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Questions Answered by Kevin L Dixler
2 Answers | Asked in Immigration Law for Illinois on
Q: My I485 approved on 03/8 and yet to receive GC.Will I be allowed to re-enter US on my AP received prior to I485 approval
Kevin L Dixler
Kevin L Dixler
answered on Mar 21, 2023

What you will be allowed to do varies based upon CBP discretion. Your advanced parole is no longer valid, since you were approved and are now a lawful permanent resident. If you were represented by an attorney, then seek that attorney's advice. If not, you ought to pay for an appointment... View More

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2 Answers | Asked in Immigration Law for Alabama on
Q: I have questions about Vistas from the US to the UK and joint citizenship.

I am looking to move from the US to the UK sometime in the beginning of next year. My boyfriend is a British Citizen in the UK and I am looking to join him & get a place together but we don't know all the specifics of the Vistas. We have done some research but are both a little confused on... View More

Kevin L Dixler
Kevin L Dixler
answered on Mar 21, 2023

Just like the United States, there are attorneys who practice immigration and visa law in the United Kingdom. The abuse of a visitor visa has consequences. You must both decide your mutual needs and whether you have an intent to immigration with a competent and experienced immigration and visa... View More

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2 Answers | Asked in Immigration Law for New Jersey on
Q: prosecutorial discretion vs. joint motion (I'm a greencard holder)

I got my greencard thru. marriage (married for 2 years now and have a baby). Recently, motion to reopen was denial (my deportation order). What is my next/best option?

Some advised me to do a joint motioin. some advised me to do a PD.

Thank you.

Kevin L Dixler
Kevin L Dixler
answered on Jan 28, 2023

If you are representing yourself at least you appreciate that you are doing something wrong. If you have representation, the discretion being used, that is, the advocacy and time spent to present the request seems to be ineffective or insufficient based upon the immigration judge's... View More

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2 Answers | Asked in Immigration Law for Washington on
Q: Does filing a motion to terminate removal proceedings grant me a green-card or do I have to file EOIR-42B?

I have an approved VAWA which I filed concurrently with I-485. I’m not sure whether to file a motion to terminate removal proceedings or file EORI-43B? Which of these will grant me a GreenCard? Thank you.

Kevin L Dixler
Kevin L Dixler
answered on Jan 20, 2023

Some are disqualified from VAWA adjustment of status, so they can only seek VAWA cancellation. Again, filing a motion to terminate can mess things up and might even be denied.

As a result, I also strongly recommend that you seek representation before matters get more complicated.

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Steps I need to take to travel with a Nicaraguan citizen that is here in the US, to Nicaragua.

We want to travel together there and back home without incident

Kevin L Dixler
Kevin L Dixler
answered on Jan 4, 2023

More information is needed. If the person is without status in the U.S. or overstayed a visa for more than a year, then they can trigger a 10 year bar to lawful admission in any status. That means that they may not be able to lawfully return to the U.S., among other indefinite complications to... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: What I797 Approval Notice is Required to review my daughter's I485 document with my Pending VAWA Application?

I submitted my daughter's I485 & I765 document with a copy of my I360 receipt notice(application still pending) & prima facie notice. It was returned asking that I provide

"A copy of I797 approval notice establishing that you are the beneficiary of a pending or approved... View More

Kevin L Dixler
Kevin L Dixler
answered on Dec 30, 2022

More information is needed. It is possible that your daughter's form may have not been properly completed. It is equally possible that that the USCIS needed proof that you previously filed the form I-485 application. Review the material. If you are still confused, you ought to seek an... View More

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: So I spoke to someone and was told because we never seen each other in person we gave to have some kind of pictures,bank

Account to do the I-130 so now just wondering what Visa he needs to apply for,for temporary visa so we can get proof or is that info wrong since we are legally married.

Kevin L Dixler
Kevin L Dixler
answered on Dec 27, 2022

You’re speaking to the wrong people!

The difference between legally married (on paper) and entering into a marriage based upon a good faith relationship are significant. Someone who has yet to meet their spouse is likely to eventually be challenged prior to or during processing....
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1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Q: Can I lose my green card if I got it through my mother and she commits a crime (not immigration fraud)

My father and I got our green cards through my mother legally. If my mother commits a crime such as a larceny and gets deported, will my father and I lose our green cards as well since we got them through her? I'm not asking about an immigration crime , we got our green cards without any... View More

Kevin L Dixler
Kevin L Dixler
answered on Dec 18, 2022

No, ‘unless’ either of you are accused of being a part of the criminal scheme. If so, you can be charged, indicted, arrested, and possibly convicted. That may get you deported!

If your mother is involved in a crime, you ‘do not’ have an affirmative responsibility to report her to...
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1 Answer | Asked in Immigration Law and Tax Law for Florida on
Q: I was unemployed for the year 2021. How do I file a late tax return for 2021? How does this correlate with i864?
Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

If you lacked earnings, then the USCIS may take an average of the annual income. However, if the petitioner remains unemployed during 2022, then the Service has been known to require a joint sponsor in some situations.

If this matter is an issue, then you ought to consider hiring an...
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1 Answer | Asked in DUI / DWI and Immigration Law for Washington on
Q: Recently I had court for a dui and they moved forward my court date because im a resident the one representing me

Doesn't know much about immigration so she told me to find someone and see what the consequences are

Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

If you are a green card holder, not just someone with an employment authorization card, then you will likely need to delay filing for naturalization.

You ought to hire a competent and experienced immigration attorney to determine when you should file for naturalization. Also, whether there...
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3 Answers | Asked in Immigration Law for Illinois on
Q: I have a tourist visa, if I come to work with my name and information but with false insurance, can the government find

I want to work to cover the expenses since my son is a citizen and is studying in the USA, I looked for a way to get a work visa but I couldn't.

Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

I agree. A visitor visa is meant for those who visit family or wish to see the U.S. it is not meant for work, so your son must seek a scholarship and/or support himself.

Once he reaches the age of twenty one, he may choose to petition you, but he must prove that he can financially support...
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1 Answer | Asked in Immigration Law for Texas on
Q: I have an I-130 approved since 1996 when my Mom was a PR. It is still valid nowadays? I'm a married, adult child. Thks

I'm currently in the US (holding a B1 Visa) and I just learned about that petition and the approval. I have Venezuelan & Canadian citizenships, but I'm now interested in the Green Card because I'm running a business in US.

So, do you think that I can just apply for the... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 11, 2022

More information is needed. Was your mom a U.S. citizen before you married your wife?

In general, if you married your wife, then an F2b visa petition by a lawful permanent resident for their child is effectively terminated at the moment that the child's gets married.

I...
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1 Answer | Asked in Immigration Law for Illinois on
Q: · Is it legal for me to work with a B1/B2 visa?

· Is it legal for me to work with a B1/B2 visa?

· I hold a Jordanian passport with B1/B2 visa; am I eligible to file Adjustment of Status?

· If yes, how much will it cost me to craft and structure the file for the legal status change formalities from B1/B2 visa... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 10, 2022

In general, no. You can only temporarily solicit orders for a foreign company at trade shows, among other actions that do not result in remuneration in the U.S. for work done after entry.

I strongly recommend an appointment with a competent and experienced immigration attorney before there...
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1 Answer | Asked in Immigration Law for Colorado on
Q: My mom got naturalized before my 18th but I was overseas ?

My mom got naturalized before my 18th but I was overseas ?

Kevin L Dixler
Kevin L Dixler
answered on Nov 6, 2022

If she naturalized after your birth, then you must be lawfully admitted as a lawful permanent resident before your eighteenth birthday to derive citizenship through her. Normally, citizenship is derived at birth, but there is an exception for lawful permanent resident children admitted into the... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I filed an I130 for parents who live in a foreign country, I have siblings who are minors. Can they immigrate together?

I'm a US citizen, and I filed the form I130 to bring my parents, my issue is that I have younger siblings (10 years old) and I don't know if she can immigrate with them at the same time as she can't stay by herself, I do have other siblings younger than 21 but they are in college... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 24, 2022

The minor children, your siblings, must be petitioned individually, as fourth preference beneficiaries. The children are not derivative. The children may be petitioned by their parents in the second preference category. However, that can take quite a while.

This can distract your parents...
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2 Answers | Asked in Immigration Law for Texas on
Q: Can I participate in fitness challenges requiring an entrance fee and offering up to 20% of the fee as a prize on H1B?

I wonder if it will be counted as earned income and whether it will violate my visa status.

You pay to start the challenge, let's say complete 20,000 in 3 days. The total prize is the entrance money split among those who actually completed it. I am talking about apps like... View More

Kevin L Dixler
Kevin L Dixler
answered on Dec 28, 2023

More information is needed. Who is providing the fitness challenge? Your employer?

If not, then the question is whether you are automatically being compensated, how, and by whom? Are you simply taking a risk, much like the lottery? Tourists are allowed to gamble at a casino. How is this...
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3 Answers | Asked in Immigration Law for Georgia on
Q: Wife pregnant. What visa should my mother in law apply for to enter United states?

Wife, Nigerian conditional permanent resident. Applied to remove conditions. 3 year extension letter provided by uscis.

Kevin L Dixler
Kevin L Dixler
answered on Nov 25, 2023

I agree, but it would be best for your wife to seek naturalization if the processing time to obtain conditional residence has succeeded more than three years since she became conditional resident status.

I strongly recommend an appointment with a company and experienced immigration attorney...
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3 Answers | Asked in Immigration Law on
Q: How can I find out if I've been cleared from any pass to be able to get my green card or cross
Kevin L Dixler
Kevin L Dixler
answered on Nov 24, 2023

More information is needed. Show the documentation from the incident, or discuss the situation, to/with an attorney at a paid Zoom Meeting with a competent immigration and visa attorney if you are sincerely interested in visiting or immigrating to the U.S.

It is unclear whether you may need...
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3 Answers | Asked in Immigration Law on
Q: My US citizen husband file form I130 for me as his wife however, we didn’t include our 1yo son to the form I130

because we thought that there’s no need for that as he will fall under derivatives but unfortunately, upon our researching since my husband is a US citizen he should file form I130 separately for me and our son however, my case already reached NVC and i was already Documentarily qualified. We... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 24, 2023

More information is needed. It is unclear whether your son qualifies as a derivative citizen. Likely, action should have been taken sooner.

I strongly recommend an appointment or zoom meeting with a competent and experience attorney, so that you can discuss this matter and how your family...
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2 Answers | Asked in Immigration Law for Michigan on
Q: I-751 interview scheduled shortly after surprise home visit. Should we be concerned?

The immigration officials discovered we had been living apart for a few months, I had been supporting my wife %100 financially, no children, no joint bank accounts. She left w/o discussing it with me just after she got a job. We hadn’t yet taken any steps to attempt a reconciliation. Should we... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 10, 2023

If USCIS FDNS visited and you now have an interview, you ought to hire an experienced immigration attorney.

Everything that you say may be held against you. It’s unclear what was said at the visit. Perhaps, you both need separate attorneys.

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