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Questions Answered by Kevin L Dixler
3 Answers | Asked in Immigration Law for Illinois on
Q: I have a question about I-864A joint sponsor. I hope someone can help me to understand.

Last month, I got married to US Citizen and she does not meet minimum income requirements. Thereafter, I talked to my uncle and he said he and his wife together makes about 35,000 a year in total household income for year 2019 based on IRS tax filling. And, this was only for year of 2019.My uncle... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 10, 2020

It is wise to reach out for help, but I recommend that you take this matter more seriously. More information is needed, but there can be a challenge.

I strongly recommend an appointment with a competent and experienced immigration attorney who can take the time to carefully review before...
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2 Answers | Asked in Immigration Law for California on
Q: Do F-1 students have a deadline of submitting green card application? Is it the end of the student's 60-day grace period

My fiancee and I have been together for three years. She is on F-1 visa and she just graduated from her graduate school last month. We are going to get our marriage license on July 21 and her 60-day grace period will end on August 14. We plan to have a wedding ceremony later. I am just wondering if... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 8, 2020

No. The law allows you to file for adjustment of status if you were admitted and inspected into the United States. The fact that you fall out of status is not an issue, but being placed in removal proceedings for deportation complicates matter. There are additional restrictions that have been... Read more »

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2 Answers | Asked in Immigration Law for California on
Q: Considering to apply for naturalization in Jan 2021 as per my 4 years and 2 days continuous residency eligibility?

- I moved to US on Dec 29, 2016 but then went back to India on Jan 15, 2017 for 5 months 15 days as my grandmother expired and then came back on June 30, 2017 to US.

- After coming back I have stayed here and doing a job since August 1, 2017 and have all taxes filed without any gap and no... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 8, 2020

You misunderstand that law. You must be physically present for a continuous physical period at least 4 years, without significant disruptions. However, if you are NOT married to a U.S. citizen, you must have been granted lawful permanent resident status at least five years before attending a... Read more »

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3 Answers | Asked in Immigration Law for Pennsylvania on
Q: she some1 apply for citizenship if married in 2000 was denied twice. 2009 got greencard through citizen daughter.

Should my mom apply for her citizenship.

After she was denied her greencard in 2000 but later received it through her child.

Kevin L Dixler
Kevin L Dixler answered on Jul 8, 2020

More information is needed, but this seems complicated, and perhaps, the USCIS made a mistake in granting lawful permanent resident status. In addition, the USCIS can get confused if steps were not taken to clarify how she qualified when approved.

As a result, I strongly recommend an...
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4 Answers | Asked in Immigration Law for North Carolina on
Q: Question for N-400 application

Hi, I'm unsure how to answer the following question: have I ever been in jail or prison?

I was previously arrested and released on bail a couple hours later. Based on this situation how should the question above be answered? Yes or No

Thank you in advance!

Kevin L Dixler
Kevin L Dixler answered on Jul 7, 2020

You may want to rethink whether to file for naturalization. Some offenses can result not only in your naturalization being denied, but followed by detention, and deportation proceedings.

A criminal conviction for immigration purposes is defined different as a matter of law. This means...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Can a friend live with me while overstaying her visa with a pending exchange/extension in progress?

I have a friend who is here on a Q1 Visa. Due to the virus, she lost her job and is experiencing a hardship and cannot return home. And given the current situation, travel is not advised. I helped her file an exchange of status from Q1 to B2. Unfortunately we did this 5 weeks into an overstay... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 6, 2020

Why not? There seems to be extreme confusion. The concept of harboring an alien, at law, is terribly misunderstood by the American public! You are allowed to support a friend in her effort to change status.

She filed late, but in doing she may have challenges that were left unexplained to...
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3 Answers | Asked in Immigration Law on
Q: Can I file taxes “married filing separately”? my wife has no income and there for she will not be filing taxes but we..

we are planning on filing a petition for her legal status through our marriage will that affect us in any way?

Kevin L Dixler
Kevin L Dixler answered on Jun 29, 2020

This makes little sense. I strongly recommend an appointment with a competent and experienced immigration attorney to discuss the concern.

The above is general information, not legal advice, and does not create an attorney client relationship.

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1 Answer | Asked in Immigration Law for Illinois on
Q: Family at O’Hare on F4 I-864 Immigration Found Inadmissible

I have family at O’Hare that is currently being detained. They were declared inadmissible because they were missing a “wavier” in which CBP did not state which waiver. Is there anyway to help them get into the country before they are “deported” back to their home country of Germany?

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

If they were declared inadmissible and summarily excluded, then it will be extremely difficult to undo the damage before the order is executed.

If they are allegedly inadmissible, then only diplomacy by negotiation can undo the determination if a mistake was made. The costs and speed in...
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1 Answer | Asked in Immigration Law for California on
Q: What If someone's US visa (F1) got revoked for OPT violation and want to go to a different nation?

Someone I know is in this situation now he got an email from the consulate that his visa got revoked on unknown grounds, "This email is to inform you that your U.S. visa has been revoked pursuant to section 221(i) of the Immigration and Nationality Act (INA) and is no longer a valid travel... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

No. This persons will be unable to enter the U.S. They will also have trouble seeking a new visa to enter the U.S., but the EU and Australia are separate matters unrelated to any decision by a U.S. Embassy. Good luck.

The above is general information, not legal advice, and does not...
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1 Answer | Asked in Immigration Law on
Q: Ive been deported from the U.S in 2017 because immigration found out I was working there illigal.how can I re-entry?

Hello,it s Riccardo here,i was deported in March 2017 in Miami airport.They found out I was working illigal when I was trying to comeback to Miami after a short holiday to sud America .The immigration officer that day told me I could actually re apply for the visa after 1-2 years but It was not... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

You were summarily excluded at the airport without a hearing before an immigration court. That means that you will eventually have to file a request for 'advanced permission to re-apply,' among other responsibilities before USCIS and the State Department can consider a different visa... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: New asylum laws, will they pass on new or old cases, or will they cover all cases that are heard in the courts?

Will the new asylum decisions affect all applicants in the past who have traffic violations such as aggravated speed and have been reduced to a petty crime? Is there sufficient reason for refusing asylum? Or take it as a reason against the person

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

If your case is still pending, and a decision is not final, then any regulation that 'actually goes into effect' will impact you if it is effective before a final decision. That is, unless the regulation is somehow modified to indicate otherwise.

The current regulations are...
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2 Answers | Asked in Immigration Law for Florida on
Q: I have a pending asylum case. My parents got US citizenship. As I know they can petition for me as for a relative.

I am unmarried 30 years old. Me parents became citizens of the US. Now I am in the US, waiting for interview, because I have pending asylum case. As I understand, my parents can fill Form I-130, Petition for Alien Relative. But am I qualify for Adjustment of Status? Should my parents fill Form... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

Answer 1: Not necessarily. Answer 2: Probably not, but more information is needed. It may be in your best interest for your parents to file a form I-130 as soon as possible, but more information is needed!

It is not what you believe. You are subject to visa quotas. The Family first...
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2 Answers | Asked in Immigration Law on
Q: when exactly are CONDITIONAL green cards avoided?

I was explained that "if you have been married for less than 2 years at the time of adjudication of the request for your resident status then you will be granted the conditional status". Does that mean 2 years after which of the following:

* approval of i130

* medical... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

If 'more than two years' have elapsed from the marriage date to entrance into the U.S. 'or' when adjustment of status is granted, then the marriage visa holder is admitted as a lawful permanent resident, not just a conditional resident, who must take the additional step of... Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: my wife needs to renew her resident card but wants to try for citizenship.

she previously applied and was denied due to her interview. should she reapply or just renew her residency

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

More information is needed. A question like this requires a careful review of the decision denying naturalization. What is clear is that she cannot travel nor obtain new employment without an unexpired lawful permanent resident card. As a result, I strongly recommend an appointment or Zoom/Skype... Read more »

3 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for Wisconsin on
Q: I have a DUI homicide case on my record, can I apply as a petitioner to have my fiance come and marry me with a K1 VISA?

I was 17 years old when it happened. My sentence was 5 years prison time 5 years extended suppervision. Im 32 now and its the only blemish on my record.

Kevin L Dixler
Kevin L Dixler answered on Jun 27, 2020

It is likely, but more information is needed, but you should probably work with a competent immigration and visa attorney in case there are discretionary issues that create confusion for you. There may be more than one option.

If the questions are improperly answered, and that is not...
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2 Answers | Asked in Immigration Law on
Q: Am I a U.S citizen?

Im 18 years old and I live with my parents in Spain, I would like to claim my citizenship through birthright, when I was born my dad was an American citizen but he didn't stay in America for 5 years or more, is it then possible to claim it through my grandparent?

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

I agree. However, it can be difficult to unearth evidence for deceased grandparents. Often, some of us who have grandparents from other nations find it difficult to locate enough evidence to prove that we derive citizenship, elsewhere. It is unclear that you want to hire an attorney to take care... Read more »

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1 Answer | Asked in Consumer Law, Identity Theft and Immigration Law for Wisconsin on
Q: Will this affect my green card application?

My friend from China scammed me. He said his business is legit and he asked me to collect payments and send it to him. My bank closed my accounts because of it and deducted money to my other accounts to send the money back to people who marked me as fraud. Will this affect my application to get a... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 27, 2020

Yes!

If this just happened, a Federal investigation may be pending. If you spoke to Federal Officers, then you may be subject to further action in criminal court. This will delay any action and may even result in detention and deportation.

I strongly recommend an appointment with a...
Read more »

4 Answers | Asked in Immigration Law for Florida on
Q: I have a pending asylum case. My parents got US citizenship. As I know they can petition for me as for a relative.

What are cons and pros of it? Will this petition affect my employment authorization? Will it affect my asylum case? Should they do it or not?

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

I agree with Mr. Vega. I posted an answer to this, earlier. It is unclear whether you will need to return to your home country to consular process. You can fall out of status while you await a final decision on your asylum petition with the immigration court. As a result, I strongly recommend... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: Will my Unemployment benefits affect my wife's petition?

My wifi was unable to pass through the first interview because of income insufficiency. But now I have sent her my 2019 income tax form which meets the requirements. However she has not received her Visa.

Kevin L Dixler
Kevin L Dixler answered on Jun 19, 2020

If your wife has been denied as likely to become a public charge, then she is inadmissible. If more than 1 year has elapsed since the decision, then you may need to file, again. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are... Read more »

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3 Answers | Asked in Immigration Law for California on
Q: What does "NO REPRESENTATIVE OF RECORD" mean in plain english Thank you R. Conlan
Kevin L Dixler
Kevin L Dixler answered on Jun 18, 2020

It means that you represent yourself. If you have an attorney, then the attorney has not been able to entered a properly prepared appearance form to the satisfaction of USCIS, ICE, or the Department of Justice. It can also mean that one of the agencies did not see the form attached to the... Read more »

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