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Questions Answered by Kevin L Dixler
2 Answers | Asked in Immigration Law for Oregon on
Q: Can visitors on B1/B2 stay in USA for a maximum of 1 year. If so, are there any relaxations due to COVID.
Kevin L Dixler
Kevin L Dixler answered on Jan 11, 2021

This can be viewed as visa abuse, where you can return. An abused B2 visa may result in review on renewal. Remaining in excess of six months may result in delay at a future primary inspection at an airport, even exclusion from the U.S.

A future admission may be denied based upon the...
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1 Answer | Asked in Bankruptcy and Immigration Law for Texas on
Q: With a conditional green card in the US, would filing for bankruptcy overseas affect my ability to remove GC conditions?

Would it also affect my ability to work in the finance industry?

Kevin L Dixler
Kevin L Dixler answered on Dec 30, 2020

That's a loaded question best discussed in the office. Some additional questions will include, "How did you obtain your conditional greencard? (e.g. investment based or family based?) What sort of bankruptcy is it? (personal or business based). There is a form I-944 that has to be... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: Will a pending divorce cause issues when reentering the country as a permanent resident who has its 10 year card?

After various attempts on fixing our marriage we decided it was broken and divorce is the best thing for us. Will this cause me any issues?

Kevin L Dixler
Kevin L Dixler answered on Dec 25, 2020

Attorneys often have concerns about ‘when’ a client will return once they have to take care of a sick relative. What starts as three weeks and last three, five, ten months or over a year. This can eventually bring into question whether a person’s permanent residence is located in the United... Read more »

5 Answers | Asked in Immigration Law for New Mexico on
Q: Our church Pastor and his wife have been here over 30 year but do not have legal status. Can the church sponsor them

They do have 2 adult children born here too. He has been the pastor for 24 years

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

No, but if he has a child, over 21 year old, who was born in the United States, then the child with the help of parishioners may be able to take action.

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1 Answer | Asked in Immigration Law for Kentucky on
Q: Can someone seek refugee or asylum if their family abused them in the past or hate them and feel unsafe in the future?
Kevin L Dixler
Kevin L Dixler answered on Dec 9, 2020

This is a complicated, yet reasonable questions. It requires an appointment. More information is needed.

An asylum applicant must prove that they have a well founded fear of 'persecution.' That means that the nation of citizenship must be unable to prevent harm being caused to...
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2 Answers | Asked in Criminal Law and Immigration Law for Wisconsin on
Q: What can we do to fix all this?

My boyfriend has an Open - Bench warrant issued since 2011, because he didn’t showed up to the court because he signed a paper to get deported, so Ice took him in. On his case record it has his year of birth wrong it says “1991” but he’s from 1993 and he was 17 years old, but since he... Read more »

Kevin L Dixler
Kevin L Dixler answered on Dec 9, 2020

More information is needed, but if he was actually deported, then returned to the U.S., then this is something best discussed inside an attorney's office.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before...
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1 Answer | Asked in Immigration Law on
Q: Hi! What does it mean when in the USCIS it’s written that my case was received, is it bad or good?

My uncle is a US citizen, and in 2013 he petition our family for permanent resident, and now in the USCIS I write our receipt number and it shows that our case was received, can you say about how many years we have for waiting? Thank you

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

Likely, its not the approval of the USCIS petition, but the visa, itself, which can take many years. The 4th preference family visas can take over a decade or two. This means that if you are over 21 years old at the time that the visa is available, you will be unable to immigrate, since you can... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: I live in Europe, can I keep my green card?

I moved to Europe permanently wo years ago. My wife is American and we visit the USA roughly once a year. I still have a bank account as well as a 401k. Is there a way to keep my green card indefinitely?

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

No! It is possible that you can be charged with abandonment. A lawful permanent resident is supposed to spend a majority of the year within the U.S. Yet, it is the intention of the applicant that is challenged at the port of entry. As a result, a simple annual trip will not be enough to... Read more »

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2 Answers | Asked in Immigration Law on
Q: Asking about gettin a US Citizenship, My dad has one I don't, I am 20.

Hello,

so I don't live the states my dad used to, and he already has a passport, I am 20 years old and very interested in getting the US Citizenship, so is there a way since I am not bellow 18 to get it from my dad?

thanks a lot .

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

Your dad will need to get the permanent resident petition filled for you first as soon as possible, along with the visa processing. If you are unable to enter before you reach 21 years old, or reach 21 before the consular interview, you may have to wait many years in the Family 2b category.... Read more »

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2 Answers | Asked in Immigration Law for Illinois on
Q: How do you know if an attorney has filed your appeal? Is their a confirmation of receipt from the court?

The appeal in question was to be done within 30 days of the initial decision. My friend is not sure whether the appeal was actually completed. I have tried to look into the process online but it does not go into details. I thought an appeal had to be registered and stamped but do not know if I am... Read more »

Kevin L Dixler
Kevin L Dixler answered on Dec 3, 2020

A receipt from the Board of Immigration Appeals or from the USCIS should be sent to the attorney. That can take a month, but if he paid the filing fee in addition to the attorneys fee, this may be reassuring. The appeal depends upon what is presented to undo the denial. The application for... Read more »

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2 Answers | Asked in Immigration Law for Arkansas on
Q: CAn I leave the U.S if my I-539 extension application is in review? I'm on B2 visa & My I-94 is expired.

I have applied for stay extension in July but till now (December) there's still no decision. My question is, can I leave the U.S if my I-539 extension application is in review?I'm on B2 visa & My I-94 is expired. will there be any problems with the immigration and does it affects my visa in future?

Kevin L Dixler
Kevin L Dixler answered on Dec 30, 2020

The automatic revocation of the I-539 can create issues in the future. If you wait for a decision, it is unclear whether such a delay coupled with the exceptionally long stay can affect your right to return to the U.S. in the future.

In general, such I-539 extensions should be carefully...
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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Believe daughter is being scammed; 3rd world country male has proposed to her. I think he simply wants US Green Card.

They met in a US bar in January 2020. He left for Dubai or Morocco. They have FaceTimes 4x daily; and he flew to California to see her (while she was on a trip). He has proposed to her; given her a very cheap ring. States it is custom for the bride to pick her ring after they marry. What can I... Read more »

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

How does your daughter feel about the situation? She spends a lot of time with him!

Parents can speculate. As a parent, we can get controlling and possessive, then interfere in a way that has lasting consequences. An attorney can also do the same based upon decades of experience....
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1 Answer | Asked in Immigration Law on
Q: Graduate admissions question on Felony . Being inadmissible to enter US at airport and denied entry and deported .

I was denied entry into US at airport in 2013 by US immigration officer. I was served with a five year inadmissibility to the US at the airport. This admissibility is expired since 2018. Now I am applying to Graduate programs in the USA universities . One of the questions in the graduate... Read more »

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

More information is needed, but you will still have challenges getting a visa. You must know the reason why you were summarily excluded from the U.S. Some of the reasons for the exclusion can serve as an indefinite ban to getting a visa. This is true even if five years have passed!

As a...
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1 Answer | Asked in Immigration Law for Ohio on
Q: What will happen if we make a mistake in the citizenship n 400 form?

I just applied for citizenship n 400 and put no on the question legally change name instead of yes. But there was also the next question have u used any different names like the nickname... On that, I put yes... Now, what will happen? Please tell me?

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

Just correct the answer when you attend the examination. The examiner should be helpful. The examiner will realize that you want to be truthful, but may have been confused.

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

2 Answers | Asked in DUI / DWI and Immigration Law for North Carolina on
Q: My boyfriend(illegal) was arrested for dui(2nd time), driving my car. It was seized by state. How do I get it back?

My boyfriend,age 25, has been in US since he was a child, illegally. He's never had a us license. He got arrested at age 19 for dui. He was arrested yesterday for dui(out on custody release). I am the owner of the car, and was unaware that he'd been drinking. I was asleep in passenger... Read more »

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

More information is needed. Who took the car? Where?

The car probably was likely taken for reasons other than immigration. Find out why! It may have been impounded for a search warrant.

If there were drugs found in the car, it can be forfeited. Find out whether it was...
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2 Answers | Asked in Immigration Law for Nevada on
Q: Can I petition someone as fiance if they still married in another country?

I’m trying to get my fiance in the US. She tried tourist visa so many times but keep getting denied. She still married to her Previous husband. She applied for Annulment waited for 2 years and still get denied. We don’t know what other options we can do. We been together for 6 years now. All I... Read more »

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

I agree with Mr. Vega. In addition, she is disqualified from getting a B1/B2 visitor visa unless she can overcome the legal presumption of immigrant intent. The fact that you intend to marry her confirms that she is disqualified from a B1/B2 visa.

She can even be charged with...
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2 Answers | Asked in Legal Malpractice and Immigration Law for New Jersey on
Q: I would need a letter from my attorney explaining the error they made. How can they make it legal and valid?

They are immigration attorneys and made a mistake regarding my immigration status in the US.

Should the letter be notarized, legalized, etc.? I will need to file that letter with new attorneys/immigration offices/government office, and therefore, I would like to make sure that letter will... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 26, 2020

This reads like a very complicated challenge that should be handled by another attorney who knows what they are doing. Much more information is needed, but rather quickly. Justia.com is not geared to do anything other than encourage you to hire another attorney in such situations.

At...
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2 Answers | Asked in Immigration Law for Michigan on
Q: Are sponsored green card parents eligible for subsidized healthcare ?

I am 61 years old, I recently got a green card sponsored by my son who filled affidavit of support. I applied for health care in market place showing my income earned on tutoring and getting tax credits. Am I eligible for the benefits?. Should I add my Son's income also?

Kevin L Dixler
Kevin L Dixler answered on Nov 26, 2020

The first issue is whether you will obtain a government benefit based upon having a lower income. That is a means tested benefit! The second is whether the sponsor will be required to reimburse the government for that means tested benefits.

In order to avoid the government from...
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2 Answers | Asked in Immigration Law on
Q: What to do for the rest of the members those who can't come at first time through f4 visa due to age fact?

6 members in our family.our relative had applied immigration for us (f4 cat.).4 members name had come and they have reached usa.How much time required for the rest of the members and what is the proces?

Kevin L Dixler
Kevin L Dixler answered on Nov 24, 2020

If a derivative beneficiary has 'aged out,' then it may take years, even decades for a family member to not only petition them, but for a visa to be available based upon the extremely limited visa quotas. It likely means starting, again, with a petition from a new family member. There... Read more »

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2 Answers | Asked in Immigration Law for Washington on
Q: I am single parent of us citizen kid of 9 yrs. I am in US on B1/B2 visa. I am looking one step adjustment for myself.
Kevin L Dixler
Kevin L Dixler answered on Nov 24, 2020

I regret that your son cannot petition you as an immediate relative until he is 21 years old. Also, the decision whether to petition you is within his control. He may be disqualified when he reaches 21 years of age depending upon the situation.

You do not qualify to adjust status based...
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