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Questions Answered by Kevin L Dixler
1 Answer | Asked in Immigration Law and Civil Rights for Alabama on
Q: Can the DMV deny your opportunity to take a driving test based on your language proficiency and Wont allow A translator?
Kevin L Dixler
Kevin L Dixler answered on Sep 1, 2020

If you are a lawful permanent resident, authorized to work, or a U.S. Citizen, then the answer is likely no. The challenge is that you must contact an attorney, who handles civil rights matters in Alabama to discuss the violation of your civil rights based upon the legal decisions in the Eleventh... Read more »

1 Answer | Asked in Immigration Law on
Q: I have two questions: 1) what is my chances to enter the US again? I still have B1/B2 valid visa.

Hello,

I hope this email finds you well. My name is Hany I’m a full-time lecturer in one of Egyptian universities. I was in the US between April 2019 to September 2019. I came to the US when I felt danger and have been told that my name has been mention in the state security which are... Read more »

Kevin L Dixler
Kevin L Dixler answered on Aug 24, 2020

If you left the United States before your hearing date in U. S. Immigration Court, then you seem to have self-deported! That means that you can be stopped at a port of entry, even detained. If you are deemed to have self-deported, then your case is likely over. In other words, by returning to... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: How can a person obtain a visa or tps or a green card if they came to the united states illegally? They are a minor.

They came here from Italy this year and now they live here with relatives that were born here.

Kevin L Dixler
Kevin L Dixler answered on Aug 24, 2020

More information is needed. How old are you? If a person comes to the U.S. on their valid visa, then this is different, although the person ‘may’ be deported without a hearing.

The person who acts as your guardian should seek legal assistance from a competent and experienced...
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4 Answers | Asked in Immigration Law, Adoption and International Law for Kentucky on
Q: I'm engaged to an Ukrainian and am trying to figure out how to get her Green Card after we marry.

The marriage will take place in Ukraine. We anticipate this to be early next year. She also has two children under the age of 18 that I eventually would be adopting.

Kevin L Dixler
Kevin L Dixler answered on Aug 20, 2020

More information is needed. Is she in the United States? Are you in the U.S.? If she is in the U.S., has she maintained, lost, or overstayed her status? These, among many issues should be discussed with a competent and experienced immigration attorney before she departs for Ukraine. There may... Read more »

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1 Answer | Asked in Immigration Law on
Q: In Wong Kim Ark did his attorneys ask SCOTUS to declare Wong to be a Natural Born Citizen?

USCIS Step #9 states there is no citizenship without allegiance. We know a citizen passes on allegiance. A non citizen must go thru naturalization. A legally approved by application/approval PERMANENT RESIDENT OR US National can be the birth parent of a citizen born in the USA. I contend the... Read more »

Kevin L Dixler
Kevin L Dixler answered on Aug 17, 2020

You misunderstand the lawful immigration visa process. There is no such 'official step 9.' It can take many more than 9 steps in the immigration visa process! You claim to know, but seem to understand very little!

In the beginning, all of those who were inspected and admitted...
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1 Answer | Asked in Immigration Law on
Q: hi can i come to us with f1 visa to study in english language school then change it to h1b

so can i after studying for about 4 weeks change my f1 visa to h1b visa to start fashion modeling without going bach home

Kevin L Dixler
Kevin L Dixler answered on Aug 17, 2020

More information is needed. In these situations, what is possible may not work due to processing delays. You will need to work sooner in most situations. The H1b is not the appropriate visa, where it is for modeling. I strongly recommend an appointment or teleconference with a competent and... Read more »

1 Answer | Asked in Employment Law and Probate on
Q: Is a estate fiscally responsible for a deceased person's hiring of an undocumented immigrant for 10 years before dying?

The undocumented person took care of an elderly couple.

Kevin L Dixler
Kevin L Dixler answered on Aug 17, 2020

If there are unpaid wages, the undocumented work may seek reasonable wages from a State Department of Labor, Wage and hour Department. The Department of Labor may express concern, but is normally underfunded. An estate is normally responsible for any unpaid debts, but its unclear how the courts... Read more »

2 Answers | Asked in Immigration Law for California on
Q: My Iranian wife and I married during COVID quarantine and I’m not close to my family. How to best mitigate USCIS issues?

My Iranian wife and I married May of this year, we fell in love in grad school (I am a US citizen by the way). We married during COVID quarantine and I’m not close to my family, so only a few of her family members could Skype in.

How can we best mitigate issues with our green card application?

Kevin L Dixler
Kevin L Dixler answered on Aug 17, 2020

Each family is different, so this is a counseling matter is most appropriately dealt with during an appointment or teleconference. Too many facts that are missing from this request must be disclosed and evaluated. There is a lack of clarity, since no two families nor situations are the same. To... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for New York on
Q: Can a children ( minor ) who came in 2013 with their parent to u.s and did not present to court faced the same charges

Can they now fix the immigration statues? Now that they are 18 ?

Kevin L Dixler
Kevin L Dixler answered on Aug 9, 2020

More information is needed. The facts are unclear, but you suggest that there is a final order of removal/deportation. This significantly complicates matters.

There are risks. Did you just turn18 years old? What, if any, form of relief is available? A series of other facts still remain...
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1 Answer | Asked in Immigration Law for California on
Q: Was wondering if I just filed for I130 on July 2020, Can I apply for DACA?

I am eligible for DACA but just filed for i130. Because I did not file for DACA because they had stopped accepting applications.

Kevin L Dixler
Kevin L Dixler answered on Jul 23, 2020

There is nothing stopping you from filing for DACA, because you are being petitioned by others. However, it is unclear whether you qualify. I strongly recommend an appointment 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 California on
Q: I am a green card holder. Will green card ban affect my husband who plans to leave US?

I am a green card holder and my husband was physically in US with F1 OPT on April 22. If he leaves US now, will he be affected by Trump’s proclamation if I apply for marriage-based green card for him (which will go through consular process)?

Kevin L Dixler
Kevin L Dixler answered on Jul 17, 2020

There are significant delays with visa petition and consular processing. There are also additional restriction which are best dealt with on U. S. soil where adjustment of status is still possible for him. If you depart too long to be with him, you can abandon your lawful permanent resident... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for California on
Q: I HAVE MISDEMEANOR EXHIBITION OF SPEED, IF IT WOULD AFFECT MY MARRIAGE BASED GREENCARD PROCESS ?

I GOT IN BARGAIN FOR DUI BCOZ OF MY FIRST OFFENSE

Kevin L Dixler
Kevin L Dixler answered on Jul 17, 2020

More information is needed. Adjustment of status is a matter of discretion. One issue is whether the offense took place, recently. An attorney should review the exact DUI statute that you were charged with, along with the certified copy of the conviction, police reports, and other materials.... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: I am a US citizen, how long would it take to get a green card for my wife who has over stayed her visa?

We are planning to move to Chicago and needed to know how long it would take to process her green card from there.

Kevin L Dixler
Kevin L Dixler answered on Jul 17, 2020

The USCIS provides a processing time range at www.uscis.gov, but processing can take longer. Sometimes, more evidence is requested by USCIS or the application and petitions are denied before an interview is even scheduled. It is always wise to have matters reasonably reviewed before filing. It... Read more »

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3 Answers | Asked in Immigration Law for Illinois on
Q: I have a question about I-864A joint sponsor. I hope someone can help me to understand.

Last month, I got married to US Citizen and she does not meet minimum income requirements. Thereafter, I talked to my uncle and he said he and his wife together makes about 35,000 a year in total household income for year 2019 based on IRS tax filling. And, this was only for year of 2019.My uncle... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 10, 2020

It is wise to reach out for help, but I recommend that you take this matter more seriously. More information is needed, but there can be a challenge.

I strongly recommend an appointment with a competent and experienced immigration attorney who can take the time to carefully review before...
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2 Answers | Asked in Immigration Law for California on
Q: Do F-1 students have a deadline of submitting green card application? Is it the end of the student's 60-day grace period

My fiancee and I have been together for three years. She is on F-1 visa and she just graduated from her graduate school last month. We are going to get our marriage license on July 21 and her 60-day grace period will end on August 14. We plan to have a wedding ceremony later. I am just wondering if... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 8, 2020

No. The law allows you to file for adjustment of status if you were admitted and inspected into the United States. The fact that you fall out of status is not an issue, but being placed in removal proceedings for deportation complicates matter. There are additional restrictions that have been... Read more »

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2 Answers | Asked in Immigration Law for California on
Q: Considering to apply for naturalization in Jan 2021 as per my 4 years and 2 days continuous residency eligibility?

- I moved to US on Dec 29, 2016 but then went back to India on Jan 15, 2017 for 5 months 15 days as my grandmother expired and then came back on June 30, 2017 to US.

- After coming back I have stayed here and doing a job since August 1, 2017 and have all taxes filed without any gap and no... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 8, 2020

You misunderstand that law. You must be physically present for a continuous physical period at least 4 years, without significant disruptions. However, if you are NOT married to a U.S. citizen, you must have been granted lawful permanent resident status at least five years before attending a... Read more »

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3 Answers | Asked in Immigration Law for Pennsylvania on
Q: she some1 apply for citizenship if married in 2000 was denied twice. 2009 got greencard through citizen daughter.

Should my mom apply for her citizenship.

After she was denied her greencard in 2000 but later received it through her child.

Kevin L Dixler
Kevin L Dixler answered on Jul 8, 2020

More information is needed, but this seems complicated, and perhaps, the USCIS made a mistake in granting lawful permanent resident status. In addition, the USCIS can get confused if steps were not taken to clarify how she qualified when approved.

As a result, I strongly recommend an...
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4 Answers | Asked in Immigration Law for North Carolina on
Q: Question for N-400 application

Hi, I'm unsure how to answer the following question: have I ever been in jail or prison?

I was previously arrested and released on bail a couple hours later. Based on this situation how should the question above be answered? Yes or No

Thank you in advance!

Kevin L Dixler
Kevin L Dixler answered on Jul 7, 2020

You may want to rethink whether to file for naturalization. Some offenses can result not only in your naturalization being denied, but followed by detention, and deportation proceedings.

A criminal conviction for immigration purposes is defined different as a matter of law. This means...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Can a friend live with me while overstaying her visa with a pending exchange/extension in progress?

I have a friend who is here on a Q1 Visa. Due to the virus, she lost her job and is experiencing a hardship and cannot return home. And given the current situation, travel is not advised. I helped her file an exchange of status from Q1 to B2. Unfortunately we did this 5 weeks into an overstay... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 6, 2020

Why not? There seems to be extreme confusion. The concept of harboring an alien, at law, is terribly misunderstood by the American public! You are allowed to support a friend in her effort to change status.

She filed late, but in doing she may have challenges that were left unexplained to...
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3 Answers | Asked in Immigration Law on
Q: Can I file taxes “married filing separately”? my wife has no income and there for she will not be filing taxes but we..

we are planning on filing a petition for her legal status through our marriage will that affect us in any way?

Kevin L Dixler
Kevin L Dixler answered on Jun 29, 2020

This makes little sense. I strongly recommend an appointment with a competent and experienced immigration attorney to discuss the concern.

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

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