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Questions Answered by Kevin L Dixler

2 Answers | Asked in Immigration Law for Nevada on

Q: Can i go back to my country to study college while waiting for my green card here in US?

btw im from the philippines

Kevin L Dixler answered on May 17, 2019

Much more information is needed. How did you enter the U. S.? Have you overstayed your entry card? Have you filed for adjustment of status?

I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.

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4 Answers | Asked in Immigration Law for Virginia on

Q: When do I actually file to remove Condition from my green card?

I have been married for a year in May 2019. I got my 2 year green card in February 2019 which is valid till February 2021. Do i remove conditions on my green card within 90 days of my second marriage anniversary or is it 90 days of the GC expiration date?

Kevin L Dixler answered on May 13, 2019

File within the 90 day period before the 2 year card expires. Otherwise, there can be complications if the petition is not received, not filed or otherwise rejected. Be forewarned that the form instructions are incomplete. That is why it’s wise to seek legal advice. Good luck.

The above...
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2 Answers | Asked in Immigration Law for Illinois on

Q: Can my husband apply for a green card if I sponsor him?

I'm a green card holder(obtain in 2018) and my husband is out of status. He's been brought to the USA as a minor and when he turned 21 his status expierd. If we apply for a green card for him, would he have to leave the country to be able to adjust his status? If he leaves he will get banned for... Read more »

Kevin L Dixler answered on May 14, 2019

More information is needed. Was he admitted, inspected and allowed to enter the U.S.? If so, what type of visa? Has he ever departed the U. S.? These, among numerous other questions should be answered before any further action is taken.

As a result, I strongly recommend an appointment with...
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1 Answer | Asked in Immigration Law for California on

Q: Is there a way for my boyfriend to come to USA so we can live together here?

I am a lawful permanent resident with a Green Card (won from the DV lottery; arrived in USA July 2018). My boyfriend of almost 3 years is living in the UK illegally. He is originally from India and has lived in the UK illegally since 2002. Is there a way for my boyfriend to come to USA so we can... Read more »

Kevin L Dixler answered on May 8, 2019

It will take a while. Perhaps, longer than you anticipate. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.

3 Answers | Asked in Immigration Law for Oklahoma on

Q: My husband has been going through immigration court his attorney told the judge my husband would be applying for asylum

Even tho I am a us citizen his wife and we have a child together we have filled out the i-130 on 10/29/18 we have not heard anything back. Fyi the attorney was the one who told us to fill it out and submit. My question is was the attorney doing good in saying my husband wanted asylum when the atty... Read more »

Kevin L Dixler answered on May 6, 2019

Your attorney may be doing all that is possible. The I-130 requires consular processing. He may need a waiver of inadmissibility for unlawful presence, but more information is needed. If there is a communication gap or you do not understand, then to figure out if your attorney is doing all that can... Read more »

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1 Answer | Asked in Family Law and Immigration Law on

Q: What to do in correcting wrong entries in a birth certificate?

My parents were not married. Yet i am acknowledged by my father and i am bearing his surname. However, there is an entry on the date and place of their marriage. How can i correct this? What to do? Does this entry if not corrected matters whenever i will get a visa?

Kevin L Dixler answered on Apr 27, 2019

It’s a fact unless your parents correct it. You cannot correct your parents information, perhaps, but it’s uncl whether you can omit it. It will depend upon the laws in the country of your birth.

I suggest that you discuss this with your parents before you take any action. Good luck....
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1 Answer | Asked in Immigration Law for Illinois on

Q: I was 12 at the time my father was Naturalized in 1990. Would I be eligible for automatic citizenship?

I am a US resident and have lived in the US since 1980. Only my father became Naturalized he passed in 2011. My mother has not become Naturalized. How do I know if I am eligible for the Acquisition of Citizenship?

Kevin L Dixler answered on Apr 23, 2019

No. You are too old to qualify for the CCA, which was enacted after you turned 18 years old. You must naturalize, take the exam and be reviewed for any other disqualification including deportation.

I strongly recommend an appointment with a competent and experienced immigration attorney...
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2 Answers | Asked in Immigration Law for New York on

Q: I am a permanent Resident of the USA. Am I allowed to write a letter of recommendation for a person who is detained

This person is scheduled to be ordained as a Priest this upcoming 4/27. He was at a Citizenship hearing but forgot a required paper . He was not allowed to leave to obtain the missing document and was detained by ICE. My Church is trying to help and has asked to right recommendation letters. Can I... Read more »

Kevin L Dixler answered on Apr 22, 2019

More information is needed. This sounds a bit more complicated than failing to bring in a document. Usually, people are taken into custody because they are deportable or were ordered deported. It is unclear whether the letter will be of much help. If the person is represented by a competent and... Read more »

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1 Answer | Asked in Immigration Law for Kentucky on

Q: my spouses family would like to help us purchase or payoff current house. Is this ok after applying for green card?

Her mother sending money over. Paying off house and then putting spouse name on the house. We were told to hold off on doing this. But it seems odd if we have the ability to pay it off soon

Kevin L Dixler answered on Apr 22, 2019

More information is needed. Who is telling you this? Why? Sometimes, such an action may complicate matters. Is the property in the name of the U.S. Citizen, or to be held jointly with the foreigner?

I strongly recommend an appointment or teleconference with a competent and experienced...
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2 Answers | Asked in Immigration Law and Appeals / Appellate Law for Florida on

Q: Can USCIS use a self employed persons write offs to deny them as a sponsor for a I-485

My wife's I-485 was denied this week because my evidence of assets doesnt meet the federal poverty line. They sent us an RFE in December asking to see my entire 2017 tax return and my bank statements for every month in 2017. My tax return showed that I grossed over 69k in 2017. I had over 87k in... Read more »

Kevin L Dixler answered on Apr 17, 2019

More information is needed. What date was the decision? Is it more than 33 days ago m? You may want to consider whether to file a motion to reconsider or a new filing. Many choose the latter, but it depends.

As a result, I strongly recommend an appointment with a competent and experienced...
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1 Answer | Asked in Immigration Law for Texas on

Q: Does bad credit or unpaid credit cards bills affect green card renewal?

Kevin L Dixler answered on Apr 16, 2019

In general no, unless you have committed fraud and there is a criminal conviction or warrant for your arrest.

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

1 Answer | Asked in Immigration Law for New York on

Q: Can my father sponsor me with his green card?

My father just received his green card. I'm 23 years old and I'm living in the U.S. with no status (my visa expired long ago). Right now we're just waiting until he earns his citizenship, so that he could sponsor me. But I'm wondering if there is any other way to speed up the process? I saw online... Read more »

Kevin L Dixler answered on Apr 15, 2019

It is unlikely that you can adjust status to a lawful permanent resident. You are not considered an immediate relative for immigration purposes. However, more facts are needed. I strongly recommend an appointment with a competent and experienced immigration attorney, who can learn more details... Read more »

2 Answers | Asked in Immigration Law for California on

Q: Will I lose my green card and can I naturalize in 5 years?

I obtained my 10-year green card after 4 years of marriage to my usc husband, in fall of 2018. We didn’t have to go through i751 because we had been married for more than 2 years when we filed. This month he filed for a divorce. We are still friendly and peaceful. Will I lose my permanent... Read more »

Kevin L Dixler answered on Apr 6, 2019

You are allowed to file for citizenship through naturalization after five years of lawful permanent resident status. You may be asked to document the relationship. It is always best to maintain an amicable relationship, if possible, with your ex-spouse. However, it is understood that... Read more »

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1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for Indiana on

Q: What is a motion for reconsideration bond determination mean I’m criminal court ?

My husband was arrested for domestic battery to a pregnant woman. I didn’t press charges. But the state picked up the case. There’s a no contact order. I’ve been very worried about if he will be deported. I think he has his residency and is in the process of getting his green card. If he is... Read more »

Kevin L Dixler answered on Apr 1, 2019

It means that he is likely in deportation court and his request for bond was denied. It’s unclear whether you can secure his release or file a well prepared motion to reconsider quick enough. He may be scheduled for a final hearing.

I strongly recommend an appointment with a competent...
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1 Answer | Asked in Immigration Law and Domestic Violence for Indiana on

Q: My husband was arrested DV & his visa is expired will he be deported

He’s being charged with 2 level 5 felonies for battery to a pregnant woman and one misdemeanor for domestic battery. As we are about to have a baby together I’m worried about him staying in the country

Kevin L Dixler answered on Apr 1, 2019

More information is needed. Is he a lawful permanent resident? How long has he lived in the U. S.? Were you physically injured? Is he being detained by ICE? Did you pay his bond? Was he released? Such questions are best answered in a confidential setting.

Immigration Court is in Chicago,...
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1 Answer | Asked in Immigration Law for Massachusetts on

Q: Green card holder, living outside US for 1.5 years.. can they travel back to US on green card (no valid i-131) ?

My parents visited US in on visitor visa, and I sponsored there green card. Now they are outside US for 1.5 years. My questions is:

1. can they travel to US on green card, after 1.5 years of gap (they don't have a valid 1-131, re-entry permit) ? green card is still valid.

2. there... Read more »

Kevin L Dixler answered on Mar 25, 2019

More information is needed. Why did they remain outside of the U.S. for over a year?

A lawful permanent resident green card holder is presumed by CBP to abandon their green card status when they do not make their principal residence in the U.S. for more than one year. If there is any...
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1 Answer | Asked in Immigration Law for Arizona on

Q: Got denied citizenship based on my entry

Hi, i entered the US in 2010 with green card, petitioned by my dad (US citizen) as unmarried son. However, i got married 14 days before i entered. Its been almost 9 years and i have petitioned for my wife, she got here in 2013 and we have 2 kids now(both US Citizens) i went for my naturalization... Read more »

Kevin L Dixler answered on Mar 22, 2019

You voided your visa category upon marriage, so you lacked the required status upon admission. The 1st preference category is “unmarried” child over 21 years of a U. S. Citizen.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney...
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1 Answer | Asked in Immigration Law for District of Columbia on

Q: Change of status waiting response from uscis

My mom entered the U.S on a B2 visa almost 6 months ago, her allowed time to stay is 6 months which are going to be completed in 4 days. She is from Venezuela and she is a cancer patient. during her time here she started to feel ill and she was rushed to the hospital. I don't want her to go back... Read more »

Kevin L Dixler answered on Mar 20, 2019

This is unfortunate. Some questions require more than a simple answer. It is best to discuss this matter with an attorney, who can counsel you on immigration law.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced a Immigration and visa...
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2 Answers | Asked in Immigration Law for Florida on

Q: my husband has a ICE hold.he illegally reentered in the U S after being deported.he is seeking Asylum can he get bond?

im a U S citizen and we are married with children together. my husband fled from Haiti. he was in hiding for months there. due to the corruption with the Policital war. he suffered life threating, turture, unthinkable abuse,lost of 30 pounds from starvation and thirst during his hide out. he is... Read more »

Kevin L Dixler answered on Mar 17, 2019

I agree. Justia is not the place to find a solution to his situation. Yet, it seems that he may have fallen victim to his own excesses. If not, then to questionable lawyering and impatience.

It will be important for you to find an appropriate attorney, who can take the time to evaluate...
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2 Answers | Asked in Immigration Law for Washington on

Q: I am US citizen, my son is a green card holder.my son has a 2 years old child who was born and resides abroad

can I ( as US grand parent) apply for my granddaughter for citizenship ?

Kevin L Dixler answered on Mar 17, 2019

Probably not. If your son managed to derive citizenship before his eighteenth birthday, this may help.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck!

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