Questions Answered by Kevin L Dixler
Q: I got caught crossing border and got an I-94 and was let out on bond. Im Married to a citizen now can I file an I-485
Kevin L Dixler's answer
More information is needed. Did you have a visa? If so, which type? An attorney should review the basis of the I-94. It is unclear what action CBP or ICE took at the time. It is unclear how CBP or ICE will proceed. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any more complications. Good luck.
More information is needed. Did you have a visa? If so, which type? An attorney should review the basis of the I-94. It is unclear what action CBP or ICE took at the time. It is unclear how CBP or ICE will proceed. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any more complications. Good luck.
Q: How can i marry my current girlfriend who is on a e-3 visa so she can stay or i can go to her with her to her countr
Kevin L Dixler's answer
Yes, it is possible for her to stay, but she must agree to marry you, you must petition her, then she must request processing for "conditional" permanent resident status in the U.S. The cost is significant and the law gets extremely complicated. Her marriage based case can be delayed, denied and perhaps she can be deported in the process if the paperwork is mishandled and documentary evidence omitted. If she departs, it may take over a year for her to lawfully return!
As a result, I...
Yes, it is possible for her to stay, but she must agree to marry you, you must petition her, then she must request processing for "conditional" permanent resident status in the U.S. The cost is significant and the law gets extremely complicated. Her marriage based case can be delayed, denied and perhaps she can be deported in the process if the paperwork is mishandled and documentary evidence omitted. If she departs, it may take over a year for her to lawfully return!
As a result, I...
Q: For SET M application,Can I produce joint home insurance as one of the document for proof of cohabitation ?
Kevin L Dixler's answer
More information is needed. Is this for an I-130 marriage petition? If so, then this is one of many documents that can be considered. Insufficient amounts and unvarying types of documentation can lead to delays.
The above is general information, not legal advice, and does not create an attorney client relationship.
More information is needed. Is this for an I-130 marriage petition? If so, then this is one of many documents that can be considered. Insufficient amounts and unvarying types of documentation can lead to delays.
The above is general information, not legal advice, and does not create an attorney client relationship.
Q: Can an ESTA App be denied in 2018 due to an Extension of Stay on an O1 Visa in 2015 not being computer updated by CBP?
Kevin L Dixler's answer
You were allowed to stay until an O-1 decision and decision on the extension. However, if you leave before a decision, then your extension of status application is deemed abandoned which revoked that part of the application. That is why you became an overstay.
If you need more than general information on why your ESTA was denied, schedule an appointment or teleconference with a competent and experienced immigration attorney. Good luck.
The above is general information, not...
You were allowed to stay until an O-1 decision and decision on the extension. However, if you leave before a decision, then your extension of status application is deemed abandoned which revoked that part of the application. That is why you became an overstay.
If you need more than general information on why your ESTA was denied, schedule an appointment or teleconference with a competent and experienced immigration attorney. Good luck.
The above is general information, not...
Q: How to get Driver's License extension when on STEM-OPT pending?
1 Answer
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Immigration Law, Gov & Administrative Law and Public Benefits
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Wisconsin
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Answered on Dec 28, 2018
Answered on Dec 28, 2018
Kevin L Dixler's answer
Some of these issues are best considered before a job or internship is accepted in a less immigrant friendly state like Wisconsin. I strongly recommend an appointment with a competent and experienced immigration attorney to consider all of your options. Good luck.
The above is general information, not legal advice, and 'does not' create an attorney client relationship.
Some of these issues are best considered before a job or internship is accepted in a less immigrant friendly state like Wisconsin. I strongly recommend an appointment with a competent and experienced immigration attorney to consider all of your options. Good luck.
The above is general information, not legal advice, and 'does not' create an attorney client relationship.
Q: Green Card issued in 1973 and SSN benefits out of country
Kevin L Dixler's answer
He will never lose his social security number, but he can lose lawful permanent resident status based upon abandonment. His decision to leave the U. S. for more than a year has arguable consequences. The old I-551 cards do not change the law on abandonment. The cards are the property of the U. S. Government. The alien resident card can be confiscated, among other consequences, where there is reason to believe that he abandoned his lawful permanent resident status. His right to collect...
He will never lose his social security number, but he can lose lawful permanent resident status based upon abandonment. His decision to leave the U. S. for more than a year has arguable consequences. The old I-551 cards do not change the law on abandonment. The cards are the property of the U. S. Government. The alien resident card can be confiscated, among other consequences, where there is reason to believe that he abandoned his lawful permanent resident status. His right to collect...
Q: If you married somne who was illegal unknowingly and left 2 days after and haven't heard or seen them in 18 years a
Kevin L Dixler's answer
No one unknowingly gets married. If you were married, and the marriage was registered and/or lawful, then the state rules of law apply where the marriage took place.
All human beings are legal for marriage purposes unless they are blood related to you or already married to someone else.
If you ‘did not’ consummate the marriage, but waited too long to take action, then you may still need a divorce, not an annulment. If you marry without divorce, you may commit bigamy, which...
No one unknowingly gets married. If you were married, and the marriage was registered and/or lawful, then the state rules of law apply where the marriage took place.
All human beings are legal for marriage purposes unless they are blood related to you or already married to someone else.
If you ‘did not’ consummate the marriage, but waited too long to take action, then you may still need a divorce, not an annulment. If you marry without divorce, you may commit bigamy, which...
Q: my grandmother opened a case to get my parents and I a green card to let us move and live with her in the states in 2010
Kevin L Dixler's answer
No, the visa quotas are extremely low given the number of applicants being petitioned. In addition, you are disqualified as a derivative child applicant, because you are now significantly over 21 years of age. There may be other options, but I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any more complications.
The above is general information, not legal advice, and does not create an attorney client...
No, the visa quotas are extremely low given the number of applicants being petitioned. In addition, you are disqualified as a derivative child applicant, because you are now significantly over 21 years of age. There may be other options, but I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any more complications.
The above is general information, not legal advice, and does not create an attorney client...
Q: I moved over here to the US over 3 years ago on the K1 visa and my husband wants to split up, what are my options
Kevin L Dixler's answer
If you married your husband based upon a K-1 visa, then you have proven that you entered the marriage in good faith. The only issue is whether the I-864 must be completed by your husband. There are significant legal arguments. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship. Note that...
If you married your husband based upon a K-1 visa, then you have proven that you entered the marriage in good faith. The only issue is whether the I-864 must be completed by your husband. There are significant legal arguments. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship. Note that...
Q: Hi. I've been a permanent resident of the U.S. since 1970. Sometime between 1983 and 85 I got married but then divorced.
Kevin L Dixler's answer
The USCIS will require a certified copy of the divorce order or equivalent from the County where the divorce took place. You may have to visit the clerk of the court to determine the case number. You may also have to request that the clerk retrieve the court file from storage. In addition, there may be quite a few facts that you are unable to remember, but can determine with careful investigation and research by an attorney.
As a result, I encourage you to hire a competent and...
The USCIS will require a certified copy of the divorce order or equivalent from the County where the divorce took place. You may have to visit the clerk of the court to determine the case number. You may also have to request that the clerk retrieve the court file from storage. In addition, there may be quite a few facts that you are unable to remember, but can determine with careful investigation and research by an attorney.
As a result, I encourage you to hire a competent and...
Q: Will I qualify for sb1 visa if I surrendered my green card because of severe mental illness?
Kevin L Dixler's answer
It is unclear which category you can be petitioned under. In addition, you will need to eventually demonstrate to the satisfaction of a consular official that you are not inadmissible in that your mental disorder is now under control.
It would have been best to retain your lawful permanent resident status, if possible. It is unclear how you lost your status. More information is needed.
I strongly recommend an appointment or teleconference with a competent and experienced...
It is unclear which category you can be petitioned under. In addition, you will need to eventually demonstrate to the satisfaction of a consular official that you are not inadmissible in that your mental disorder is now under control.
It would have been best to retain your lawful permanent resident status, if possible. It is unclear how you lost your status. More information is needed.
I strongly recommend an appointment or teleconference with a competent and experienced...
Q: I'm a US citizen and would like to adopt my nephews (non orphans) who live overseas and are 14 and 12 years. What to do?
Kevin L Dixler's answer
These sorts of family related petitions can get complicated. In addition, some nations are subject to newer international rules on adoption that require special internationally certified adoption attorneys.
I strongly recommend an appointment with a competent and experienced immigration attorney, who can work with or recommend a certified international immigration adoption attorney, if necessary. Good luck.
These sorts of family related petitions can get complicated. In addition, some nations are subject to newer international rules on adoption that require special internationally certified adoption attorneys.
I strongly recommend an appointment with a competent and experienced immigration attorney, who can work with or recommend a certified international immigration adoption attorney, if necessary. Good luck.
Q: My wife is waiting for her adjustment of status and she has an advance parole document. Is she able to travel to canada
Kevin L Dixler's answer
Arguably, but it’s an issue more complicated by changes in what constitutes unlawful presence prior to departure and subsequent parole into the U. S. This can cause an indefinite bar to lawful immigration.
I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications.
The above is general information, not legal advice, and does not create an attorney client relationship.
Arguably, but it’s an issue more complicated by changes in what constitutes unlawful presence prior to departure and subsequent parole into the U. S. This can cause an indefinite bar to lawful immigration.
I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications.
The above is general information, not legal advice, and does not create an attorney client relationship.
Q: I qualify to apply for a Citizenship certificate using form N-600, but my GreenCard is expired. Do I have to renew 1st?
Kevin L Dixler's answer
There is an assumption that you qualify for an B-600. That may be a big assumption. Assuming you are correct, no, because ‘if’ you can prove to the satisfaction of USCIS that you already derived citizenship, then you are no longer a lawful permanent resident.
If you need further assistance, then make an appointment with a competent and experienced immigration attorney before there are any complications. Good luck.
The above is general information, not legal advice, and does...
There is an assumption that you qualify for an B-600. That may be a big assumption. Assuming you are correct, no, because ‘if’ you can prove to the satisfaction of USCIS that you already derived citizenship, then you are no longer a lawful permanent resident.
If you need further assistance, then make an appointment with a competent and experienced immigration attorney before there are any complications. Good luck.
The above is general information, not legal advice, and does...
Q: Hi I’m wondering how go by bringing my husband back on a visa he was charge with conspiracy did time then deported
Kevin L Dixler's answer
Some parents can never return to the U. S. There are times when exceptional work is undertaken with quite a few hours invested to overcome a permanent bar. A conspiracy to commit a crime can be a permanent bar without substantial work and patience. This, to prove to the satisfaction of the USCIS that a situation exists. This requires relevant documentation. This also takes more time than clients expect.
This seems like a job for an immigration attorney. As a result, I strongly...
Some parents can never return to the U. S. There are times when exceptional work is undertaken with quite a few hours invested to overcome a permanent bar. A conspiracy to commit a crime can be a permanent bar without substantial work and patience. This, to prove to the satisfaction of the USCIS that a situation exists. This requires relevant documentation. This also takes more time than clients expect.
This seems like a job for an immigration attorney. As a result, I strongly...
Q: Can you get married to an illegal immigrant in Illinois?
Kevin L Dixler's answer
I agree, at this point, but once married you will both need to work toward documenting and processing him for conditional resident status. This is a bit more complicated. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney. An experienced immigration attorney can review the facts and discuss whether there are any facts that may create additional paperwork and documentation. Good luck.
The above is general information, not legal...
I agree, at this point, but once married you will both need to work toward documenting and processing him for conditional resident status. This is a bit more complicated. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney. An experienced immigration attorney can review the facts and discuss whether there are any facts that may create additional paperwork and documentation. Good luck.
The above is general information, not legal...
Q: I am in Canada under student Visa. I have an idea i wish to convert to online business service.What is the procedure?
Kevin L Dixler's answer
As an F-1 student, you are to engage in your studies on a full time basis until graduation. If you live, work and draw remuneration from such activity, without ‘proper’ employment authorization then you violate the law.
If you have an idea that you are ready to pursue, then you must return to Canada. Otherwise, you run the risk of falling out of status and possibly becoming an overstay.
I strongly recommend an appointment with a competent and experienced immigration attorney...
As an F-1 student, you are to engage in your studies on a full time basis until graduation. If you live, work and draw remuneration from such activity, without ‘proper’ employment authorization then you violate the law.
If you have an idea that you are ready to pursue, then you must return to Canada. Otherwise, you run the risk of falling out of status and possibly becoming an overstay.
I strongly recommend an appointment with a competent and experienced immigration attorney...
Q: Can my husband adopt my daughter if he is not a citizen? He is from mexico and is starting the process for citizenship.
Kevin L Dixler's answer
He will need to go through the proper channels, and courts, but a lawful permanent resident can adopt a child.
He will need to go through the proper channels, and courts, but a lawful permanent resident can adopt a child.
Q: Do I need my vital records or just the marriage certificate for an adjustment of status?
Kevin L Dixler's answer
As you may know, you will need much more documentation than a properly certified and sealed marriage certificate. The issue is when and how to proceed. If done correctly, there will eventually be a hearing/interview.
The paperwork is complicated with some applicants improperly filing incomplete documentation, then living out of status for years, until they are taken into custody, or perhaps, deported.
I strongly recommend an appointment with a competent and experienced...
As you may know, you will need much more documentation than a properly certified and sealed marriage certificate. The issue is when and how to proceed. If done correctly, there will eventually be a hearing/interview.
The paperwork is complicated with some applicants improperly filing incomplete documentation, then living out of status for years, until they are taken into custody, or perhaps, deported.
I strongly recommend an appointment with a competent and experienced...
Q: If my spouse has to apply for a greencard, would we both have to live in America? And could he register behind my back?
Kevin L Dixler's answer
First, if you are unable to trust him, then why remain married to him? Second, if you both intend to return and permanently live in the U. S. together, then you should petition him. If you both intend to live abroad, then don’t. In that case, he should consider petitioning you for landed immigrant status if you live where he is a citizen.
Americans are not immune from deportation. More and more are experiencing the scrutiny of more attentive visa review from foreign governments. This,...
First, if you are unable to trust him, then why remain married to him? Second, if you both intend to return and permanently live in the U. S. together, then you should petition him. If you both intend to live abroad, then don’t. In that case, he should consider petitioning you for landed immigrant status if you live where he is a citizen.
Americans are not immune from deportation. More and more are experiencing the scrutiny of more attentive visa review from foreign governments. This,...
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