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Questions Answered by Kevin L Dixler
1 Answer | Asked in Immigration Law for Florida on
Q: I applied for a return visa to france on the 5th of november, it has been almost 3 months and nothing, can I sue them?

I am a moroccan student who studies in france through a staying permit and came to the US as an exchange student. I lost my wallet including my staying permit in the united states. So I applied for a visa to go back to france on the 5th of november. My us visa ended on the 17th of december and I... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 23, 2022

It is unfortunate, but losing visa documents can prove devastating. It seems that you have chosen not to leave, so you have fallen out of status. The longer that you stay, the less likely that you will be able to return. Your U.S. visa may be eventually be canceled or revoked.

Given,...
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2 Answers | Asked in Immigration Law for Vermont on
Q: Hi, I'm an Au pair and my boyfriend asked for my hand in marriage. I'll finish in May. Should we get married before?

The DS 2019 finishes in May 8th. However, I'll have my visa until Abril 14th. When should we get married?

Kevin L Dixler
Kevin L Dixler answered on Jan 21, 2022

Get married when you’re both ready.

Seek more legal advice from a competent immigration attorney before you both make a decision as to how to process before there are any other complications.

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3 Answers | Asked in Immigration Law for Oregon on
Q: What forms are needed for a spouse to stay in the country legally?

My husband is from the UK here on a tourist visa. What forms do I need to fill out so he can stay??

Kevin L Dixler
Kevin L Dixler answered on Jan 18, 2022

It's more than forms, it is also evidence of the relationship. Nevertheless, some applicants need to file fewer forms than others. One size doesn't fit all, as it is said. The forms required can change and be updated with little notice. Some forms don't require a filing fee, but... Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: Im alien and my wife has a green card. Can I get green card while she has residence? Should I wait till her citizenship?

My wife has a green card. Im interesting if im alien is any way to get residence or I have to wait untill her citizenship? If so, is it true that I can apply for residence in the same time when she will apply for citezenship? Thank you

Kevin L Dixler
Kevin L Dixler answered on Jan 16, 2022

More information is needed. Are you in valid non-immigrant visa status? Or have you fallen out of status or has your stay expired?

There are also other issues that can complicate matters. I strongly recommend an appointment or teleconference with a competent and experienced immigration...
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1 Answer | Asked in Divorce and Immigration Law for California on
Q: If I marry a man whom has dept bills from his previous marriage, divorced in 2012 can those collection agencies,

Come after property that's in my name?

Kevin L Dixler
Kevin L Dixler answered on Jan 15, 2022

This is a collection and marriage based question that has less to do with immigration unless he will petition you and you may need a joint sponsor.

It will depend upon your State’s credit card laws concerning debt.

2 Answers | Asked in Divorce and Immigration Law on
Q: If a husband commits a crime, and the wife wasn't involved but still gets affected by it, why is that?

My mother and father seem to be in a hassle at the moment, my father committed a crime for trying to cross drugs and got sentenced to jail for about 8 months. At the time my mother was responsible for us but was not involved in anything that my father had done, she was taking care of us. However,... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 16, 2022

Knowledge is not required. It’s strict liability, which means that if it’s true, then you and your mom, among others, are inadmissible as the immediate family member of a drug trafficker. The visa should be revoked as a matter of law. Congress passed this law. Only Congress can repeal it. This... Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: N400 or N600 as the child of a USC who came to the US at age 20 with Resident Card category IR2?

I was Born in 1997 in Haiti. I came to the US 2017 while I was 20 years old on a Green Card category IR2. My mother is a Haitian citizen and still living in Haiti with no tight to the US as for my father, he became a USC in 2010 while I was 13 years old. Now I am caught between the rock and a hard... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 14, 2022

If you were admitted into the U.S., as a green card holder, at the age of 20 years, then you cannot derive citizenship through your father. That means that you should consider whether to file a form N-400. This, after you have five years of uninterrupted lawful permanent resident status. Still,... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Can breach of contract be a reason for revocation of green card?

I am an RN who was petitioned by an employer. My green card has already been issued. I resigned after 6 months of being employed with them due to unhealthy work environment therefore resulting to breach of contract and some penalties that I am willing to settle. Will breach of contract be a reason... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 13, 2022

It is unclear whether the employment contract is enforceable as a matter of Federal immigration and labor law. There is sometimes confusion in local courts. You were lawfully admitted based upon a position. The position was offered to you for an indefinite period of time based upon a shortage of... Read more »

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1 Answer | Asked in Child Support, Divorce, Family Law and Immigration Law for Texas on
Q: Hi. I’m a lawful permanent resident. I’m in Texas and currently needing advise with regards to divorce/child support.

I’m a lawful perm resident. I came along with my two minor kids to usa on a k1/k2 visa. My husband signed both ai-134 and I 864.We also had a child during our marriage who is now 3.He moved out after we experienced ongoing issues regarding abuse towards myself and my children.We have been... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 12, 2022

More information is needed, perhaps, but this is likely more of a divorce question than immigration. You are a lawful permanent resident, not a conditional resident, correct? You should file for citizenship by naturalization, since you seem to have been a lawful permanent resident/conditional... Read more »

1 Answer | Asked in Family Law and Immigration Law on
Q: I want to come to the SC state to apply for divorce as my husband residing there. How can I come? Plz guide me.
Kevin L Dixler
Kevin L Dixler answered on Jan 7, 2022

More information is needed. Where are you from? Do you have enough money to support yourself during litigation? Is it an uncontested divorce? Will you return to your country of citizenship? Did you apply for a non-immigrant visitor visa?

I strongly recommend an appointment or teleconference...
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2 Answers | Asked in Immigration Law for California on
Q: I’m in f1 visa , and I can ave no intention to go university, is that a problem if I start asylum issue without going un

I really can’t go back to my country because I have some serious problems affect on my life

Kevin L Dixler
Kevin L Dixler answered on Jan 7, 2022

Yes, you were lawfully admitted, so that you can go to the University or School that provided the I-20 form. You have one year from your admission into the U.S. to properly file for asylum. Serious problems may not be enough. You must demonstrate to the satisfaction of U.S.C.I.S., not your... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: I’m in f1 visa type , if I didn’t go to university and starting working in asylum issue is that a problem ?

I really can’t back to my country because I have serious problems affect on my life

Kevin L Dixler
Kevin L Dixler answered on Jan 7, 2022

More information is needed. However, the decision not to attend University means that you have fallen out of status, which can result in being referred to immigration court for removal if the U.S.C.I.S. is unable to approve your asylum application.

You have one year from your admission...
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2 Answers | Asked in Immigration Law for Missouri on
Q: Hi, I cosponsored a family member due to petitioner income not being sufficient 6 years ago.

The beneficiary has been deceased since 2019. I currently would like to petition for my husband, would it be considered that I petitioned before or would the answer to the prior petition be no

Update: just want to clarify. Nothing has been asked of me. I joint/cosponsered a relative with my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 7, 2022

There’s a bit more going on, here. You can be asked for evidence that the jointly sponsored alien is actually deceased. Otherwise, he may deemed as a dependent and you can be viewed as misrepresenting on the form I-864.

It’s also unclear whether any financial responsibility has accrued....
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2 Answers | Asked in Immigration Law for Connecticut on
Q: Is it illegal to scam someone with a promise of marriage to get citizenship in the US?

I am a senior on ssi for a disability. Fter spending a large amount of money then paying for citizenship in the US I was treated very bad and blocked then to be told she would talk to me if I sent her money again.

Kevin L Dixler
Kevin L Dixler answered on Jan 5, 2022

It is unclear how you are getting SSI Disability, since you seem unqualified, but more information is needed!

There must be reciprocal love and mutual moral support between a couple in order to commit to marriage as a matter of immigration law. If a foreigner marries a U.S. citizen...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Is my 17 year old eligible to fill out her fee waiver form and N-600 form by herself or a parent is required to do it?
Kevin L Dixler
Kevin L Dixler answered on Jan 5, 2022

If she is over 14 years old, she can sign the N-600 form. The instructions for all forms including the fee waiver form are at https://www.uscis.gov/sites/default/files/document/forms/i-912instr.pdf

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: What form does my 17 year old needs to fill out to become a US citizen. Her mom and I recently became citizens (N600)?

I am 51 year-old male with 2 daughters and a spouse. My spouse, I and our older daughter (22) recently became Unites States citizen (N-600). My younger child still holds a green card. She is 17 years old (born in 2004). What form do we need to fill out next for her to become a US citizen.... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 5, 2022

A child may derive U.S. citizenship before her 18th Birthday, where her biological parent naturalizes. If she seems to have derived U.S. citizenship, she is required to file form N-600. If not, then she must file form N-400 after she turns 18 years old. She can try to file for a fee waiver, but... Read more »

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1 Answer | Asked in Immigration Law for North Carolina on
Q: The place of birth on the birth certificate is different from the place of birth on my passport.

I am an Indian citizen on H1B, and I am applying for I-140 and I-485. The place of birth on my passport is different than the place of birth on my birth certificate. They are neighboring towns in the same state and district. It was an accidental error on my behalf during my initial passport... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 4, 2022

Confusion over issues of identity complicate a filing. It 'was' best to have corrected this information before you went forward with 'any' visa processing. Otherwise, it can eventually be viewed as a misrepresentation. Whether this is an innocent or material misrepresentation... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: Can you apply for an immediate family green card while having a different-category green card pending?

Hi, can I apply for marriage based green card while having a pending case for a green card ( from a parent) that is expected to take another 3-4 years to complete? Do I need to withdraw from the old one or I should just only mention it in the new application where they ask?

Kevin L Dixler
Kevin L Dixler answered on Jan 4, 2022

I agree, but your parent 'does not' have to withdraw the old petition. It remains a petition, perhaps approved, nothing more. It has no effect on a spouse's right to simultaneously petition you. There may be reasons to maintain a petition that is not ready for consular processing.... Read more »

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1 Answer | Asked in Immigration Law on
Q: What do we do if we are not allowed to cross the U.S.A border for no apparent reason.

My family and I had a green card to america but on 2018 while heading to america they told us that we had the green card for too long so that we needed to appear in court in 2018 while apperaring in court my wife and two kids told them they don't want the green card anymore but we want to be... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 1, 2022

This seems unfortunate. A green card is to live permanently and primarily in the U.S. on an annual basis. It should not be used as a glorified visitor visa. Otherwise, lawful permanent status can be determined to be abandoned.

Apparently, the Department of Homeland Security ‘may have’...
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2 Answers | Asked in Immigration Law for Connecticut on
Q: I have a friend from Brazil in the united states on a tourist visa. She was engaged but they have broken up.

Her sponsor is her ex's sister. They have been mistreating her and trying to get her to go back to him. There has not been physical violence but she works with her sponsor. She only wants out of her sponsor. She works hard and wants to stay in the united states but doesn't know what she... Read more »

Kevin L Dixler
Kevin L Dixler answered on Dec 31, 2021

More information is needed, but there seems to be hope. I work on CT cases out of Hartford. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications.

The consequences of a minor mistake, such as...
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