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2 Answers | Asked in Immigration Law for Tennessee on
Q: Can my mother who's been an illegal immigrant for over 25 years be deported for filling a I-130?

My mother is an illegal immigrant from Nicaragua who's been here for over 25 years. She has a work permit but it expires in June. Months ago, my sister who's an citizenwho was 26 at the time filed an I-130 for her. My mother let her take charge of it but I don't believe they did it... View More

Kevin L Dixler
Kevin L Dixler
answered on Jan 26, 2025

She has a final order of removal with the Department of Justice, so ICE has the responsibility to execute the order. However, this will depend on Agency discretion and policies.

This means that DHS, as a whole, must decide what to do. Her petition and case are pending with two different...
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3 Answers | Asked in Immigration Law for Ohio on
Q: Need clarification for the quickest way to get my fiancé here in the states after we get married in April.

From what I see, I need to file I-130, I-130A, and then a CR1.

Kevin L Dixler
Kevin L Dixler
answered on Jan 13, 2025

I'm inclined to agree to disagree without more information. You ought to reconsider whether to file for a K1 fiance visa, then hold off on the wedding. There are a lot of practical reasons to take a step back, besides the extreme delays in processing the I-130 petition, then the National... View More

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3 Answers | Asked in Immigration Law for Kansas on
Q: My wife is disabled and can’t work but she receives a ssI check monthly. Can she petition for my green card?
Kevin L Dixler
Kevin L Dixler
answered on Dec 18, 2024

I agree, but the issue may ultimately be whether there is enough documented proof that you entered the marriage in good faith based upon a relationship of love and mutual moral respect. We ought not assume that there is! This can take effort.

There are people who marry, then divorce, but...
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2 Answers | Asked in Immigration Law for South Carolina on
Q: I am an H1B visa holder. I want to marry a woman from other country (not my country of origin) and adopt her child.

Thw woman and her child are not currently living in USA. What steps shpuld i take to marry her in USA and adpot her child without violating immigration laws?

Kevin L Dixler
Kevin L Dixler
answered on Nov 28, 2024

This may not be an immigration question. Your H-1b visa is a temporary work visa. You are allowed to marry anyone you want. However, when you’re done with your H1B, you must leave the United States. This means that you ought to make plans for your spouse to move to your home country with you!... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: In 1999 I was 17 years old, I was convicted and tried as an adult for delivery of cocaine, possession of cocaine and res

Resist arrest w/out violence. I was deported after a 4 year sentence as a youth offender. I only have one cimt which is the delivery however I was still deported. I knew not of youth offender exception, and categorically delivery isn't a aggravated felony. How do I stand and make this right,... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 9, 2024

More information is needed. However, there is a sense of reckoning that must take place before any further action can be taken, if any.

There also seems like a misunderstanding of the definitions of a deportable offense and the enduring nature of the bars for what can be considered drug...
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2 Answers | Asked in Immigration Law for Georgia on
Q: What requirements can I provide to apply for N-600 without my parent's certificate?

Hi, I am 25 years old. I am a daughter of a US citizen mother through naturalization. I was born outside the United States. My mother brought me here when I was 15 years old and got my green card. Now that I am 25 years old, married to a military member, and have a 2-year-old son, I live far away... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 9, 2024

You will likely need the information from her certificate. Can she photocopy it for you? If not, then you can have trouble proving that you are a derivative citizen. Once she is gone, if the certificate is lost, you have little to no proof that you derived citizenship. Also, you may remain... View More

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2 Answers | Asked in Immigration Law on
Q: my esta was revoked due to overstaying half a day because of long waiting at the airport I need a visa
Kevin L Dixler
Kevin L Dixler
answered on Sep 15, 2024

I agree to some extent. Yet, there is the possibility that you unknowingly engaged in activities that could disqualify you from a visitor visa. One activity is living and working without authorization. Also, it is possible that you may now have immigrant intent for the purposes of a future visit.... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: Hi there When I send the EOIR 33 one 4court which is located on 333 S Miami Ave, Miami the 2nd copy goes to whom thanks

So when I send a form of EOIR 33 one to the EOIR court which 333 S miami Suite 200

Can someone please tell me the second copy goes to who and what’s the address and should I put the address in the area where it says to office of the principal legal advisor for DHS immigration that means a... View More

Kevin L Dixler
Kevin L Dixler
answered on Jun 22, 2024

You can go to www.ice.gov to try to obtain the address for the Office of the Principal Legal Advisor. You can try to call and ask the Immigration Court in Miami for the information.

Representing yourself in an immigration matter is very risky. It is highly unlikely that you will get a...
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2 Answers | Asked in Immigration Law for Washington on
Q: Can I apply for the US citizenship without submitting I-751 if I have been with my husband for 7 years in the US?

I have been married and living with my husband for 9 years and we have a 6 year old daughter. I got my green card 7 years ago upon my arrival in the US. We have not submitted the removal of green card conditions (I-751) because my husband does not want me to get citizenship.

(1) Can I... View More

Kevin L Dixler
Kevin L Dixler
answered on Apr 16, 2024

No. You must file the I-751, with or without your husband. The fact that you allowed the two years to expire means that you can be placed in removal proceedings for failing to file the I-751.

Filing a self petition based upon divorce based upon irreconcilable differences may be the better...
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2 Answers | Asked in Immigration Law and International Law for Kansas on
Q: Hi, I am an international student. I have some questions: 1. Am I allowed to invest in stocks (not full-time ofc)?

I have wanted to invest in stocks but am hesitant since I am on F1 status. How will I be able to do it if I am allowed to?

2. Also, When can I start filing for citizenship? what are the requirements?

Kevin L Dixler
Kevin L Dixler
answered on Mar 3, 2024

You ought to also consult with your DSO before you make any decision. They also decide whether you violate the terms of your F1. Nevertheless, active self-employment may include researching companies that issue stock for your own personal financial gain.

That means that any remuneration...
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2 Answers | Asked in Immigration Law on
Q: I was deported from the U.S. back in 2007 and I am interested in applying for a visa and I-212 waiver for readmission.
Kevin L Dixler
Kevin L Dixler
answered on Feb 26, 2024

More information is needed. A decision for advanced permission to re-apply is discretionary. It is also possible that you may also need a waiver, where you were ordered removed for an offense that makes you inadmissible. How are you going to be petitioned? Who, if anyone, will petition you?... View More

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3 Answers | Asked in Immigration Law for Michigan on
Q: I already have a US tourist visa, can I marry a US citizen in my country and travel to US without revealing the marriage
Kevin L Dixler
Kevin L Dixler
answered on Feb 25, 2024

One of the worst ways to end an engagement is to indefinitely disqualify yourself for lawful immigration. Affirmatively lying to the US government is a problem.

The information provided by these two attorneys is consistent. However, getting into a mess as a result can prove heartbreaking....
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2 Answers | Asked in Immigration Law on
Q: Green card status

I have a green card and I've been living in Romania for a few years now. I am going to NY every 4-5 months but now I have to stay here for longer than 6 months because both my parents are not well. Am I risking anything regarding my green card status?

I was in NY in September last year... View More

Kevin L Dixler
Kevin L Dixler
answered on Jan 22, 2024

I agree, but filing for a reentry permit, requires you to be present in the United States. The processing time for a reentry permit can take a long time, perhaps, up to a year, maybe longer.

It is for this reason that you should consider all of your options, including shorter stays in...
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2 Answers | Asked in Contracts, Criminal Law, Immigration Law and Civil Litigation for District of Columbia on
Q: Should I take legal action on my u4u sponsor who have put my mental/physical health at risk,with force on being homeless

My sponsor under u4u, forcibly threw me out of the house and won't let me stay after 2 weeks of being the states. He knew I had health issues and risks as well. So I was already mentally, verbally, and physically abused. I have also been forced to stay in america and to remain homeless with... View More

Kevin L Dixler
Kevin L Dixler
answered on Jan 15, 2024

There are limited mechanisms to handle these situations. The best remedy is to be a good guest. Obviously, things sometimes do not work out. However, you are entitled to file for an employment authorization card.

In addition, you should seek the assistance of a not for profit, community...
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2 Answers | Asked in Immigration Law on
Q: petition filed by my brother for me was sent to second stage/updated quite quickly and after 4 months it was entered "

Hi

I am British citizen and reside in UK. I born in Pakistan.

My petition filed by my brother for me was sent to second stage/updated quite quickly and after 4 months it was entered " your case is taking longer than expected". Please note my brother filed petition for me... View More

Kevin L Dixler
Kevin L Dixler
answered on Dec 29, 2023

The U.S. has a visa quota system based upon the date of filing. This means that, even if approved, an applicant will have to wait many years before they can lawfully immigrate to the United States on a fourth preference visa.

The family based fourth preference category includes the sisters...
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2 Answers | Asked in Immigration Law and Health Care Law for Ohio on
Q: In Ohio, are emergency rooms allowed to ask a minor about their legal status? We have Medicaid.

We have Medicaid, I took my teen to the emergency room. They asked the usual questions but then asked her if she was born outside of the U.S. I felt very uncomfortable, never had anyone in an emergency room asked this before.

Kevin L Dixler
Kevin L Dixler
answered on Dec 22, 2023

Health care providers should not ask for immigration status information, nor make such inquiries! Citing the NILC, below:

"Under federal law, hospitals with emergency rooms must screen and treat people who need emergency medical services regardless of whether they have insurance, how...
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2 Answers | Asked in Immigration Law on
Q: Can I travel or live in USA with my 4 registered wives?

I'm currently married to 4 wives and it's legal in my country for polygamy but is there a way that I can either travel or live in USA with the 4 of them?

Kevin L Dixler
Kevin L Dixler
answered on Nov 24, 2023

No, a practicing polygamist is disqualified from seeking an immigrant visa. See 8 USC §1182(a)(10)(A).

Also, practicing polygamy is a crime. Therefore, a practicing polygamist and their spouses are also barred from admission in any non-immigrant visa status. That is, if it seems likely...
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2 Answers | Asked in Immigration Law on
Q: about providing my social media accounts to the US immigration forms. Do i need to include all or just main ones?

I have multiple social media accounts considered as irrelevant or joke dump or rant accounts that are private and inaccessible to the public, should I include them to my DS 260 form or not?

Kevin L Dixler
Kevin L Dixler
answered on Nov 24, 2023

Again, you are obligated to truthfully answer the questions. It can be a misrepresentation of material fact to leave out any social media usernames. Your actions are being reviewed for a multitude of reasons.

You are under oath when you complete the form and to intentionally omit (leave...
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2 Answers | Asked in Immigration Law on
Q: Do you have to submit all your social media accounts for the DS 260 visa form?

I have multiple social media accounts that is considered as joke or irrelevant dump or rant accounts that are not accessible to the public, as well as fan accounts for fandoms. Do I need to submit them to the DS 260 form or just pass the main accounts that are more relevant and informative?

Kevin L Dixler
Kevin L Dixler
answered on Nov 24, 2023

The question requires all applicants to answers truthfully. All social media accounts are subject to review to determine whether someone is inadmissible based upon INA Section 212. A decision to cut off the inquiry by excluding accounts can demonstrate a violation of INA 212(a)(6)(C)(i) for... View More

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3 Answers | Asked in Immigration Law on
Q: I was refused a student visa. I am now applying for a fiance visa. How do I explain the rejection without suspicion?

I am doing my masters in an online course in the US. I applied for a student visa and was rejected in May. I believe the reason was financial concerns but I can't be sure. I was never told. I am now applying for a fiance visa as my fiance got a job in the US and we are planning to get married.... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 17, 2024

Tell the truth. If you still have anxiety and concerns, then hire a competent immigration attorney to provide advice and instruction. Good luck.

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