Questions Answered by Kevin L Dixler

Q: my husband has a ICE hold.he illegally reentered in the U S after being deported.he is seeking Asylum can he get bond?

2 Answers | Asked in Immigration Law for Florida on
Answered on Mar 17, 2019
Kevin L Dixler's answer
I agree. Justia is not the place to find a solution to his situation. Yet, it seems that he may have fallen victim to his own excesses. If not, then to questionable lawyering and impatience.

It will be important for you to find an appropriate attorney, who can take the time to evaluate and explain ‘all’ of your options. Otherwise, you may spend a lot more money in vain.

Some find it difficult to advocate for change in a nation that seems indifferent. Most Americans are...

Q: I am US citizen, my son is a green card holder.my son has a 2 years old child who was born and resides abroad

2 Answers | Asked in Immigration Law for Washington on
Answered on Mar 17, 2019
Kevin L Dixler's answer
Probably not. If your son managed to derive citizenship before his eighteenth birthday, this may help.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck!

Q: Would it affect someone to live in Mexico more than 6 months if resident only?

2 Answers | Asked in Immigration Law for Texas on
Answered on Mar 17, 2019
Kevin L Dixler's answer
I agree, but proving that he has a physical impairment that requires that he be opted out of the exam may prove very costly in addition to the legal help that he requires.

Sometimes, difficult decisions need to be made. For that reason, I strongly recommend an appointment with a competent and experienced immigration attorney who can spend enough time to answer all of your questions beforehand. This appointment has value. An appropriate decision should be made for your family. Good...

Q: Can I marry my foreign fiancé in Canada )I’m American he’s not ) then apply for adjustment of status when in USA?

2 Answers | Asked in Immigration Law for Florida on
Answered on Mar 16, 2019
Kevin L Dixler's answer
Your fiancé seems in the awkward and unenviable position of being caught in a Catch 22. He may have to consular process.

I strongly recommend an appointment or teleconference 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.

Q: I am living in Jamaica and currently being filed for a US citizenship. What's will be the delay if I have a child before

1 Answer | Asked in Immigration Law on
Answered on Mar 16, 2019
Kevin L Dixler's answer
You must be a lawful permanent resident of the U.S. in that you actually live in the U.S. most of the calendar year before you can seek citizenship by naturalization. You must interview for citizenship by naturalization after 3 to 5 years of continuous physical presence in the U. S.

It seems that you may have been petitioned for lawful permanent resident status. If you have a child, then the father of the child must be a U. S. Citizen. Otherwise, the child may have delays in lawfully...

Q: Can a foreign citizen enter on visa waiver, marry a US citizen and immediately return to country of origin to apply GC?

2 Answers | Asked in Immigration Law for Florida on
Answered on Mar 16, 2019
Kevin L Dixler's answer
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications.

The Foreign Affairs Manual, contained in 22 CFR, too often condemns that sort of conduct. Ask about the 30/60/90 day rule, which is an actual footnote to a regulation, but is too often enforced like law. Your decision to enter for such reasons have been interpreted as misrepresentation, even if there may appear to be a reasonable...

Q: Am I eligible for a green card and would it take long?

2 Answers | Asked in Immigration Law for Michigan on
Answered on Mar 13, 2019
Kevin L Dixler's answer
More information is needed. Particularly, the type of visa used for admission and whether something happened that disqualifies you. These issues include reasons other than crime.

As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications or unexpected delays. Good luck.

Q: My Chinese wife says that in order to go to America, she needs to have 50,000 rmb (~$7,300) in a bank account in China

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Mar 2, 2019
Kevin L Dixler's answer
This appears highly questionable. She may have been solicited by a snakehead or scamming organization that engages in the unauthorized practice of law.

I strongly recommend an appointment with a competent and experienced immigration attorney before there are any complications.

Q: I'm a Canadian, marrying US boyfriend that is incarcerated. Can he sponsor me while incarcerated, with cosponsors?

3 Answers | Asked in Immigration Law for New York on
Answered on Feb 11, 2019
Kevin L Dixler's answer
There are issues that need to be considered before filing. First, you can meet him, but he is locked up. I suppose that you can, but it will be difficult to take a photo of the two of you, together, unless he was not incarcerated when you first met him. More information is needed. When will he be released from jail?

In addition, you cannot consummate after the marriage if he is incarcerated with a longer term sentence. It is unclear if there is a joint sponsor to support you for...

Q: My green card expired a few months ago, will I have some problems to renew online?

2 Answers | Asked in Immigration Law for Texas on
Answered on Jan 24, 2019
Kevin L Dixler's answer
No, you should be able to renew, online. However, it may take a while for the biometrics and new card to come in the mail. You are obligated to update the card, but you are still considered a lawful permanent resident. It is best to renew before the card expires, because you can be disadvantaged, if you need to apply for a new job. Good luck.

Q: I want to go from Mexico to Peru. US passport expired. Can I use my other "nationality Passport" without a US passport?

1 Answer | Asked in Immigration Law on
Answered on Jan 24, 2019
Kevin L Dixler's answer
More information is needed. Which nation's passport? If you do so, then your travel falls under the jurisdiction of that nation, not the U.S. That means that you 'may' need a visitors visa depending upon the 'current relationship' between that nation and Peru. If you are arrested, detained, kidnapped, or missing, then your family will likely require the diplomatic services of the nation of that "other nation's passport." The U.S. may no longer have jurisdiction over you based upon...

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

2 Answers | Asked in Immigration Law for Massachusetts on
Answered on Jan 15, 2019
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.

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

2 Answers | Asked in Immigration Law and Family Law for Arizona on
Answered on Jan 11, 2019
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...

Q: For SET M application,Can I produce joint home insurance as one of the document for proof of cohabitation ?

2 Answers | Asked in Immigration Law on
Answered on Jan 7, 2019
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.

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?

2 Answers | Asked in Immigration Law for California on
Answered on Jan 2, 2019
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...

Q: How to get Driver's License extension when on STEM-OPT pending?

1 Answer | Asked in Immigration Law, Gov & Administrative Law and Public Benefits for Wisconsin on
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.

Q: Green Card issued in 1973 and SSN benefits out of country

1 Answer | Asked in Immigration Law and Social Security for Wisconsin on
Answered on Dec 28, 2018
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...

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

1 Answer | Asked in Divorce for Kansas on
Answered on Dec 26, 2018
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...

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

1 Answer | Asked in Immigration Law for Illinois on
Answered on Dec 23, 2018
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...

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

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Dec 23, 2018
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...

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