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Questions Answered by Kevin L Dixler
3 Answers | Asked in Immigration Law for Florida on
Q: Hi if i have a 10 years green card residence in the us can i do the residence process for mom and Dad please?
Kevin L Dixler
Kevin L Dixler answered on Jul 31, 2021

No, you must be a naturalized U. S. citizen to petition your parents. In addition, your parents must be admissible and cannot bring their underage children as derivatives.

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2 Answers | Asked in Immigration Law, Employment Law, Civil Rights and Employment Discrimination for New York on
Q: My job asked me to share my college transcripts & diplomas to submit to U.S. immigration to help a new hire get a visa.

I work in NYC, at will, salaried. My employer requested that I share my diploma and transcripts so that they can share them with immigration officials to help a new hire get a work visa. My employer did not indicate that the request was optional. Can they legally request that? Can they share my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 26, 2021

The USCIS has gotten extremely obnoxious to employers for H1-b visa applications. The unrighteous restrictions placed upon lawful non-immigrant/immigrant employment visa applicants smothers the U.S. economy due to bigotry and ignorance. They used to allow 200,000 H1b visas in the 1990s, but it... Read more »

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1 Answer | Asked in Employment Law, Immigration Law and Workers' Compensation for Maryland on
Q: employer asking me to pay him money for my H1B visa transfer

Employer didnt find me a project for 5 months. He didnt pay me salary and is asking me to pay for the one month salary paid during the no work period, H1B transfer. He is threatening to collect it from my reference person incase I fail to pay.

Kevin L Dixler
Kevin L Dixler answered on Jul 14, 2021

Well, this seems like a questionable action, but you appear to have fallen out of status. This appears to be a less than bona fide employer. There is outstanding salary that you are entitled to, but you will have to file a complaint with the Department of Labor.

Your decision to remain...
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3 Answers | Asked in Criminal Law, Divorce and Immigration Law for Georgia on
Q: Can the following message from my wife be considered extortion?

You don't know! This is going to be my lat talk to you, do not ask me any more, I need 2 thousand dollars to pay the hospital and the anesthesia, if you don't guive to me I'm done with you at this I you not look back, think and like I said , I need the money not good talking, only... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 6, 2021

No. It’s also unclear if she relied upon you to purchase medical insurance and now she has consequences as a result. Do you even live with her?

If you married solely to get a green card, then the situation gets more complicated, even potentially criminal. She shouldn’t be marrying you...
Read more »

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2 Answers | Asked in Immigration Law for Missouri on
Q: Can a Brazilian with a tourist visa get married 2 days after arriving in the us ?
Kevin L Dixler
Kevin L Dixler answered on Jul 1, 2021

What you can do, and should do, are two different issues. However, the potential consequences should be discussed at an appointment or teleconference with a competent and experienced immigration attorney, like myself, who practices family based immigration and handles adjustment interviews at the... Read more »

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1 Answer | Asked in Immigration Law for Oklahoma on
Q: Hi please I need a little clarification on this.

I received my greencard today in the mail, me and my wife got married 5/2/2018, I had my 1-130 petition filed June 2018, and my visa was approved in March 2021,I got admitted into the state on 3/20/2021 , so today I received my greencard in the mail and it say CR1 and it’s a 2years GC, my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2021

The USCIS made a mistake. You may want to call the 800 number to request an ADIT appointment at your local USCIS Field Office, but that can take a while. You may instead prefer to file form I-90 to ask for the correction, and send a copy of the card. However, it is unclear whether the lockbox... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: What can my son do if his wife refuses to return to the US after a visit to Thailand.

She is in the US legally. Came on a Fiance visa and they got married. They have a son, born in the US. The 3 of them would go for a visit, but she might not want to return to the US with the boy.

Kevin L Dixler
Kevin L Dixler answered on Jun 23, 2021

This is a challenge. There appears to be domestic issues that need to be resolved. Perhaps, marriage counseling is needed in Thailand.

If his wife wishes to abandon her lawful permanent resident status, and live in Thailand, then she and your son need to decide whether they can remain...
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2 Answers | Asked in Immigration Law for Washington on
Q: If I am detained in county jail for 10-20 days, will I be deported?

I have a few small things on my record, and I was just charged with 2nd-degree assault. Although I was younger than 18 for everything on my record, I was tried as an adult for this charge and I am now facing jail time for 10-20 days.

Kevin L Dixler
Kevin L Dixler answered on Jun 17, 2021

The answer depends upon the 'few small things.' Immigration law mandates removal for multiple crimes involving moral turpitude. If you were tried as an adult, then that may have been a mistake made long ago. It is unclear whether the criminal conviction orders can be re-opened, which is... Read more »

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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: What are the options to work and stay in the country apart from H1B Visa?

I am international student and currently on F1 Visa. I have substantial degrees Bachelor's, Post Graduate from India have completed my MS Marketing in the U.S and soon will be conferred with MBA in U.S. I have 20 years of work experience with 3.5 years (OPT/CPT - 40 HOURS) within U.S. I am... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 13, 2021

The decision in the 1990s not to make permanent, the 200,000 visa cap pretty much created the professional work visa mess of the 2000s.

Most will find the road to seeking a work visa cost ineffective. There may be other visa options for some, but not for others.

As a result, I...
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1 Answer | Asked in Immigration Law and Employment Law for California on
Q: Can the minor child (17) of someone currently on a work visa waiting to receive their green card work legally in the US?

17 year old hopes to find work while her mother is waiting to receive her green card. She has already applied and has been waiting for a while, her daughter wants to get a summer job in the meantime to help support the family. Is the daughter eligible to work if the parent is on a legal sponsored... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 12, 2021

Not this summer. The daughter must be a derivative beneficiary. That is, she must be able to qualify for adjustment of status based upon her mom’s current immigrant visa. This requires an understanding of how the current visa bulletin works.

I strongly recommend an appointment with a...
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2 Answers | Asked in Immigration Law for California on
Q: Awaiting marriage-based i751+citizenship approvals. Lost job yesterday. Should I avoid asking for EDD/Foodstamps/else?

I rather not take any risk, and I also don't want my wife liable (even though we file taxes seperately).

I tried reading here: https://www.uscis.gov/archive/public-charge-fact-sheet and also here... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 8, 2021

The issue is different at this point, but can create complications. Are you living with your wife? Are you having a relationship? If your wife is employed, then the issue is whether you actually qualify to accept benefits. Are you committing fraud by accepting benefits that you are not lawfully... Read more »

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2 Answers | Asked in Immigration Law for Texas on
Q: Obtaining certificate of non-existence

I am originally from the Netherlands and reside in the US without legal status. I just found out yesterday my mother is dying and I need to return to the Netherlands. I am already trying to obtain a Laissez- Passer/Emergency Passport from the Netherlands but I was told I also need a certificate of... Read more »

Kevin L Dixler
Kevin L Dixler answered on May 27, 2021

This is likely something that you could have been warned about if you had an reasonable appointment with a competent and experienced immigration attorney.

Life encourages many to give up their indefinite plan to live in the U.S. The unlawful presence bar is often unforgivable for some who...
Read more »

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2 Answers | Asked in Immigration Law for Texas on
Q: My green card expired while waiting to be approved for citizenship. Do I need to renew my green card?
Kevin L Dixler
Kevin L Dixler answered on May 25, 2021

If a lawful permanent resident changes jobs or needs to travel, then they must have evidence of immigrant status for travel, CBP and I-9 purposes, respectively. In general, a lawful permanent resident must have proof of their status should they be subject to inspection. Otherwise, they can be... Read more »

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1 Answer | Asked in Child Custody, Contracts, Immigration Law and Appeals / Appellate Law for California on
Q: I found out that my old friends mom is using me as a reason to get custody over her daughter. Is this legal?

She thinks I’m a bad influence because she made assumptions about me. I haven’t hung out with her daughter in over a year or even gone to their house in two. She thinks that her dad will let me hang out with her but her dad and step mom hate me to.

Kevin L Dixler
Kevin L Dixler answered on May 7, 2021

How is this an immigration question? It seems like a matter that involves child custody. You may have rights, but may lose them if this is your child.

I strongly recommend an appointment with a competent California domestic relations attorney that handles child custody issues. Good luck!

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Alabama on
Q: Why my AL DL says FN? My previous ones used to be normal. Have Permanent Residence card for 30+ years.

2009 Alabama Code

Title 32 — MOTOR VEHICLES AND TRAFFIC.

Chapter 6 — LICENSES AND REGISTRATION.

Section 32-6-10.1 Foreign national Alabama driver's license /non-driver identification card/vessel license.

Section 32-6-10.1

Foreign national Alabama... Read more »

Kevin L Dixler
Kevin L Dixler answered on May 6, 2021

Because the current elected officials of the State of Alabama likely have some misperceptions about immigrants and want to label you.

If you don’t like the label, complain to your ‘State’ representative and Senator. What it is doing ‘may’ be against Federal law in that it may...
Read more »

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2 Answers | Asked in Immigration Law for Ohio on
Q: Can I file I-485 (AOS) while my f-1 reinstatement is pending with USCIS.

I received an approved i-130 for unmarried son of US citizen F-1 category and thought i was in the clear.. stopped taking classes fell out of F-1 student status as a result.. when priority date became current, seeking advice I realized my mistake and applied for f-1 student reinstatement as fast as... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 22, 2021

This seems problematic, but more information is needed and quite soon! How long ago have you fallen out of status? Have you engaged in unlawful employment? The change in plans, that is, the desire to immigrate can impact upon your right to reinstate F-1 student visa status. Yet, there may be... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: Where do I start? Can I get an EAD without applying for the I-485 concurrently?

I have a daughter that is 20 that is my preparer and translator. She is trying to help me get an EAD. I had one but it expired in 2007. I came to the USA legally with a visa in 2002. My EAD was in c09 status. All my documents have expired. My passport/visa. Parole paper, EAD. Also I’m here in... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 22, 2021

More information is needed. If your EAD was based upon c(09) status, then it was due to a pending adjustment of status at that time. However, you never adjusted status. We need more information on what took place around 2007 that prevented you from becoming a lawful permanent resident before... Read more »

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: I want to block online search results of my immigration case decision details issued by the appeals court

for safety and privacy concerns, what is the best option, or any attorney who can petition the court?

Kevin L Dixler
Kevin L Dixler answered on Apr 14, 2021

If you don’t share your alien number, they can’t access the info. That said, few really know how to access. You must decide whether to stay, then risk detention and removal if the decision is against you!

If not, then it suggests that you were successful in getting relief, so you should...
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4 Answers | Asked in Immigration Law and Tax Law for Florida on
Q: hello, i need help sponsoring my foreign spouse

i, the sponsor and household member have a combined income to meet the minimum required amount to sponsor a relative but both of us weren't required to file taxes since i started a job late December 2020 with first paycheck in January while the household member started a job in November and... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 14, 2021

More information is needed. However, if you received a fee bill, paid, are 'now' being asked to file the affidavit of support at the National Visa Center, then it is likely that you will need a joint sponsor to complete a second affidavit of support. You ought to seek assistance with a... Read more »

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1 Answer | Asked in Divorce, Family Law and Immigration Law on
Q: What to do if your husband still chasing you and you have now a boyfriend. I want to file divorce but he dont want. Thx

I have a difficult situation right now. My husband is blackmailing to complain embassy coz i have a boyfriend and we are married. He want us to deport. My question is, how can i deport him?

Kevin L Dixler
Kevin L Dixler answered on Apr 11, 2021

Again, more information is needed. How is he blackmailing you? You can file for divorce where you believe there are reasons, then have the attorney request an order of protection, perhaps. The violation of an order of protection can cause complications. However, it is unclear whether you are taking... Read more »

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