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Questions Answered by Adan Vega
2 Answers | Asked in Immigration Law for Texas on
Q: Good morning, I just got married to a us citizen and need some help with status adjustment. I'm from South Africa.

I need to know what to do, i'm lost?

Adan Vega
Adan Vega
answered on Feb 25, 2021

The U.S. citizen spouse can file the FORM I-130 and I-130A on your behalf.

If you entered the U.S. lawfully, you can file for adjustment of status (FORM-485).

There are other forms that are required and others that you can file to request additional benefits.

An experienced...
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1 Answer | Asked in Immigration Law for Washington on
Q: My Boyfriend has been going to court for 9 years to see what he can do about his visa. His lawyer hasnt done nothing

I feel he has got riped off .

Adan Vega
Adan Vega
answered on Feb 25, 2021

The immigration court system is bogged down with more than 1.2 million cases and some cases have been pending for 9 years and more.

You can always ask the attorney to provide you with an update and a copy of the file.

You can also visit an experienced immigration attorney and...
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1 Answer | Asked in Immigration Law for California on
Q: What are the options to change an F2 visa to a work permit one

I am an MBA and mechanics engineering graduate, residing in the US for 2 years, there is a company interested in hiring me. What should I do?

Is there any other option to obtain work permission?

Adan Vega
Adan Vega
answered on Feb 24, 2021

You can ask your prospective employer to prepare to file for the H-1B status on your behalf in April 2021. The prospective employer will need to register with USCIS on or after March 3, 2021 in order to be eligible to file the FORM I-129H.

An experienced immigration attorney can assist you...
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2 Answers | Asked in Immigration Law on
Q: can i still sponsor my spouse who live out of USA even though he once overstay his B1\B2 visa for less than 1 year

hi.. I'm American citizen can I still sponsor my spouse who live out of USA even though he once overstay his B1\B2 visa for less than 1 year in 2019r****he didn't get deported he just left*****??

Adan Vega
Adan Vega
answered on Feb 19, 2021

As a U.S. citizen you can file a relative petition ((FORM I-130) on behalf of your spouse.

If your spouse was in unlawful presence in the U.S. for longer than 180 days but less than 12 months then a waiver will have to be filed.

An experienced immigration attorney can assist you in...
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1 Answer | Asked in Immigration Law on
Q: I'm a former US permanent resident. Am I eligible for a non-immigration visa?

I'm specifically seeking to be admitted on a O-1 visa so I can live and work in the US temporarily.

Does being a former permanent resident have a negative effect on my ability to obtain such a visa?

Adan Vega
Adan Vega
answered on Feb 18, 2021

Your former status as Permanent Resident of the U.S. is a factor that will be viewed by the U.S. consulate in determining whether you are eligible for a non- immigrant visa.

In your request for the non- immigrant visa , you will be required to show a lack of immigrant intent an

2 Answers | Asked in Immigration Law on
Q: is my son can still be with me in this case

I'm planning to marry a women who live in the united states but i have a question. we didn't start the process (the paper work like I30, etc...) at this time my son is 17 years old and 3 months and at the time we start the paper work he will be so close to turn 18 . even he might... View More

Adan Vega
Adan Vega
answered on Feb 18, 2021

The timing of your marriage to a U.S. citizen is extremely crucial. A marriage before your son turns 18 years of age will be advantageous in your case. Hence the U.S. citizen may be able to file a relative petition (FORM I-130) for each of you depending on the timing of the marriage.

An...
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2 Answers | Asked in Immigration Law on
Q: FAMILY GREENCARD

hello . i have a question please provide me with the answer .... if i marry a U.S citezen before my child turn 18 like in the date on the marriage certificate was before he turn 18 can she still sponsor him with me even though she filed the form I30 after he turned 18 as long as the date on the... View More

Adan Vega
Adan Vega
answered on Feb 18, 2021

The timing of your marriage to a U.S. citizen is extremely crucial. A marriage before your son turns 18 years of age will be advantageous in your case. Hence the U.S. citizen may be able to file a relative petition (FORM I-130) for each of you depending on the timing of the marriage.

An...
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2 Answers | Asked in Immigration Law for New York on
Q: Can a US permanent resident obtain a O-1 non-immigrant visa?

I'm French citizen living in the US as a permanent resident. I would like to avoid becoming a long-term resident as I don't intend to stay in the US forever. Is it possbile to obtain a O-1 non-immigrant visa instead?

Adan Vega
Adan Vega
answered on Feb 15, 2021

As an immigrant to the U.S. holding a permanent resident status, you are not eligible to obtain a non- immigrant visa such as the O-1.

You must no longer be a U.S. lawful resident in order to qualify for a non- immigrant status or visa.

Before you abandon your resident status, you...
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1 Answer | Asked in Immigration Law for Kansas on
Q: I applied for my siblings who live in India for citizenship to come to America and it’s been 12 year

I am also a USA citizen and it’s been very long and frustrating is there any way that they can come faster or is there any ways that I can help?

Adan Vega
Adan Vega
answered on Feb 12, 2021

A sibling petition for a citizen of India will take at least 15 years before an immigrant visa becomes available. Your siblings can wait several more years or should explore other avenues such as employment or investment based visas.

2 Answers | Asked in Immigration Law for Missouri on
Q: Can my fiancée apply for a K-1 visa if she has a tourist visa application in process?

I am a US citizen living in the US and my fiancée is a Mexican citizen living in Mexico. We would like to start the process for attaining a K-1 visa. However, my fiancée currently has a tourist visa application in process. Do we need to wait for the tourist visa process to complete before... View More

Adan Vega
Adan Vega
answered on Feb 9, 2021

The B-1/B-2 visa is a non- immigrant visa that requires a lack of immigrant intent.

The K-1 requires an immigrant intent.

For these reasons, the request for the B-1/B-2 will have to be abandoned if you wish to pursue the K-1 fiancée visa.

Good luck to you.

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1 Answer | Asked in Immigration Law for California on
Q: Hello I am planning to marry my boyfriend in Mexico. I would like to know if there is a possibility of him coming here

He has tried to cross the border before and was caught but ask to sign a paper that he voluntarily left the USA.. is there still a chance for me to bring him over here

Adan Vega
Adan Vega
answered on Feb 8, 2021

If you are a U.S. citizen, you can file a FORM I-129F petition on behalf of your fiancé. Your fiancé can then apply for the K-1 visa at the U.S. consulate after USCIS approves the petition.

If you travel to Mexico and marry, then you will have to file the FORM I-130 relative petition...
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2 Answers | Asked in Immigration Law for California on
Q: Hi I am on an F2 Visa. There is a small company willing to hire me, how can I change mine to a work permitted visa?

I have MBA degree and 3 years experience in related work

Adan Vega
Adan Vega
answered on Feb 6, 2021

If you can obtain a job offer that requires your degree then the prospective employer can file for an H-1B status with USCIS. The prospective employer will have to commence the process as soon as possible in order to timely file the petition this year.

An experienced and qualified attorney...
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2 Answers | Asked in Employment Law, Family Law and Immigration Law for Illinois on
Q: Can I have an appointment with a free immigration lawyer that also handles employment and family issues?
Adan Vega
Adan Vega
answered on Feb 2, 2021

You can reach out to any of the immigration attorneys who respond to questions in the JUSTIA Ask a Lawyer platform and ask if they can accommodate your request.

Good luck to you.

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4 Answers | Asked in Immigration Law for Illinois on
Q: My mom came here with a tourist Visa and overstayed. She has been in Mexico for 10 yrs can I put in an I130?

Is it easier for her to get another tourist visa and once she’s her I put in the application to fix her status?

Adan Vega
Adan Vega
answered on Jan 26, 2021

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

-If your mother was subject to the 10 year bar and has been in Mexico for the past 10 years then she will not need to apply for a waiver for the unlawful presence.

-I do not recommend that your mother...
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2 Answers | Asked in Immigration Law for Arizona on
Q: When the i130 asks for beneficiaries photocopy passport photo is it a normal photo or the whole passport photo page?
Adan Vega
Adan Vega
answered on Jan 25, 2021

The FORM I -130 instructions indicate the following:

You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is in the United States) taken within 30 days of filing this petition.

The photos must have a white to off-white...
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2 Answers | Asked in Immigration Law on
Q: Does foreign spouse have to submit birth certificate copy when filing I-130?

I am a US Citizen planning on petitioning for my foreign wife. A third-party source I read said to include copy of foreign spouse birth certificate when filing the I-130 petition but I can’t find that information anywhere on the official gov website or forms. It seems foreign birth certificates... View More

Adan Vega
Adan Vega
answered on Jan 20, 2021

A spousal relative petition (FORM I-130) does not require the birth certificate of the beneficiary. The petitioner’s birth certificate can be submitted to USCIS if the petitioner was born in the U.S.

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3 Answers | Asked in Immigration Law for North Carolina on
Q: can i apply for us citizenship with my expired passport
Adan Vega
Adan Vega
answered on Jan 9, 2021

You do not need to be in possession of a valid passport to be eligible for naturalization. You will need to comply with all other requirements to file the FORM N-400 with USCIS.

Good luck to you.

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: I got divorced in the state of Wisconsin in October 2020. I have a fiance currently residing abroad and planning of. . .

bringing him here in the USA. In Wisconsin, you can't marry again not until after 6 months from the date of divorce. My question is can I file my I-129F Petition for Alien Fiance now of do I have to wait after six months to file the petition?

Adan Vega
Adan Vega
answered on Dec 24, 2020

One of the requirements of the FORM I-129F is that you must be unmarried at the time of filing of the petition with USCIS. You will not be required to marry your fiancé until the K-1 is issued by the U.S. consulate and your fiancé enters the U.S. which will not occur within the next 6 months.... View More

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1 Answer | Asked in Immigration Law for New York on
Q: My parents are green card holders can they sponsor me a daca recipient.

My parents are green card holders can they sponsor me a daca recipient. We entered the us legally back in 1992,and overstayed. However my parents are now legal residents. Ive kept my daca status since it was created and have never left the us.

Adan Vega
Adan Vega
answered on Dec 20, 2020

One of your lawful permanent resident parents can file the FORM I-130 (relative petition) on your behalf if you are unmarried.

As a DACA recipient you are not accumulating unlawful presence upon the issuance of DACA by USCIS. Depending on the age you obtained DACA, you may not have...
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2 Answers | Asked in Immigration Law for North Carolina on
Q: I am a naturalized US citizen. My brother asked for asylum in the US. Can I petition him with the I-30 while his pending
Adan Vega
Adan Vega
answered on Dec 10, 2020

As a U.S. citizen, you can file the relative petition , FORM I-130, on behalf of your brother. The request for asylum by your brother is not an impediment to the FORM I-130.

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