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Questions Answered by Kevin L Dixler
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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5 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...
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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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3 Answers | Asked in Military Law and Immigration Law for New Mexico on
Q: When a veteran is disabled and need help from some body who live in other country. What steps He has to do? Maritza .

My husband and I are disabled and live along in the house, He uses a walker and me a wheelchair, have been very difficult because we don't have family close and some times one of us falls at dawn in the night and we have to tried to help our self take long time but we do.

Kevin L Dixler
Kevin L Dixler answered on Mar 10, 2021

It will likely take more time than you envision, so it may prove best to avoid. You may find it easier and more cost effective to hire someone who is a U.S. citizens, permanent resident, or who has employment authorization that can be renewed.

As a result, I strongly recommend an...
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1 Answer | Asked in Immigration Law for California on
Q: Do asylees applying for a green card also have to apply for a work permit? Thank you very much

I’m an Asylee. I applied for green card and I-765 at the same time. It’s been a 7 mount and my I-765 just denied. Can you have a comment about the reason for denial? and Will this denial affect my green card application? Their response is below:

8 CFR § 274a.12(c)(9) allows for... Read more »

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

No, it seems that you incorrectly filled out the I-765 form with the wrong classification. You will simply have to apply, again. You may have to pay a filing fee. I strongly recommend an appointment with a competent and experienced immigration attorney to avoid any complications and/or delays.

3 Answers | Asked in Immigration Law for Texas on
Q: Can a illigal immigrant fix papers of they have a dometic violence on their record but it was dismiss?

Much more information is needed. How did you enter the U.S.? Illegaly

Are you married? If so, what is your spouse’s immigration status? Yes we are married,he is illegaly here and I have papers

Do you have a child born in the U.S.?yes we have a child

How old is your child? 3yrs old

Kevin L Dixler
Kevin L Dixler answered on Mar 5, 2021

Much more information is needed. How did you enter the U.S.? Are you an overstay? Are you married? If so, what is your spouse’s immigration status? Do you have a child born in the U.S.? How old is your child?

I strongly recommend an appointment or teleconference with a competent and...
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3 Answers | Asked in Divorce, Immigration Law, Civil Rights and International Law for New Jersey on
Q: Hypothetically let's say an immigrant married a US resident, and planned on creating a life here in the US together.

However the immigrant through time and lifestyle choices and even personal relationships, no longer felt the relationship they were in was feesable for them and the US resident to remain as a couple.

However the immigrant has a job and a life that they enjoy as well they may have even... Read more »

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

More information is needed. Newer decisions mean that the definition of marriage fraud for a prior marriage has become larger and more devastating. The USCIS now more often reviews the prior marriage to determine whether 'any' new spouse is barred from petitioning the immigrant as a... Read more »

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2 Answers | Asked in Employment Law and Immigration Law for New York on
Q: How to gain right to work for non us citizen?

All talent that we represent must either be a US citizen or have the

right to work within the US. In order to work in the adult industry in

the US two forms of US issued id's are required

Kevin L Dixler
Kevin L Dixler answered on Mar 4, 2021

That’s the law. You must be authorized to work. Those who are lawful permanent residents have the right to work, as well.

An employer has no obligation to petition someone for a work visa. The law requires the U.S. employer to first seek someone with the minimum requirements for the job...
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1 Answer | Asked in Immigration Law for Hawaii on
Q: Can my husband move to Hawaii with me (from Toronto) even if we are soon-to-be separated? I am getting the work visa.

I would like to move my family to Hawaii. I am looking to purchase a company and would therefore qualify for a work visa. However, my husband and I are in the midst of separating. I would like to assist his move to the US and wondered if I should delay the separation or if we can still all move... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 4, 2021

More information is needed. Have your petition for an investor visa been approved? If not, it can take a significant amount of time for U.S. visa petition processing. Likely, much more time than Canada. Perhaps, more time then you and your husband wish to wait.

As a result, I strongly...
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1 Answer | Asked in Immigration Law for Illinois on
Q: I got update on my I-129 F , saying that Department of State sent back my case to USCIS for review. What does it mean?

My petition was approved on December 9, and I received approval notice from USCIS one week later. A few days ago I contacted NVC about my case and they told me that my case isn’t in their system. So I decided to check my case status on USCIS, just in case. I was surprised and frustrated because... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 3, 2021

There was a ban on non immigrant and immigrant visas until the recent proclamation revoking former President Trump’s executive order. The National Visa Center had no other choice, but to send it back. However, there is now hope.

I strongly recommend an appointment with a competent and...
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1 Answer | Asked in Immigration Law for California on
Q: i was brought here at 9 now im 24 Whats the best way i can get a citizenship? my mother was born in the US we didnt act
Kevin L Dixler
Kevin L Dixler answered on Feb 24, 2021

The question is whether you have already derived citizenship. More information is needed about your mother. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, like this office, before there are any more complications and confusion.... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Who will receive notice of receipt from USICS. lawyer or applicant? Filed late Dec. 2020.

My husband used a document preparation service and or lawyer to file his AOS. We filed late December 2020. Still no receipt, and cant get in touch with “lawyer” and or document preparer. I say lawyer and or document preparer because my husband says he’s a lawyer but I don’t think he is and... Read more »

Kevin L Dixler
Kevin L Dixler answered on Feb 24, 2021

The delay may not be an issue. This is due to challenges resulting from the last U.S.C.I.S. Administration. You should be notified, but usually the applicants are notified if their address appears on the forms as the mailing address.

A document preparer is 'not' a U.S....
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3 Answers | Asked in Immigration Law for North Carolina on
Q: Can I (USC) marry my Mexican fiance in the US with his B1/B2 visa. Then return to Mexico for the immigration process?

We want to marry here in the USA. He will need to return to Mexico because of his job. I plan to go back with him after the wedding, and we will start the 1-130 Spouse visa petition from Mexico. Can we get married here with his tourist visa?

Kevin L Dixler
Kevin L Dixler answered on Feb 24, 2021

If you marry him, then he departs due to his job, he may not be able to lawfully return to the U.S. until consular processing. That can take a year, perhaps, two or more years based upon COVID-19 delays. He is barred from using his visitor visa once he has immigrant intent, which he seems to have... Read more »

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2 Answers | Asked in Divorce and Immigration Law for Illinois on
Q: My spouse filed for divorce without telling me, he got my stimulus check and refused to give it to me. What do I do?

We have been having problems for a while now, I got my Green card a few months ago and last month, I got divorce papers from his lawyer. I didn't even know he was filing for a divorce. He got my stimulus second stimulus check last month and refused to give it to me but he's still... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 3, 2021

More information is needed. How long were you married when your adjustment of status was approved? When does your green card expire?

I strongly recommend an appointment with a competent and experienced immigration attorney who can spend enough time, find out the facts, and suggest what is...
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1 Answer | Asked in Immigration Law for Illinois on
Q: How long it take to get a trial in my case. So I could find a way just to get me moving than be sorry their mistakes .

Their mistakes made , that I considered as a recklessness for such a long time atty.

The damage that they’ve made it’s terrible.

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

More information is needed. What types of mistakes? By whom? By moving, do you mean deported?

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...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: I-130 petition for my brother who lives in Pakistan and is married to two wives. Will this have implications?

In Pakistan, you can have more than one wife by law.

Kevin L Dixler
Kevin L Dixler answered on Jan 29, 2021

Yes, this is a problem. The names of all spouses must be included in the petition. Bigamy is grounds for inadmissibility. This means that, as a bigamist, he should be disqualified from lawful immigration. This will require any previously approved I-130 petition to be revoked, even years later.... Read more »

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