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Questions Answered by Kevin L Dixler
1 Answer | Asked in Employment Law and Immigration Law for California on
Q: What are the options to work and stay in the country apart from H1B Visa?

I am international student and currently on F1 Visa. I have substantial degrees Bachelor's, Post Graduate from India have completed my MS Marketing in the U.S and soon will be conferred with MBA in U.S. I have 20 years of work experience with 3.5 years (OPT/CPT - 40 HOURS) within U.S. I am... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 13, 2021

The decision in the 1990s not to make permanent, the 200,000 visa cap pretty much created the professional work visa mess of the 2000s.

Most will find the road to seeking a work visa cost ineffective. There may be other visa options for some, but not for others.

As a result, I...
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1 Answer | Asked in Immigration Law and Employment Law for California on
Q: Can the minor child (17) of someone currently on a work visa waiting to receive their green card work legally in the US?

17 year old hopes to find work while her mother is waiting to receive her green card. She has already applied and has been waiting for a while, her daughter wants to get a summer job in the meantime to help support the family. Is the daughter eligible to work if the parent is on a legal sponsored... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 12, 2021

Not this summer. The daughter must be a derivative beneficiary. That is, she must be able to qualify for adjustment of status based upon her mom’s current immigrant visa. This requires an understanding of how the current visa bulletin works.

I strongly recommend an appointment with a...
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2 Answers | Asked in Immigration Law for California on
Q: Awaiting marriage-based i751+citizenship approvals. Lost job yesterday. Should I avoid asking for EDD/Foodstamps/else?

I rather not take any risk, and I also don't want my wife liable (even though we file taxes seperately).

I tried reading here: https://www.uscis.gov/archive/public-charge-fact-sheet and also here... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 8, 2021

The issue is different at this point, but can create complications. Are you living with your wife? Are you having a relationship? If your wife is employed, then the issue is whether you actually qualify to accept benefits. Are you committing fraud by accepting benefits that you are not lawfully... Read more »

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2 Answers | Asked in Immigration Law for Texas on
Q: Obtaining certificate of non-existence

I am originally from the Netherlands and reside in the US without legal status. I just found out yesterday my mother is dying and I need to return to the Netherlands. I am already trying to obtain a Laissez- Passer/Emergency Passport from the Netherlands but I was told I also need a certificate of... Read more »

Kevin L Dixler
Kevin L Dixler answered on May 27, 2021

This is likely something that you could have been warned about if you had an reasonable appointment with a competent and experienced immigration attorney.

Life encourages many to give up their indefinite plan to live in the U.S. The unlawful presence bar is often unforgivable for some who...
Read more »

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2 Answers | Asked in Immigration Law for Texas on
Q: My green card expired while waiting to be approved for citizenship. Do I need to renew my green card?
Kevin L Dixler
Kevin L Dixler answered on May 25, 2021

If a lawful permanent resident changes jobs or needs to travel, then they must have evidence of immigrant status for travel, CBP and I-9 purposes, respectively. In general, a lawful permanent resident must have proof of their status should they be subject to inspection. Otherwise, they can be... Read more »

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1 Answer | Asked in Child Custody, Contracts, Immigration Law and Appeals / Appellate Law for California on
Q: I found out that my old friends mom is using me as a reason to get custody over her daughter. Is this legal?

She thinks I’m a bad influence because she made assumptions about me. I haven’t hung out with her daughter in over a year or even gone to their house in two. She thinks that her dad will let me hang out with her but her dad and step mom hate me to.

Kevin L Dixler
Kevin L Dixler answered on May 7, 2021

How is this an immigration question? It seems like a matter that involves child custody. You may have rights, but may lose them if this is your child.

I strongly recommend an appointment with a competent California domestic relations attorney that handles child custody issues. Good luck!

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Alabama on
Q: Why my AL DL says FN? My previous ones used to be normal. Have Permanent Residence card for 30+ years.

2009 Alabama Code

Title 32 — MOTOR VEHICLES AND TRAFFIC.

Chapter 6 — LICENSES AND REGISTRATION.

Section 32-6-10.1 Foreign national Alabama driver's license /non-driver identification card/vessel license.

Section 32-6-10.1

Foreign national Alabama... Read more »

Kevin L Dixler
Kevin L Dixler answered on May 6, 2021

Because the current elected officials of the State of Alabama likely have some misperceptions about immigrants and want to label you.

If you don’t like the label, complain to your ‘State’ representative and Senator. What it is doing ‘may’ be against Federal law in that it may...
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2 Answers | Asked in Immigration Law for Ohio on
Q: Can I file I-485 (AOS) while my f-1 reinstatement is pending with USCIS.

I received an approved i-130 for unmarried son of US citizen F-1 category and thought i was in the clear.. stopped taking classes fell out of F-1 student status as a result.. when priority date became current, seeking advice I realized my mistake and applied for f-1 student reinstatement as fast as... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 22, 2021

This seems problematic, but more information is needed and quite soon! How long ago have you fallen out of status? Have you engaged in unlawful employment? The change in plans, that is, the desire to immigrate can impact upon your right to reinstate F-1 student visa status. Yet, there may be... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: Where do I start? Can I get an EAD without applying for the I-485 concurrently?

I have a daughter that is 20 that is my preparer and translator. She is trying to help me get an EAD. I had one but it expired in 2007. I came to the USA legally with a visa in 2002. My EAD was in c09 status. All my documents have expired. My passport/visa. Parole paper, EAD. Also I’m here in... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 22, 2021

More information is needed. If your EAD was based upon c(09) status, then it was due to a pending adjustment of status at that time. However, you never adjusted status. We need more information on what took place around 2007 that prevented you from becoming a lawful permanent resident before... Read more »

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: I want to block online search results of my immigration case decision details issued by the appeals court

for safety and privacy concerns, what is the best option, or any attorney who can petition the court?

Kevin L Dixler
Kevin L Dixler answered on Apr 14, 2021

If you don’t share your alien number, they can’t access the info. That said, few really know how to access. You must decide whether to stay, then risk detention and removal if the decision is against you!

If not, then it suggests that you were successful in getting relief, so you should...
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4 Answers | Asked in Immigration Law and Tax Law for Florida on
Q: hello, i need help sponsoring my foreign spouse

i, the sponsor and household member have a combined income to meet the minimum required amount to sponsor a relative but both of us weren't required to file taxes since i started a job late December 2020 with first paycheck in January while the household member started a job in November and... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 14, 2021

More information is needed. However, if you received a fee bill, paid, are 'now' being asked to file the affidavit of support at the National Visa Center, then it is likely that you will need a joint sponsor to complete a second affidavit of support. You ought to seek assistance with a... Read more »

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1 Answer | Asked in Divorce, Family Law and Immigration Law on
Q: What to do if your husband still chasing you and you have now a boyfriend. I want to file divorce but he dont want. Thx

I have a difficult situation right now. My husband is blackmailing to complain embassy coz i have a boyfriend and we are married. He want us to deport. My question is, how can i deport him?

Kevin L Dixler
Kevin L Dixler answered on Apr 11, 2021

Again, more information is needed. How is he blackmailing you? You can file for divorce where you believe there are reasons, then have the attorney request an order of protection, perhaps. The violation of an order of protection can cause complications. However, it is unclear whether you are taking... Read more »

1 Answer | Asked in Immigration Law on
Q: Can i file deportation to my husband that keeps on chasing me and blackmailing coz i have another someone with me?
Kevin L Dixler
Kevin L Dixler answered on Apr 11, 2021

More information is needed. How is he blackmailing you? You can file for divorce where you believe there are reasons, then have the attorney request an order of protection, perhaps. The violation of an order of protection can cause complications. However, it is unclear whether you are taking... Read more »

1 Answer | Asked in Immigration Law for Minnesota on
Q: I'm looking to have my cousin who is a nurse come from the Caribbean to live-in and care for my ill father in MN.
Kevin L Dixler
Kevin L Dixler answered on Apr 1, 2021

This can get complicated and have a permanent impact upon the immigration rights of your cousin. A B2 visitor, even a B1 casual business visitor, will likely violate the terms of their visa status if they live, work and get paid on a visit.

Compensation, and/or remuneration to the cousin...
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6 Answers | Asked in Bankruptcy, Immigration Law, Admiralty / Maritime and Health Care Law for Virginia on
Q: Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
Kevin L Dixler
Kevin L Dixler answered on Apr 1, 2021

If you have concerns, and the attorney is unwilling to provide a reasonable answer, then you may file a request for investigation in the State where the attorney is ‘actually licensed.’ Some attorneys practice Federal law in states different from where they are licensed. Bankruptcy and... Read more »

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1 Answer | Asked in Adoption and Immigration Law on
Q: cr1 visa in process for wife. her 8 year old daughter has been legally adopted. Does child need a separate petition?

State department approved I-130 of foreign wife of less than two years, waiting on interview. Her 8 year old daughter was legally adopted by me after the i-130 was approved. Is the child considered a derivative, or do I now also need to create an i-130 for the dependent child?

Kevin L Dixler
Kevin L Dixler answered on Mar 16, 2021

Yes, you must also file a separate petition for the child. A child is not a derivative to an immediate relative petition. A child is also an immediate relative, as well.

1 Answer | Asked in Immigration Law for Maryland on
Q: Can I get a greencard if there's a peace order or harassment charges filed against me?
Kevin L Dixler
Kevin L Dixler answered on Mar 15, 2021

More information is needed. Did you violate an order of protection and now have a conviction? Were you arrested by police? Were you served a document that requires you to stay away from someone?

I strongly recommend an appointment or Zoom Conference with a competent and experienced...
Read more »

3 Answers | Asked in Employment Law and Immigration Law for California on
Q: My boyfriend is here from South Africa for work. He works in Mississippi as a farm hand.

He states he’s not able to leave his employment to come to California and see me. What prohibits him from leaving?

Kevin L Dixler
Kevin L Dixler answered on Mar 15, 2021

I agree that there are too many reasons as my colleague mentioned. There is always the possibility that he is misinforming you. Questionable requests for money from people on the internet can be a source of fraud. He may be in Ghana or Nigeria for all that yo know.

He may not want to...
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1 Answer | Asked in Immigration Law and International Law for Illinois on
Q: Hello, I applied for post completion OPT one month ago. However, I realized that I forgot to answer the question 14

In the I-765 form, which asks whether I want to get a social security number. But because I have a number, I answered question 13 and gave my number. Because I sent the form without answering one question, I am worried about my approval. Do you think that will USCIS deny my application? What should... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 13, 2021

If the USCIS accepted an application in which you answered a question with another question, it should approve the application. That is, unless there are other defects.

1 Answer | Asked in Immigration Law and Juvenile Law for Oklahoma on
Q: Can a judge know where you where born if you are a juvenile? and if so would he deport you if you weren’t here legally?

Even if you are under the age of 18 and its your first offense and its a misdemeanor?

Kevin L Dixler
Kevin L Dixler answered on Mar 12, 2021

More information is needed. Which court? The County Court cannot deport you, but DHS Officers may take action. A local police officer is usually not given any control.

The answer may be yes, but it depends upon the type of judge! Is this an immigration judge?

Note that a person...
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