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Questions Answered by Kevin L Dixler
1 Answer | Asked in Immigration Law, Health Care Law, Public Benefits and Social Security for California on
Q: Permanent resident can't receive CalFresh not cash assistance?

My GF has had applied for CalFresh assistance and just has received a phone call from the worker asking all sorts of questions.

According this worker, they expect that GF would supply details about how she had obtained the green card many years ago, along with detailed information about her... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 1, 2020

She only needs to provide proof of lawful permanent resident status by way of her alien number. Perhaps, she can also show a copy of her ‘valid card.’ She has no other status, so other questions seem irrelevant, perhaps, unless this concerns more, which seems questionable.

Any other...
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2 Answers | Asked in Immigration Law for Michigan on
Q: If an immigrant became an American citizen by fooling INS about a marriage, can they get the citizenship revoked if

Reported by the wife it was fake

Kevin L Dixler
Kevin L Dixler answered on Mar 31, 2020

Reported fake and proven fake are two different sets of facts. A U.S. citizen also commits a Federal crime punishable by incarceration if they entered a marriage for the sole purpose of getting a green card. An insistent U. S. citizen spouse can end up indicted and convicted for marriage fraud,... Read more »

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2 Answers | Asked in Immigration Law on
Q: On Item 54 of the I-129f, is it advisable to show extent of relationship and meeting(s) in the same section?

Ex. Go through the brief history of relationship, with exhibits highlighting it, (photos, receipts, etc.), while also showing visits that occurred (esta approval, dates of entry, etc)? Essentially, how much vs. how little should be given in this section?

Thank you in advance,

Amy

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

The burden to prove the relationship prior to marriage is on the petitioner. Although such content should be 'within reason,' any effort to limit the content may result in denial. What is 'reasonable' can vary depending upon an K-1 visa examiner's discretion. At times, an applicant may receive a... Read more »

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4 Answers | Asked in Immigration Law on
Q: Can I get a job offer in the USA then later permanent residency?

I have a 3-year Canadian advanced diploma in Business Administration - Marketing. I have one year of work experience. Which work visa do I qualify for?

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

Perhaps, none. You will need an employer willing to pay an average wage, as determined by the U.S. Department of Labor. You will also need to fill a job that requires a bachelor’s degrees or the equivalent in marketing unless you somehow fit within a narrow category within the TN visa program.... Read more »

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4 Answers | Asked in Divorce and Immigration Law for New Jersey on
Q: what would someone need to get to the US

if the guy i was arranged to marry tries to use our verbal marriage certification, would it work?

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

The marriage must be registered with the official authority in the State or Nation. Otherwise, it is usually invalid as a matter of law. However, the official authority can be a church, mosque or other religious institution depending upon the nation.

If there is any additional concern, then...
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3 Answers | Asked in Employment Law, Immigration Law and Public Benefits for California on
Q: Can illegal immigrants apply for unemployment? If not, what other solution is there?

Due of the corona virus, people are being let off from work, including illegal immigrants. Because of this, can they apply for unemployment? If not, what other solution is there for them to receive money or aid from the government? What can be done when bills and rest must still be paid and food... Read more »

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

You will have to consult with a state unemployment lawyer or the California State forms. Some are disqualified because they use fictitious identities.

Many states treat unemployment insurance as an entitlement. That is, both you and your employer pay into the program. It is a form of...
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2 Answers | Asked in Immigration Law for California on
Q: My girlfriend is a UK citizen that is immune compromised. What happens if she overstays her ESTA due to COVID19?
Kevin L Dixler
Kevin L Dixler answered on Mar 20, 2020

She probably won't be allowed to return unless she is able to lawfully immigrate to the U.S. However, she can be barred up to ten years, even indefinitely for certain acts related to unlawful presence and subsequent return. I strongly recommend an appointment with a competent immigration attorney... Read more »

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1 Answer | Asked in Immigration Law for Tennessee on
Q: if my gf files for asylum in canada and gets denied is it possible for us to get married in the usa and she comes here?

i have a green card

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

It is not about getting married, it is about whether she can be lawfully admitted, so that she can somehow qualify for lawful permanent resident status. If she has immigrant intent, that is, she plans to marry a U. S. citizen, then she can be denied admission, then summarily excluded by the CBP.... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes, Immigration Law and International Law for California on
Q: a 90 year old NAZI was found to be living in Tennessee and will be deported. Why doesn't the US charge him instead?

https://www.google.com/amp/s/www.nytimes.com/2020/03/05/us/friedrich-karl-berger-nazi-concentration-camp.amp.html%3f0p19G=0038

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

The U.S. has elected to seek deportation for those who lie on their immigration forms, even if the lie took place long ago. This, because there is no statute of limitation in civil immigration law. There is no statute of limitations for murder. In the genocide cases, the Government of Germany is... Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: Hi there, I'm trying to get my son his American Citizenship because I am American but grew up in Canada. Can you help?

I am 48 and a US citizen but moved to Canada at age 4. I moved to Texas in 2019 with my husband (L-1 Visa) and son (L-2 Visa). I have been physically present in the US for 2 years after the age of 14 but I don't have proof as I was driven across the border for summer vacations my whole life and... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 2, 2020

More information is needed. When did you become a U.S. citizen? At birth? How old is your son, now? When, if ever, did your son turn 18 years of age? Did you ever petition your son for lawful permanent resident status? Can you still petition your son for lawful permanent resident status? Are... Read more »

3 Answers | Asked in Immigration Law for Iowa on
Q: Can I get my husband who's a immigrant fr Honduras a Visa even if he's in the United States already he is 21 so am I.

He came to the United States illegally when he was 15. And we just got married and also have a baby together.

Kevin L Dixler
Kevin L Dixler answered on Feb 27, 2020

If he entered the U.S. without inspection, that is, without a visa, and has lived in the U.S. for more than a year after his eighteenth birthday, then then he will have to seek a provisional unlawful presence waiver. That complicates matters, among other procedures put into place by the current... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: My son went for his I-130 (IR-2) interview in Lagos, Nigeria on the 3rd of February 2020. He was given a white 221g .

My 6 year old son had his I-130 (IR-2) interview in Lagos, Nigeria on the 3rd of February, 2020.

He was given a white 221g paper and no document was to be submitted. His passport was given back to him.

My 13 year old daughter had her interview on the 24th of February in Lagos,... Read more »

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

You may request a waiver of the travel ban, based upon the requirements which must be effectively proven, but it should be filed with a consular official at the time of the consular appointment. That said, news reports indicate that approximately 6% of those requests have been approved. It is... Read more »

1 Answer | Asked in Immigration Law for California on
Q: parent is in the US illegally my brother is a citizen & I’m a resident can either of us help her get her residency ?

My brother is now over 21 and I will try to become a citizen in a year.

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

More information is needed. How did your mom enter the U.S.? Has she ever departed after a stay of unlawful presence in excess of a year? Has she ever been arrested? Has she ever been charged with deportation in front of immigration court? Has she ever been petitioned by another family member?... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Will the changes in public charge rules affect me (DACA) if I am ever able (not able to, EWI) to adjust status?

Currently, i'm receiving full-scope Medi-Cal.

I'm a DACA recipient who is over 26 and not pregnant. I am not a refugee or asylum seeker.

I already understand that the use of such a benefit does not disqualify me from renewing DACA. However, i'm getting mixed answers on whether or... Read more »

Kevin L Dixler
Kevin L Dixler answered on Feb 23, 2020

You can be disqualified from adjustment of status. A review of the rather complicated and intimidating form I-944 will likely mean that most applicants will need an immigration attorney to advocate on their behalf. The "likelihood" of being a public charge can result in a subjective and rather... Read more »

1 Answer | Asked in Immigration Law for Louisiana on
Q: Cleared USCIS interview. Rejected as of overstay of 48 days on medical ground, even after completing 5 years at US.Guid

Sir, need your guidance on immigration related issue.

My mother, who is 75 years of age. She is in USA since 2011 on Green Card (Permanent Residency).

This year she had her 3’rd Citizenship interview, which she cleared after lot of hard work, at this age.

The point is,... Read more »

Kevin L Dixler
Kevin L Dixler answered on Feb 23, 2020

The USCIS accepts all completed applications. It is up to the applicant to decide whether to apply. The applicant should know the law before they file for citizenship by naturalization. The USCIS charges for the time to research and review the applicant's qualifications.

If the USCIS...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can non green card holders legally sell items on online marketplaces?

My family has applied for a green card years back but still dont have it. I am interested in selling some items on a site called StockX.com, in which people can buy and sell clothing and footwear. It is similar to Ebay and Facebook marketplace in which items are sold and bought by individual... Read more »

Kevin L Dixler
Kevin L Dixler answered on Feb 22, 2020

It is unclear whether you will be able to adjust status, which may be more important to you. This may depend upon whether you somehow qualify based upon Section 245i. Was the original petition filed by April 30, 2001? In general, a person is not allow to work in the U.S. without employment... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Trying to get my permanent residents aliens card back

They removed it from me 16 years ago ..

Is their a way I can claim it back

Kevin L Dixler
Kevin L Dixler answered on Feb 20, 2020

More information is needed. Were you before an immigration judge, then ordered removed and deported? Or did the CBP take it at a port of entry? More information is needed. This makes a difference.

2 Answers | Asked in Immigration Law for Illinois on
Q: Should i send a second copy of my naturalization certificate after sending I-130 with the certificate not signed?

I have applied for I-130 for my parents and send all the paper but i noticed that my naturalization certificate was not signed by me. Should i send them another copy as an addition that is signed or wait till they send a notice for further evidence or sth?

Kevin L Dixler
Kevin L Dixler answered on Feb 20, 2020

It makes no difference at this point. Wait for a decision to approve, request additional evidence or deny.

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

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1 Answer | Asked in Immigration Law for Texas on
Q: He got greencard ..2008. He left in 2014 ..going to file for divorce.

Can't get a divorce until bankruptcy is over that is nov 30-2020 ..he has a new woman now and planning to get married..

Kevin L Dixler
Kevin L Dixler answered on Feb 19, 2020

What is the immigration question? He is allowed to divorce. If he is a lawful permanent resident, and ten years have passed since it was received, then your obligations to him seems over if there is further action by the Federal Government. He has been a lawful permanent resident for more than... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for New York on
Q: How to come back to USA?

Hello,

Many years ago I fled USA while on bail with felony charges. I still have a valid us passport. After many years quietly living on another side of globe I was told that my felony case was disposed and all my property was given to my relatives and I’m dead to anyone. Thats why my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Feb 16, 2020

The information above is vague, but you can no longer pretend if you want to return to the U.S. Hasn't your passport expired? Why was the felony case "disposed?" Did your family present a death certificate to your attorney, who presented it to the prosecutors? Did they present the certified... Read more »

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