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Questions Answered by Kevin L Dixler

1 Answer | Asked in Immigration Law for California on

Q: I have options but which one is the right one

My mother brought me into the US illegally when I was 5 months. We stayed here, never left. She submitted a u visa in 2017. But I had a son last year(2018) with a us citizen should getting married with him be a quicker process? I am trying to continue my studies but can’t due to my legal status.... Read more »

Kevin L Dixler answered on Sep 14, 2019

More information is needed about your boyfriend. He may be disqualified from petitioning you. You may also have to seek a waiver depending upon your age, along with consular processing. That can take time and not everyone who files for a waiver is approved.

In addition, the U visa process...
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2 Answers | Asked in Immigration Law for Illinois on

Q: immigration ..my marriage case was denied due to unlawful presence and some what do i do next. refile reopen reconsidr

please advise on what is the best way or means to go through

Kevin L Dixler answered on Sep 13, 2019

More information is needed. Some people are affected by the permanent bar due to unlawful presence. In addition, there may be other complications. You may need to pursue different relief.

You need an attorney, who will take the time to carefully read the decision and discuss options, if...
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1 Answer | Asked in Immigration Law for Georgia on

Q: Would getting married before my priority date becomes current slow down the process?

I am currently engaged. My priority date is March 2007. I belong to the F4 category and I reside in the Caribbean. I have a 2 year old who was born in the U.S. I would like to migrate to the U.S. with my soon to be husband and our daughter, would it be ok if I were to get married before my priority... Read more »

Kevin L Dixler answered on Sep 7, 2019

Yes, if it’s a sibling petition, but you must update your family information with NVC as soon as possible.

You may want to carefully plan with your family in case you are inadmissible due to actions by your sibling.

As a result, I strongly recommend a teleconference with a...
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2 Answers | Asked in Immigration Law for Florida on

Q: Hello Do I need legal help to bring my father from Colombia? He was deported early 90’s.

We came to USA legally with a resident card, he served time in prison, he opted to leave at the end of his sentence.

Kevin L Dixler answered on Sep 4, 2019

Yes, but it’s unclear whether he will be allowed to ‘ever immigrate’ as a matter of law and discretion. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications.

The above is...
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1 Answer | Asked in Immigration Law for Massachusetts on

Q: If upon entering the US on a green card, what happens if a border officer deems that I have not maintained residency?

If upon entering the US as a green card holder, a border security officer deems that I have not maintained residency in the US, what happens next? My understanding is that the border officer takes the green card, stamps my passport with a stamp that is good for re-entry for one year, and issues a... Read more »

Kevin L Dixler answered on Sep 3, 2019

This is not always the case. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Find an attorney who will explain the range of discretion that CBP has at a port of entry before you take any further... Read more »

1 Answer | Asked in Immigration Law for California on

Q: If the tourist visa B-2 gets rejected, would it have any negative impact on my I-130 immigration petition?

USCIS approved my I-130 family immigration case, and currently working with NVC to finalize the documents and schedule interview at the US Consulate in New Delhi, India. The priority date is expected to become current next year around September.

(i) Meanwhile can i apply for tourist (B-2)... Read more »

Kevin L Dixler answered on Sep 1, 2019

If the consular official thinks that you are circumventing the immigrant visa process, the State Department can find that you committed misrepresentation and indefinitely ban you from immigration. Fraud waivers after a recent violation can prove futile, so your visa may be revoked.

At this...
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1 Answer | Asked in Immigration Law on

Q: what is a waiver and what makes you qualified or not qualified for it?

Kevin L Dixler answered on Aug 29, 2019

A visa applicant with an approved petition who is disqualified is ‘not always eligible’ to waive the reason for the denial. ‘If’ a waiver is available, they must still meet the requirements to overcome or waive the reason for denial. Otherwise, they cannot enter the United States.... Read more »

2 Answers | Asked in Immigration Law for North Carolina on

Q: Can someone apply for dependent visa, if green card application has been filed already ?

If parents are in US and they file green card for their daughter (who is above 22 yrs old) living outside US , can daughter apply for F2 dependent visa if she gets married with F1 visa holder ? Does she need to cancel the ongoing application process ?

Kevin L Dixler answered on Aug 26, 2019

This gets complicated. The answer is that she should avoid taking any and all action that will prejudice her. That includes withdrawal of the petition, but many other actions, as well.

A careful review of the facts in the form of a teleconference with a competent and experienced immigration...
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1 Answer | Asked in Immigration Law for Tennessee on

Q: how can i help my friend get a us visitors visa ?. She is a citizen of jamaica living in curacao.

Kevin L Dixler answered on Aug 26, 2019

It depends. If the friend is interested in marrying you and/or staying too long, then they should be denied. A visitor cannot have immigrant intent and is presumed to have immigrant intent until they overcome the legal presumption.

Many applicants are denied due to this sort of...
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2 Answers | Asked in Immigration Law and Tax Law for California on

Q: Citizenship and possible back taxes.

My citizenship interview is scheduled for September. I may owe taxes to the IRS.

1. My former husband and I had an installment agreement with the IRS. We divorced in 2018; the marriage settlement agreement states that “the debt to the IRS” (it doesn’t specify the amount owed or the... Read more »

Kevin L Dixler answered on Aug 26, 2019

Yes, you should bring proof that you filed your tax returns, among other items, as mentioned. It’s unclear whether the documents will prove enough or even the subject of a request, but the examiner can make a request as a matter of discretion.

If asked for your tax returns, or proof of...
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2 Answers | Asked in Immigration Law for Louisiana on

Q: My husband came into the U.S. on a K visa we were married and filed for his LPR along with his I765 and I131.

He did his fingerprints meanwhile his mother died and he had to leave without receiving his travel docs. What should we do.

Kevin L Dixler answered on Aug 22, 2019

This is unfortunate. It’s hard to explain all of the conceivable consequences, but he should have stayed. He cannot return until he has the advanced parole.

You will be separated for a while, perhaps, many months.

As a result, I strongly recommend an appointment or teleconference...
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2 Answers | Asked in Immigration Law for Washington on

Q: I am working with a young man who is about to plead guilty to 2 felony charges. He was born here but his parents do not

have legal status. Could his plea create problems for his parents? No one at the court is going to report the matter to immigration.

Kevin L Dixler answered on Aug 20, 2019

More information is needed about the felony charges, which may disqualify him as a petitioner for them depending upon the situation.

I strongly recommend that he retain a competent and experienced immigration attorney for an appointment or teleconference before there are any other...
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1 Answer | Asked in Immigration Law for California on

Q: Im taking my 14 year old cousin to Mexico, he does not have a passport. What do we need to take to cross back safely

Kevin L Dixler answered on Aug 20, 2019

More information is needed. He must have a passport to travel to Mexico, but he must have a U.S. Passport to return.

I strongly recommend an appointment or teleconference before there are any other complications. Good luck.

The above is general information, not legal advice, and...
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1 Answer | Asked in Immigration Law for New York on

Q: Last year Aug 2018 my husband did i 130 form, which was approved in april 2019 this year.

My husband is a u.s citizen. I came to the u.s in may on my b2 visa given 6 mnths which expires in November. I decided to stay and we decided to do adjustment of status which was sent to Chicago IL uscis, i received the reciept notice with contains a priority date of august 29 2018 same as on my... Read more »

Kevin L Dixler answered on Aug 20, 2019

The adjustment of status allows you to lawfully remain and process in the United States. If you leave while the adjustment is pending, you can be banned for ten years from returning to the U.S., because to do so is considered abandonment and this eliminates any lawful presence that you may have... Read more »

3 Answers | Asked in Immigration Law for California on

Q: We signed an affidavit of support for my brother-in-law. He has a temporary green card. He has medical and food stamps.

He applied without letting us know, and he is also scheduled to have surgery. The surgery is not an emergency. Will we be held responsible for the surgery and the food stamps? We live in California.

Kevin L Dixler answered on Aug 20, 2019

This is unclear, but he can ask that the hospital collect from you. The U.S. Government has the right to seek reimbursement from you upon discovery that he lacks medical insurance. However, the government, through the Department of Justice, must decide whether to take action on the affidavit of... Read more »

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1 Answer | Asked in Immigration Law for Alabama on

Q: Hi i want to file for my wife i130 we got married in Jan 2015 but i was married before that and got my divorce aug 2015

I got married in india and i was married here in u.s before that im on my greencard ! Plus in my religion i can marry upto 4 wives legally in india

Kevin L Dixler answered on Aug 20, 2019

The U.S. bars polygamy. You can only be lawfully married to one person at a time. If you were married to more than one person, but did not report it to the USCIS, then you misrepresented a material fact. This can result in the revocation of lawful permanent resident status. I don't know all of... Read more »

2 Answers | Asked in Immigration Law for Massachusetts on

Q: Can grandparents with green card earn social security compensation?

They are going for their citizenship but are unable to maintain a job do to age. Social security a possible source of income?

Kevin L Dixler answered on Aug 19, 2019

This is more of a social security question, so it should be posted in that section.

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1 Answer | Asked in Immigration Law on

Q: I can get my citizenship, although my father is already dead

Good morning, my question is the following, my father obtained his citizenship when I was 16 years old, I lived with him under his responsibility, and my father died, I can apply for my citizenship, at the time of obtaining his citizenship I was a legal resident After I became of legal age, I... Read more »

Kevin L Dixler answered on Aug 19, 2019

More information is needed. Were you a lawful permanent resident when your father became a U. S. citizen? What year did you reach your eighteenth birthday? Were you petitioned by your father when he was a U. S. citizen? Were you first admitted into the U.S. as a lawful permanent resident? If... Read more »

1 Answer | Asked in Immigration Law for Florida on

Q: Hi we are here a legal immigrants with permeant green card from 2017 And we have marketplace insurance (obama care)

Hi we are here a legal immigrants with permeant green card from 2017

And we have marketplace insurance (obama care)so is the marketplace insurance (obama care) in the public charge law?? and we have for stop it?? and is that affect on us when we are applying for citizenship

Kevin L Dixler answered on Aug 16, 2019

No, where you ‘and’ your employer pay for it, it’s required, and it’s not subsidized as a means tested benefit. If you are still confused, schedule an appointment or teleconference with a competent and experienced immigration attorney. Good luck.

The above is general information,...
Read more »

1 Answer | Asked in Immigration Law for California on

Q: My brother is in F3 category. His priority date is 12/07/2007. Start filling date is now 12/22/2007. What options he has

Which means he can start filing. He also has a visitor visa. Can he come here on visitor visa and file for change of status to get an EAD with AP.

Kevin L Dixler answered on Aug 13, 2019

No, if he does so then he violates the terms of his non-immigrant visa, so he can be summarily removed by the CBP at the airport. Assuming that he arrives, he may experience delays and harassment by USCIS. There may be other issues regarding dependents, among other possible complications... Read more »

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