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Questions Answered by Kyndra Mulder
1 Answer | Asked in Immigration Law and Traffic Tickets for Illinois on
Q: Under what classification is a violation of the aggravated speed attributed to the Department of Immigration,

Will the new or proposed asylum law endorse the new cases, or all pending cases, even old ones?

Kyndra Mulder
Kyndra Mulder answered on Jul 9, 2020

Aggravated speed is more than a taffic citation. It can be considered a serious misdemeanor and a CIMT. Specially if the person charged did not have insurance it is considered a lack of concern and cae for other drivers. This can be given weight in considering whether a person meets the good moal... Read more »

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 »

Kyndra Mulder
Kyndra Mulder answered on Jul 9, 2020

You are fogiven fo any overstay if adjusting though your USC spouse. So, NO, there is no deadline. That being said; it is best to remain in status if possible. I have many clients that marry at the courthouse in a civll ceremony so the adjustment may be applied for and have a religous or other... Read more »

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1 Answer | Asked in Immigration Law for Ohio on
Q: How to adjust given name and last name on my first green card ?

I’m immigrant and on my native passport by mistake first name box was left blank and my whole name ( two parts ) was written in last name box . I got visa n moved in US . On visa embassy wrote FNU in given name to fill the place, and my whole name in last name box.

Is there any way so... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 8, 2020

You can request the name be corrected by filing an application to renew/replace your card. If the error was your mistake you will need to pay the filing fee. if it was the mistake of the service you will not need to pay. Include a cover letter explaining and supporting documents to indicate what... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Will proclamation that was extended to December 2020 effect my husbands case?

Hello,

My husband had his pardon approved last year and recently we turned in all forms necessary to NVC to get an interview on 4/30/20. On 05/22/2020 we received a letter stating they received requested documents and now he is in the que for a interview appointment. My question is, will... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 8, 2020

No the proclamation does not effect your husband. He is the immediate relative of a USC. What does effect him is that many consulates are not currently holding interviews due to covid and the process is therefore slow recently.

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.

Kyndra Mulder
Kyndra Mulder answered on Jul 8, 2020

If she qualifies and wants to become a USC she should apply. You have not stated any reason why she should not apply.

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2 Answers | Asked in Immigration Law for Florida on
Q: Applying for green card

I have filed i130 in USCIS site as a beneficiary of a green card holder. In my account it shows that: "Your benefit request has been accepted and is under review." I am wondering whether I am able to file I485 now? If not, when can I do that? How can I be informed about approval of my... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

Currently an immigrant visa is immediately available to the spouse of an LPR so yes you can file the I-485 and request it be jointed to the I-130. Your I-130 is not approved it is only accepted for consideration.

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1 Answer | Asked in Immigration Law for California on
Q: We submitted my husbands paper work after pardon being approved to NVC on 4/20/20. Will be be affected by proclamation?

My husband had his pardon approved last year. We submitted all documents required from NVC on 4/30/20 we received a letter on 5/22/20 with case number and the letter stated that my husbands application was now in que awaiting for immigration appointment the preference category for visa is IR1 (... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

No your husband as an immediate relative of a USC is not effected by the proclamation.

1 Answer | Asked in Immigration Law for Tennessee on
Q: us citizen applying for my husbands geencard and i have been receiving foodstamps not him. will this affect his chance?

I receive them he is only listed for his income since we are married. with the new public charge law will this affect his chance of getting a green card because I receive food stamps?

Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

The question is asked whether any immediate family member has or is receiving a benefit.

1 Answer | Asked in Immigration Law for Ohio on
Q: How to correct first name ( FNU) on first permanent residant card as my passport has all my name in last name box only?

I have IR1 visa and now waiting for my permanent resident card . My passport has my name only is last name n given name is empty.

On my visa sticker i have last name as its on my pasport but in given name its written FNU,

Is there some thing i can do to get red of FNU n half of my... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

You can request a replacement card. if the error in your name was your fault you will need to pay the fee. If it was an error of the USCIS you will not need to pay the fee.

2 Answers | Asked in Immigration Law for Wisconsin on
Q: I am an F-1 overstay. Married to USC. I-130 approved. I-485 is pending. ICE came searching for me and I got NTA.

My Master hearing was canceled due to COVID. What are my chances of receiving benefits such as EAD? I have been married for 4 yrs with an infant. Lived in the USA since 2008.

Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

Whether you are entitled to an EAD depends on why you are in removal proceedings and whether you still have an I-485 pending. You should consult with an experienced immigration attorney.

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3 Answers | Asked in Immigration Law for California on
Q: Does my fiancée need to move in with me when we get married to start her U.S. citizenship process?

My fiancée is here through DACA and we plan to get married in a month or two. I am a U.S. citizen. She stays with her parents and is needed around the house to help with her siblings while her parents work. I cannot leave my family’s home as I take care of most of the bills and everything’s in... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

You must be iiving in a marital union.

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3 Answers | Asked in Immigration Law on
Q: International students now can be deported if school goes only online, is this still if married to an American?

Due to new regulation, international students would have to leave the country if colleges transfer to online only. I currently have a F1 visa and was wondering: would you need to leave the country as well if you're married to a US citizen?

Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

You would not need to leave the country if your spouse files the I-130 for you and you file to adjust through your spouse.

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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!

Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

Were you booked? If you were the answer is YES. You can explain and your records will show that it was for a few hours.

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3 Answers | Asked in Immigration Law for Michigan on
Q: Hi,Is it compulsory to submit I-944 with I-485.
Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

Not everyone is required to submit the form. Read the instructions to see whether you need to file the form.

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3 Answers | Asked in Immigration Law for Connecticut on
Q: N-400.

Hello there,

My mother just went to her second naturalization interview because she failed the civic portion the first time.

The officer told me she passed the civic but still had to deny her because she doesn't speak English? I'm so lost and confused and don't know... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

Your question is sensitive to your mother's personal situation. it is necessary to review the file and to speak with your mother. Consult with an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: I am married to USC. ICE issued NTA after the fact of my I-485 submission. Is getting EAD a possibility? I-130 approved.
Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

Is the I-485 still pending or was it denied? You are only allowed an EAD if you have a pending I-485.

Also depends on why you were issued an NTA.

An NTA means you are inline to be considered for removal from the USA. It is suggested you at least consult with if not retain an...
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2 Answers | Asked in Immigration Law for New York on
Q: Hello I am an America citizen and my girlfriend is a Canadian citizen. We’re looking into the k1visa application

I have read online that we would have up to 90 days to get married upon her entry into the US. However, I have read mixed answers stating that the amount of time she would have to enter the country once the k1 visa is approved. Does she have 6 months total to enter the country and get married or... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 6, 2020

The visa is good for 6 months. Once your fiance enters the USA you have 90 days to marry before her status expires.

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2 Answers | Asked in Tax Law and Immigration Law on
Q: I-864 taxes problem

My husband and I are about to start the NVC step of but he didn't file taxes for the past 3 years. He filed for 2019 but the 2 priors he didnt even though he was supposed to.

The problem is that now IRS is not mailing the wages transcripts we would need to back file those years and he... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 2, 2020

IRS transcripts can be obtained online and there is no fee. I am not aware that online service is not possible at this time. If online service is unavailable at this time you will need to obtain the transcripts by mail. A check can be mailed to pay in advance, a pre paid card can be obtained... Read more »

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1 Answer | Asked in Immigration Law for Tennessee on
Q: If I am in the US under an L visa, will I be able to reenter the US from a trip to Mexico under current COVID guideline
Kyndra Mulder
Kyndra Mulder answered on Jul 2, 2020

You do take a risk of higher scrutiny by leaving the country.

A current valid visa - provided you are in compliance with the terms of your visa - should be honored.

2 Answers | Asked in Immigration Law for Florida on
Q: Hello. I am an American citizen and would like to marry my girlfriend who is a foreigner.

She’s here on a tourist visa which expires next August. would it be too risky to get married and apply for the adjustment of status right away within this short time? I have to mention as well that I was previously married and filed for adjustment of status for my ex wife (which went on... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jun 2, 2020

Sounds like you should consult with an experiemnced immigration attorney before you proceed.

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