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Questions Answered by Kevin L Dixler
1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Do I need to file a separate I-130 for my stepson if I included him on my wife's I-130? and do I have to pay the $535.

I am a US. Citizen and also a US Soldier and I filed both the I-130 and I-485 concurrently for my wife, she now has her green card. Our 9 year old son just got here to the US and I want to file for him as well. I need to know if its better to submit a separate I-130 and I-485 for him and pay the... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 12, 2019

These questions and a slew of other questions await us. Your stepson must be petitioned, separately. The process and applications have grown more cumbersome in the last year.

As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there...
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2 Answers | Asked in Immigration Law for Texas on
Q: I want to know if I can apply for the N-600 form.

My dad is a naturalized U.S citizen and I was brought legally to the U.S before I was 18 years old of age.

Kevin L Dixler
Kevin L Dixler answered on Nov 10, 2019

Your father must naturalize before your 18th Birthday in order to derive citizenship from him. You must have reached18 years old on or after February 27, 2001. Otherwise, you must qualify for citizenship by naturalization.

Some who file for naturalization are not only denied, but placed in...
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1 Answer | Asked in Immigration Law for Minnesota on
Q: My i751 got denied from my last marriage can I file I 130 based on a new marriage?
Kevin L Dixler
Kevin L Dixler answered on Oct 28, 2019

First, your U. S. citizen or permanent resident spouse must decide whether to file the petition, but it may be denied as a matter of law, based upon a determination that you entered into a sham marriage.

You’re significantly limited in your options. The denial may have permanent...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: How can US LPR overcome inadmissibility due to criminal offense involving moral turpitude?
Kevin L Dixler
Kevin L Dixler answered on Oct 28, 2019

First, you seem terribly mistaken. A person who is deportable can also be disqualified from naturalization and placed in removal proceedings as a result of filing. This, even if five years pass after the offense.

As a result, I strongly recommend an appointment or teleconference with a...
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3 Answers | Asked in Criminal Law and Immigration Law for Mississippi on
Q: My brother in law is in Mississippi federal prison since 2017. His sentence is for 5 year. He's a legal resident.

His native country is Dominican Republic. His case was drug involved. Will he be deported after his sentence?

Kevin L Dixler
Kevin L Dixler answered on Oct 15, 2019

It depends on the charges and the statute upon which he was convicted. It also depends upon how long he has been a lawful permanent resident.

If he is convicted of a drug trafficking offense, then these situations are much more likely to result in removal, but that is not always the...
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3 Answers | Asked in Immigration Law for Connecticut on
Q: Removal proceedings married to usc age gap ?

I married to usc in removal proceedings? I’m 24 and she’s 45 we had age gap i have all supporting and clear and convincing documentation.

Joint lease .

Joint accounts .

Joint utilities.

Pics.

401k retirement beneficiary

Life insurance... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 15, 2019

I agree. This is a complicated case that requires an exemption. I strongly recommend that you hire a competent and experienced immigration attorney. In addition, you should also seriously consider your options for emigration to avoid emotional challenges in the future.

There is a...
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1 Answer | Asked in Immigration Law for California on
Q: My son is under DACA since the program comes in effect. He fell in love and married his girlfriend who is a US citizen .

He fell in love and married his girlfriend in January 2019. In March he filled out and sent an application for change of status. He send with the documents all the corresponding payments. Until this day he has not received any response. He called the immigration offices and they have told him... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 13, 2019

Immigration law and the process is a complicated system. Many are disqualified and denied as a matter of law. Some forms are lost without additional forms, such as a G-1145 to try to secure proof of receipt. However, there are other means to track down files.

As a result, I strongly...
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1 Answer | Asked in Immigration Law for California on
Q: Hi there, my case was just denied Form I-140, after an RFE on my EB1 visa. Can I go home to my own country now?

I have been waiting in the USA due to not being able to leave after getting an RFE, but now that I see my case was denied yesterday on the https://egov.uscis.gov website, does that mean I can just go home? Or do I have to wait for their official letter?

Kevin L Dixler
Kevin L Dixler answered on Oct 12, 2019

It is best to understand the consequences of the decision. You may never qualify for a non-immigrant visitor visa, or other non-immigration visa, if you’ve demonstrated immigration intent. There may be other concerns that such a departure can trigger.

As a result, I strongly recommend an...
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2 Answers | Asked in Immigration Law for California on
Q: If there's deliberately incorrect info on a marriage license used for a green card, does that invalidate the green card?

My father secretly married a foreign woman in the US while living with another woman in the house where the foreign woman said she was living on the marriage license. Would that invalidate the marriage license? I'm asking because I'm worried that she's scheming to divorce him and take half his... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 11, 2019

It’s more complicated than that. It ‘appears,’ unless he is lying, that he ‘was not’ or ‘is no longer’ in love with this so called manipulative woman. Some men lie about past relationships gone bad.

It also appears that he does not plan to share his life with her, nor does...
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1 Answer | Asked in Civil Rights and Immigration Law for New Mexico on
Q: if a permanent resident has battery against a house hold member. Do they get deported?

This the first offense . I have done nothing.

Kevin L Dixler
Kevin L Dixler answered on Oct 3, 2019

If you pled guilty or nolo contendre, then you accepted guilt. That means that DHS considers that you did it. You don’t have to

do a day in jail.

The next issue is the sentence and the criminal statute upon which you were convicted. Also, whether there are other issues that have...
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1 Answer | Asked in Employment Law and Immigration Law for New Jersey on
Q: How to obtain a work visa for my friend from India. I am USA resident and will sponsor him.

How do I sponsor him? What do I need to do?

Kevin L Dixler
Kevin L Dixler answered on Sep 25, 2019

It isn’t that easy. Much more information is needed. The USCIS and State Department must disqualify those who lack the proper employer and credentials. The buy American, employ Americans program has a significant impact upon discretion.

I strongly recommend an appointment with a competent...
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1 Answer | Asked in Immigration Law for California on
Q: I have options but which one is the right one

My mother brought me into the US illegally when I was 5 months. We stayed here, never left. She submitted a u visa in 2017. But I had a son last year(2018) with a us citizen should getting married with him be a quicker process? I am trying to continue my studies but can’t due to my legal status.... Read more »

Kevin L Dixler
Kevin L Dixler answered on Sep 14, 2019

More information is needed about your boyfriend. He may be disqualified from petitioning you. You may also have to seek a waiver depending upon your age, along with consular processing. That can take time and not everyone who files for a waiver is approved.

In addition, the U visa process...
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2 Answers | Asked in Immigration Law for Illinois on
Q: immigration ..my marriage case was denied due to unlawful presence and some what do i do next. refile reopen reconsidr

please advise on what is the best way or means to go through

Kevin L Dixler
Kevin L Dixler answered on Sep 13, 2019

More information is needed. Some people are affected by the permanent bar due to unlawful presence. In addition, there may be other complications. You may need to pursue different relief.

You need an attorney, who will take the time to carefully read the decision and discuss options, if...
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1 Answer | Asked in Immigration Law for Georgia on
Q: Would getting married before my priority date becomes current slow down the process?

I am currently engaged. My priority date is March 2007. I belong to the F4 category and I reside in the Caribbean. I have a 2 year old who was born in the U.S. I would like to migrate to the U.S. with my soon to be husband and our daughter, would it be ok if I were to get married before my priority... Read more »

Kevin L Dixler
Kevin L Dixler answered on Sep 7, 2019

Yes, if it’s a sibling petition, but you must update your family information with NVC as soon as possible.

You may want to carefully plan with your family in case you are inadmissible due to actions by your sibling.

As a result, I strongly recommend a teleconference with a...
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2 Answers | Asked in Immigration Law for Florida on
Q: Hello Do I need legal help to bring my father from Colombia? He was deported early 90’s.

We came to USA legally with a resident card, he served time in prison, he opted to leave at the end of his sentence.

Kevin L Dixler
Kevin L Dixler answered on Sep 4, 2019

Yes, but it’s unclear whether he will be allowed to ‘ever immigrate’ as a matter of law and discretion. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications.

The above is...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: If upon entering the US on a green card, what happens if a border officer deems that I have not maintained residency?

If upon entering the US as a green card holder, a border security officer deems that I have not maintained residency in the US, what happens next? My understanding is that the border officer takes the green card, stamps my passport with a stamp that is good for re-entry for one year, and issues a... Read more »

Kevin L Dixler
Kevin L Dixler answered on Sep 3, 2019

This is not always the case. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Find an attorney who will explain the range of discretion that CBP has at a port of entry before you take any further... Read more »

1 Answer | Asked in Immigration Law for California on
Q: If the tourist visa B-2 gets rejected, would it have any negative impact on my I-130 immigration petition?

USCIS approved my I-130 family immigration case, and currently working with NVC to finalize the documents and schedule interview at the US Consulate in New Delhi, India. The priority date is expected to become current next year around September.

(i) Meanwhile can i apply for tourist (B-2)... Read more »

Kevin L Dixler
Kevin L Dixler answered on Sep 1, 2019

If the consular official thinks that you are circumventing the immigrant visa process, the State Department can find that you committed misrepresentation and indefinitely ban you from immigration. Fraud waivers after a recent violation can prove futile, so your visa may be revoked.

At this...
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1 Answer | Asked in Immigration Law on
Q: what is a waiver and what makes you qualified or not qualified for it?
Kevin L Dixler
Kevin L Dixler answered on Aug 29, 2019

A visa applicant with an approved petition who is disqualified is ‘not always eligible’ to waive the reason for the denial. ‘If’ a waiver is available, they must still meet the requirements to overcome or waive the reason for denial. Otherwise, they cannot enter the United States.... Read more »

2 Answers | Asked in Immigration Law for North Carolina on
Q: Can someone apply for dependent visa, if green card application has been filed already ?

If parents are in US and they file green card for their daughter (who is above 22 yrs old) living outside US , can daughter apply for F2 dependent visa if she gets married with F1 visa holder ? Does she need to cancel the ongoing application process ?

Kevin L Dixler
Kevin L Dixler answered on Aug 26, 2019

This gets complicated. The answer is that she should avoid taking any and all action that will prejudice her. That includes withdrawal of the petition, but many other actions, as well.

A careful review of the facts in the form of a teleconference with a competent and experienced immigration...
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1 Answer | Asked in Immigration Law for Tennessee on
Q: how can i help my friend get a us visitors visa ?. She is a citizen of jamaica living in curacao.
Kevin L Dixler
Kevin L Dixler answered on Aug 26, 2019

It depends. If the friend is interested in marrying you and/or staying too long, then they should be denied. A visitor cannot have immigrant intent and is presumed to have immigrant intent until they overcome the legal presumption.

Many applicants are denied due to this sort of...
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