reentered the county because she is scared they won't... Read more »

Adan Vega
Adan Vega answered on Sep 21, 2020

Your cousin should apply for a U.S. passport with the U>>S consulate while abroad and prior to attempting to enter the U.S.

The birth certificate and the social security card will be helpful in the request for the U.S. passport.

Good luck to you and your cousin.

1 Answer | Asked in Immigration Law for Florida on
Q: Does a lawyer need to assist me with the I-130 after I file and complete it on my own?

I am re-filing for a parent. My lawyer said in order to re-file, I would need to start with an I-130, request a FOIA (EOIR) and resubmit an I-212. I just wanted to know if I can do the I-130 on my own that way it is less costly on my end.

Adan Vega
Adan Vega answered on Sep 21, 2020

In your case, you should consult with an experienced immigration attorney who can thoroughly outline all of your options for immigration benefits and what you can file with USCIS at this time.

The attorney can discuss with you whether the FORM I-212 is required.

The FOIA is always...
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1 Answer | Asked in Immigration Law for Florida on
Q: Form G-28

hi i have a question for you.

I have pro bono lawyer who is representing me filing form i-130, unfortunately, my lawyer did not ask me to sign the form g-28 and he already filed the form i-130. What happens in that situation? Will my application be processed or get rejected? please advise... Read more »

Adan Vega
Adan Vega answered on Sep 21, 2020

A filing with an unsigned FORM G-28 can be processed by USCIS as a pro se filing and the receipt will be sent directly to you. In the alternative, USCIS can deem the unsigned FORM G-28 as incomplete and return the entire package to you or your attorney.

1 Answer | Asked in Immigration Law for Florida on
Q: Immigration: Hi I received a new employment authorization card. My "cathegory" was changed from C09P

Is it a good sign? Does anyone knows what next if so? Thank you

Adan Vega
Adan Vega answered on Sep 21, 2020

The EAD with the CO9P classification indicates that you filed for adjustment of status and you have received employment authorization and an advance parole document.

The EAD with the new classification indicates employment authorization based under a different category. You can view the...
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1 Answer | Asked in Immigration Law for Florida on
Q: Hi I received a new employment authorization card. My "cathegory" was changed from C09P to C31

Is it a good sign? Does anyone knows what next if so? Thank you

Adan Vega
Adan Vega answered on Sep 21, 2020

The EAD with the CO9P classification indicates that you filed for adjustment of status and you have received employment authorization and an advance parole document.

The EAD with the C31 classification indicates employment authorization based on a VAWA petition.

You seem to have...
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2 Answers | Asked in Immigration Law for Michigan on
Q: I had my green card before I married my citizen wife. Our marriage was a traditional marriage,

But we never made a marriage certificate until last year plus We have 2 children. So can I file my citizenship application based on marriage? Thanks.

Adan Vega
Adan Vega answered on Sep 20, 2020

You can file for naturalization after you have been lawfully married to a U.S. citizen for at least 2 years and 9 months and you have held the resident status for that same period of time or more.

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1 Answer | Asked in Immigration Law for Nebraska on
Q: I-130 for a sibling

I am a US citizen, my sister and her kids (18 and 14) just came in the US on b1/b2 visa, is it possible for me to file I-130 for them while they are still here?

Adan Vega
Adan Vega answered on Sep 20, 2020

You can file the FORM I-130 on behalf of your sibling. However, keep in mind that a immigrant visa will not be available for a period of several years and your sibling can remain lawfully in the U.S. for 6 months with the B-1/B-2 non-immigrant status.

You should consult with an...
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2 Answers | Asked in Immigration Law for Minnesota on
Q: How do I help my usa born cousin enter usa with just birth certificate and hospital records.

My course was born in CA but she was taken to Mexico at a very young age and her name was changed in mexico all her records and school records are in a different name but she has her us social security and birth certificate but she has not reentered the county because she is scared they won't... Read more »

Adan Vega
Adan Vega answered on Sep 21, 2020

Your cousin should apply for a U.S. passport with the U.S. consulate while abroad and prior to attempting to enter the U.S.

The birth certificate and the social security card will be helpful in the request for the U.S. passport.

Good luck to you and your cousin.

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4 Answers | Asked in Immigration Law for Florida on
Q: looking for immigration attorney for help on my 751 application. I am 100% legal in the USA since 1999 i need help
Adan Vega
Adan Vega answered on Sep 17, 2020

The instructions to the FORM I-751 provide you with guidance in presenting the application to USCIS.

If you need and require personalized guidance you are welcome to contact an experienced immigration attorney to assist you. The cost of a consultation is a minimal investment that can save...
Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: Fiance visa

I am a US citizen and I want to bring my boyfriend from Dominican Republic to the United States. I would like to know which would be the best and fastest way - should I merry him in DR or should I apply for the fiance visa here in the US ?

Adan Vega
Adan Vega answered on Sep 14, 2020

If you have not married, you can file the FORM I-129F with USCIS to commence the process to request the K-1 visa on behalf of your Fiance.

If you marry, then you will have to file the the FORM I-130 with USCIS.

As to the official processing times, you can view that information by...
Read more »

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2 Answers | Asked in Immigration Law for California on
Q: Can I work for a US company solely from (remotely) from home as a Consultant/ Independent contractor without a Visa?

I am a Registered Nurse working in the US for over 30 years and recently my job placed me on "Temporary Leave" due to Covid 19 until we can resume full time indoor opening. My TN Visa status then was revoked completely by US Border Control when applying for a New TN Visa for a secondary... Read more »

Adan Vega
Adan Vega answered on Sep 11, 2020

You will need to be in possession of a non- immigrant status that authorizes you to be employed in the U.S. if you remain in the U.S. to perform services.

You can return to your home country ( Canada) and perform the services remotely until such time that you can obtain the TN again....
Read more »

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3 Answers | Asked in Immigration Law for California on
Q: I have my Green card since 2008 the Gov just renewed my Green card for another 10 years but denied me my Citizenship?
Adan Vega
Adan Vega answered on Sep 6, 2020

You can maintain your resident status by fulfilling all of the requirements to preserve that status. The eligibility requirements for naturalization will include those to preserve the resident status plus other requirements that you view by accessing the instructions to the FORM N-400.... Read more »

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Hello, am a US citizen, I filed I-130 for my brother 9 years ago ,when should I expect the process to start? Thank you.
Adan Vega
Adan Vega answered on Sep 5, 2020

If you view the Visa Bulletin for SEPTEMBER 2020, you will note that a sibling visa is available for those who have a priority date of 9/22/06 ( except for India, Mexico, and the Philippines). If you filed the sibling FORM I-130 nine years ago, the visa is not yet available.

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2 Answers | Asked in Immigration Law for Indiana on
Q: What would be the reasons there is a deficiency in the filing? Could you re submit?
Adan Vega
Adan Vega answered on Sep 4, 2020

An omission of page of a submitted form, improper payment, or use of an expired form will cause a rejection. You can resubmit once you correct the error.

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2 Answers | Asked in Immigration Law for Tennessee on
Q: My green card is slightly damaged. I am about to apply for citizenship. Will USCIS make me file for a replacement first?

The A-number etc is still readable and I have color copies of it.

Adan Vega
Adan Vega answered on Aug 31, 2020

A damaged resident card will not disqualify you from applying for naturalization. You can proceed to apply if you are otherwise eligible to submit the FORM N-400.

Good luck to you.

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1 Answer | Asked in Immigration Law on
Q: My wife file I-130 she is green card holder PD November 15 2019

I have questions on August 20 date changed

your benefit request has been accepted. How long to get approval

Adan Vega
Adan Vega answered on Aug 25, 2020

The priority date in the F2A category in your case was established at the time of filing the FORM I-130 with USCIS. You now need to check the visa availability in the monthly Visa Bulletin published by the State Department if you are consulate processing. If you are proceeding to apply for... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: Physical presence count for filing N400

Hello!

I have my green card since 03/25/2015. I have 30 months (913 days) of physical presence over the past 5 and a half years but not over the immediate 5 years from today’s date backwards. Does this disqualify me for filing?

Immihelp’s eligibility calculator counts all the... Read more »

Adan Vega
Adan Vega answered on Aug 21, 2020

The Physical Presence rule for applying for naturalization requires that applicants show that they were:

Physically present in the U.S. for thirty months within the five year period before applying ( Note: the rule is different if you have been married to a U.S. citizen for the past 3...
Read more »

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Apply Green Card on EB-5 Investor program.

I am from India and I am planning to lease a business on H4 EAD and have 10 full time employees. My friend who is an american citizen will be a partner who is the actual owner of the business. Am I eligible to apply for Green Card based on the business documentations and my friends properties,... Read more »

Adan Vega
Adan Vega answered on Aug 20, 2020

EB5 visas are available to immigrant investors who engage in new commercial enterprises that benefit the U.S. economy through job creation and capital investment.

To qualify as an immigrant investor in the EB5 program, a foreign national must invest, without borrowing, the following...
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