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Questions Answered by Kevin L Dixler
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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2 Answers | Asked in Immigration Law for Michigan on
Q: If the American citizen sponsor of a I-751 petitioner is asked to attend a follow up interview what should he expect?

Surprise USCIS home visit by two agents. They find the couple unexpectedly separated for 3 months. They interview both the petitioner and her sponsor in their separate homes. Two days later they contact the American sponsor and ask to meet again for follow up questions. How bad has the... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 2, 2023

It seems that no effort was made to update the USCIS, but there is likely a reason why the USCIS referred the matter to the Fraud Unit for investigation. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. A finding... View More

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4 Answers | Asked in Immigration Law for Alabama on
Q: How can I become a green card holder without marrying?

I have 2 kids born in the us.

Kevin L Dixler
Kevin L Dixler
answered on Oct 27, 2023

Your children must not only be 21 years of age to petition, but also willing to petition you and be able to support you based upon the minimum level of income required based upon three years of tax returns.

Such actions may not necessarily take place unless they qualify and are willing to...
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3 Answers | Asked in Immigration Law for Washington on
Q: I applied for a Fiancée visa, it was approved, my fiancée is visiting , can we get married and apply for her GC now?

Still waiting for the Fiancée visa interview at the Cd Juarez consulate. My Fiancée is here with me on a tourist visa. If we get married now, will that affect the application for her green card?

Kevin L Dixler
Kevin L Dixler
answered on Oct 16, 2023

If she uses a B2 visa, when she intends to marry and immigrate, then this can result in complications for the admission, adjustment and/K1 visa. It may even effectively doom the engagement.

I strongly recommend an appointment or teleconference with a competent and experienced immigration,...
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2 Answers | Asked in Immigration Law for Florida on
Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case.

After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case.

Kevin L Dixler
Kevin L Dixler
answered on Oct 8, 2023

As long as it wants. It may make another decision depending upon how the decision is worded, which may require another appeal. Your only option, if an unacceptable delay takes place, is to file a writ of mandamus in Federal Court to demand a decision.

Yet, there may be other options, so...
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2 Answers | Asked in Immigration Law for Texas on
Q: Can I apply for a tourist Visa if I had DACA when I was 16 years old and left the USA when I was 17 years old?

I was an illegal resident since I was 1 years old until I got approved for DACA when I was 16 years old. An year later, due to a death in the family, my parents decided to go back to Mexico and I did not apply for advance parole. My DACA expired and I was not old enough to make my own decision in... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 7, 2023

The law creates complications. The law presumes that you have immigrant intent, so being approved for a visitor visa seems very questionable. There may be other reasons to deny the visa application.

I strongly recommend an teleconference or Zoom Meeting with a competent and experienced...
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2 Answers | Asked in Immigration Law for Kentucky on
Q: Can my fiance from the UK get married to me in the US and adjust her status with ESTA?
Kevin L Dixler
Kevin L Dixler
answered on Sep 23, 2023

A non-immigrant visa waiver applicant at the airport who has immigrant intent should be denied admission as a matter of law. To better understand the legal process, I strongly recommend an appointment with a competent, ethical, and experienced immigration attorney before you take any further... View More

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2 Answers | Asked in Immigration Law for Georgia on
Q: Can someone who entered US with immigrant visa & has already paid the $220 green card processing fee leave US

Can someone who entered US with immigrant visa & has already paid the $220 green card processing fee leave US before receiving their green card in the mail? Because he is a student in the middle of the school term.

He is a student in the middle of the schools term. His mom will stay... View More

Kevin L Dixler
Kevin L Dixler
answered on Sep 18, 2023

No. If you leave too soon, you can abandon your lawful permanent resident status, especially, if you never get the card in the first place. It can take a while for the card to arrive.

You need to establish yourself as a lawful permanent resident by living and working in the United States,...
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2 Answers | Asked in Immigration Law for Texas on
Q: Indian parents on tourist visa and currently in the US. Having baby in 1 month. Visa extension.

.

Kevin L Dixler
Kevin L Dixler
answered on Sep 7, 2023

Extensions of visitor visas may create concern on future trips to the U.S. If the extension is denied, then this can cause challenges during future visits or visitor visa renewals.

If you value your parents periodic visits, then you ought to avoid using them as baby sitters unless they are...
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2 Answers | Asked in Immigration Law and Criminal Law for Georgia on
Q: Have a immigrate serving life but just got letter for deportation. Will he be deported?

He was found guilty of Malice, assault and felony murder. And charged with life with out parole under the state of Georgia judge. He is currently serving time and has been for over a few years now, but recently went in front of a immigration judge and has been ordered to be removed back to Jamaica... View More

Kevin L Dixler
Kevin L Dixler
answered on Aug 18, 2023

This seems like a complicated situation that must be described better before anyone can understand and answer.

First, how are you related to to the person with the immigration problem? Second, what, if anything, were they arrested and what exact offense(s) (law) were they arrested for,...
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1 Answer | Asked in Immigration Law on
Q: DO I HAVE TO HAVE ATTORNEY FILL OUT I-589 APPLICATION FOR ASYLUM AND FOR WITHHOLDING OF REMOVAL.

I WENT TO UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

HARLINGEN IMMIGRATION COURT AND WAS GIVEN THIS APPLICATION

Kevin L Dixler
Kevin L Dixler
answered on Aug 16, 2023

That’s for you to decide! You are now in removal proceedings being charged with deportation or inadmissibility. If you lose, most foreigners often never get another chance!

It is unclear if you qualify to seek asylum, Convention Against Torture relief, or Withholding. Each have limits,...
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1 Answer | Asked in Immigration Law for Illinois on
Q: TN Visa and 1099?

As a Canadian citizen, am I allowed to establish an LLC in the US and get paid via 1099 instead of W-2? I would be in contract with a US-based sponsor for my TN visa of course. Based on what I read, I cannot sponsor myself using an LLC that I establish in the US, but I would not be doing that.

Kevin L Dixler
Kevin L Dixler
answered on Aug 13, 2023

If you are employed for more than 183 days, then you are a tax resident. If you are employed in TN status, then you are not an independent contractor, so the W-2 form is the appropriate form, not the 1099.

Creating a company can cause confusion as to whether you are engaged in employment...
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1 Answer | Asked in Immigration Law and Traffic Tickets for North Carolina on
Q: (N400 citizenship) So I got a speeding ticket in 2019 it was reduced to improper equipment, I paid the fine of $250

I mentioned this ticket to my lawyer later on I came to find out he marked yes to question 24 and 25 on part 12 of the application. Which imply being charged and convicted for a criminal offense. I was only given a speeding ticket and a fine. Should I say no to these questions in the interview and... View More

Kevin L Dixler
Kevin L Dixler
answered on Aug 13, 2023

If your attorney is not going to the hearing or interview, then you may need another attorney to attend. You’ll need proof that you did not have a traffic offense where there was a fine for more than $500. Let the adjudicator decide whether the answer is yes or no. You were ‘cited’ for a... View More

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