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Questions Answered by Kevin L Dixler

1 Answer | Asked in Immigration Law for Virginia on

Q: I can the the USA on a VWP I overstayed by about a month now. What are my chances I have a final deportation order ?

I came to the us in March on a VWP and my 90 days ended in June. My US citizen husband and I got married in May , we originally planned on AOS but some private issues made it so that we weren't able to file yet, we are considering moving to My home country ( Germany) but haven't found a clear... Read more »

Kevin L Dixler answered on Jul 10, 2019

Those who are put in immigration court are usually arrested, or notified after they file an application and the application is denied. A person must be issued a written notice to appear before the immigration court. Usually, there must be proof of service, but a person who is documented should... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on

Q: My husband is Canadian we received his green card in 2010. It expires next year and we are about to get divorced.

Will he have an issue getting it renewed? Should he renew it before we divorce so it's good for another 10 years or if he files for it's renewal now would anybody give him an issue and deny the renewal?

Kevin L Dixler answered on Jul 9, 2019

The divorce is unlikely to be an issue for simple lawful permanent resident card renewal. However, the USCIS may try review other factors, like his criminal record, if any, among other issues considered on the form due to the long delay. He should consider an appointment with a competent and... Read more »

2 Answers | Asked in Immigration Law on

Q: I lied on my US tourist visa application, but I received a letter that I was denied because I did not show strong ties

I lied on my application for a US tourist visa 11 years ago, I was denied, but the letter they gave me said I was denieD because I did not show strong enough ties to my home country, did they not realized I lied on the form, because they did not deny me for misrepresenting?

Kevin L Dixler answered on Jul 10, 2019

I agree. This is unfortunate. A consular official may be able to choose from a variety of reasons to deny based upon an applicant's actions. The misrepresentation may be noted, so that when you do have strong enough ties, the question where you deny that you committed misrepresentation may be... Read more »

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1 Answer | Asked in Immigration Law, Family Law and Native American Law for California on

Q: My mother is a immigrant And we are scared about her getting arrested by ice.

My mother has lived here for 20+ years . She came from Mexico to flee crime and for a better life . We live in California and she has 3 kids that were born here. She doesn’t have a criminal record. She has a stable job and has never been arrested or pulled over by the law. All this news with the... Read more »

Kevin L Dixler answered on Jul 4, 2019

The alleged plan is to look for people with final deportation orders, but incidental to a search, ICE may find others, ask questions and consider whether to detain, release and serve a notice to appear in immigration court.

It can help to review your situation and hers, but it is unclear...
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1 Answer | Asked in Immigration Law for Minnesota on

Q: Hello, I need a lawyer for asylum seeker application.

Before I come here I was kidnapped, jailed and tortured because I am member of opposition political party.

Currently many peoples from our political party are in jail and killed

Kevin L Dixler answered on Jul 3, 2019

You, as the applicant, have the burden to prove with a preponderance of the evidence that you are not only an active member, but were kidnapped, jailed and tortured. You must also prove to the satisfaction of the USCIS that you are a citizen of that nation. You must prove a number of other facts,... Read more »

1 Answer | Asked in Immigration Law and International Law on

Q: Do US consulates give the true reason for denials or default reasons despite unique causes for inadmissibility?

I had a previous tourist visa overstay of 11 years, and left America in 2005 on my own accord and applied for a tourist visa a year after in my home country, I lied and said I only visited America for 2 weeks when I had the visa. At the end of the interview I was denied but given a letter stating... Read more »

Kevin L Dixler answered on Jul 3, 2019

You know another reason for the denial, but the consular official likely had the option to select one of many reasons to base the denial upon including INA Section 221(g). It is unclear, but you certainly know that you can be denied, again, in the future for visa fraud through misrepresentation.... Read more »

1 Answer | Asked in Immigration Law for Illinois on

Q: Is booking H1b and F1 visa at the same time in a different time line is not a good idea? Different answers from lawyers

Hi. I have called three lawyers about this. And I paid them consultation fee. Lawyer A : It is okay to book two at the same time, but you need to prove that you don't have immigrant intent to get Student(F1) VISA. Also, if you did not get F1, it would not affect for your H1b visa interview because... Read more »

Kevin L Dixler answered on Jul 2, 2019

The proper questions may have been avoided. The issue is what do you want to do; study or work? It should be one or the other for the purposes of the visit. If you apply for something that ‘you don’t need’ at this time, it can be denied. It can also reasonably draw suspicion.... Read more »

3 Answers | Asked in Estate Planning, Immigration Law, Tax Law and Admiralty / Maritime for Illinois on

Q: What steps do I need to take to become of majority status and correctly use the name? Indiana and internationally.

Kevin L Dixler answered on Jun 24, 2019

Again, this does not appear to be an immigration question based upon the terms used. In general, you are required to be a lawful permanent resident before you can live and work in the United States.

The above is general information, not legal advice, and does not create an attorney client...
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1 Answer | Asked in Immigration Law for Florida on

Q: Can I as an undocumented alien get health insurance through my job

Kevin L Dixler answered on Jun 24, 2019

Your employer may have trouble, because you ‘may’ lack documentation insisted upon by the insurance organization and required by law. The insurance company may require a valid social security number or Tax ID#.

In general, you should not be employed as a matter of immigration law, so...
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1 Answer | Asked in Immigration Law for New York on

Q: Is there any chance to report and remove a foreign national who fraudulently obtained a withholding of removal status

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Kevin L Dixler answered on Jun 20, 2019

If you accept payment from him, he may claim that you blackmailed him, which is also a Federal crime. He may also claim that he is bisexual. You can’t prove that the child is his without filing for child support, which you should do.

You can report a crime in progress, but if you lack...
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1 Answer | Asked in Immigration Law for California on

Q: How many times a person can file FOIA / G-639?

I wanted to file FOIA / G-639 myself now. But after a while when I will hire immigration attorney and if the attorney suggest to file FOIA / G-639 again (for whatever reason), can I refile FOIA / G-639 ? How many times I can file FOIA / G-639 ?

Kevin L Dixler answered on Jun 19, 2019

More information is needed. Isn’t once, enough? If you have trouble getting what you want, then you should file an appeal or file the FOIA requests with the correct Agencies.

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

1 Answer | Asked in Immigration Law for California on

Q: On June 4th 2019 i went to my immigration interview, regarding my green card adjust.

After my interview was completed the immigration officer told me she couldn't make a desision on my green card adjustment because she need it more information.

The emmigration officer gave me a letter where it said i needed to send by mail my brothers I-864 abd my I-864w form to see if my... Read more »

Kevin L Dixler answered on Jun 18, 2019

That’s unclear. It seems that the adjudicator made a demand for a sponsor, but you chose to present evidence other than what was requested and possibly not enough to prove that you were lawfully employed with an EAD and/or work visa for the duration.

The USCIS will not necessarily look up...
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2 Answers | Asked in Immigration Law for California on

Q: Can I keep my parent's address on file with USCIS?

I'm a LPR and keep moving wherever job takes me to so was thinking to keep my parent's address on file with USCIS as I can conveniently get all my immigration related mails. Will that cause any issue in my US Citizenship application?

Kevin L Dixler answered on Jun 16, 2019

Yes, it will cause problems. You must live at least 90 days in the USCIS District where you file just immediately before filing. You must be able to prove it. You are required to notify the USCIS within 30 days before moving that you will change addresses. If not, you violate the terms of lawful... Read more »

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3 Answers | Asked in Immigration Law for Wisconsin on

Q: Can I file I-485 and I-130 for my mother separately, or do they need to be completed at the same time?

My mother is in the US as a tourist (B2). I would like to adjust her status and apply for a green card for her. I am a US Citizen. Can I file for Adjustment of Status (I-485) first, then once approved, complete the (I-130)? Or do both forms need to be filed at the same time?

Kevin L Dixler answered on Jun 16, 2019

No, you must file the I-130, first. Note that there may be reasons to disqualify her from adjustment of status. She cannot work until she has work authorization.

I strongly recommend an appointment with a competent and experienced immigration attorney before filing, so there are not any...
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1 Answer | Asked in Business Formation and Immigration Law for Kansas on

Q: Can I sue a business for being ran illegally by an illegal immigrant

Ran a beauty pageant that over charges people for “fees” no contracts all non taxed money he pulls in .

Kevin L Dixler answered on Jun 14, 2019

How will you prove that this person is unlawfully present? A person’s ethnicity is no indication as to whether the person possesses lawful permanent resident status. A lawful permanent resident is not required to learn English, but it certainly helps a business if the owner speaks more than... Read more »

2 Answers | Asked in Immigration Law for Michigan on

Q: can I still adjust status ( I 485) While in the US through the immigration court?

Came to country legally through marriage to a us citizen, I have I 94 and Had conditional green card, after being the in The us for about a year, end up divorcing my US citizen wife, Immigration accused me of sham marriage and out me under removal proceeding.

My mom is a us citizen and... Read more »

Kevin L Dixler answered on Jun 13, 2019

A foreigner who enters the United States with conditional resident status cannot be petitioned and adjust status With anyone other than the person who originally petitioned them.

You will have to prove that you entered the first marriage in good faith. I strongly Recommend that you hire an...
Read more »

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2 Answers | Asked in Immigration Law for California on

Q: My father became a naturalized U.S. citizen when I was underage. How can I verify whether I became a U.S. citizen too?

In 1996 my father became a naturalized U.S. citizen. At that time my parents were divorced and I was temporarily living with him, but court documents show that my mother had custody of me at the time of their divorce. My father said he petitioned for my citizenship since I was underage and claims... Read more »

Kevin L Dixler answered on Jun 13, 2019

The only way to do so is to do a Freedom of Information Act Request. It is unclear whether you were a lawful permanent resident, which 'you must be' in order to somehow derive citizenship through your dad. Normally, you would have to derive citizenship through the custodial parent if you were 18... Read more »

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2 Answers | Asked in Immigration Law for Minnesota on

Q: What are the consequences of voting while not a citizen in Minnesota?

Kevin L Dixler answered on Jun 13, 2019

Immigration is Federal law. The decision for the court of appeals that covers Minnesota is consistent with other Federal Courts of Appeals. If you are a lawful permanent resident, then possible permanent disqualification from naturalization. You can be referred to immigration court for removal... Read more »

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1 Answer | Asked in Immigration Law for California on

Q: Permanent resident with no income -- want to Sponsor Green Card for child

Good morning, I am a senior citizen living in USA. Six months ago I immigrated to US as permanent resident. I want to sponsor Green card for my daughter. I have no income(never worked/filed taxes in USA). Currently I am not working. I have a relative supporting me. Is it possible to file a I-130... Read more »

Kevin L Dixler answered on Jun 13, 2019

If your daughter is married, then as a lawful permanent resident, you cannot petition her. In addition, if you live long enough for the visa to be available, then you will need to prove that you can financially support your daughter at that time. If not, then someone must be willing to act as a... Read more »

2 Answers | Asked in Employment Law, Family Law and Immigration Law for Illinois on

Q: Could my parents sponsor me a green card when I am maintaining OPT status?

I am currently on OPT and will start my H1B this October 2019. My parents have recently gotten a green card and I am curious If they can sponsor my green card so I can stay in the US to get the procedure completed.

Any help would be highly appreciated and I would like to start the... Read more »

Kevin L Dixler answered on Jun 11, 2019

More information is needed, but it may help provided you are eligible to file for adjustment 'before' your H-1b expires or is terminated due to resignation or termination. I strongly recommend an appointment with a competent and experienced immigration attorney, who can review all of the concerns... Read more »

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