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Questions Answered by Kyndra Mulder
1 Answer | Asked in Immigration Law for Georgia on
Q: Immigration

I filed an i130 for my husband who has DACA and is currently in the US and has been since he was 5. He applied for DACA as soon as he turned 18. Our i130 was approved and we submitted our visa application but we have ran into the issue of how to fill out the i864 (affidavit of support) because I am... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 22, 2020

You are the primary sponsor and your husband a household member.

You are also going to need a provisional waiver if your husband entered the USA without inspection.

2 Answers | Asked in Immigration Law for Florida on
Q: Can nonimmigrant (student visa) change their name after getting marriage to Us citizen ( but before apply green card

No

Kyndra Mulder
Kyndra Mulder answered on Sep 21, 2020

Yes. You can use your married name and your marriage license to change your name on your civil documents. Most people complete the petition and application to adjust staus using their married name and then use their green card or EAD to obtain a SSN and DL in the married name. You then change your... Read more »

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1 Answer | Asked in Criminal Law and Immigration Law for Michigan on
Q: Biometrics Appointment

When you go for your biometrics for a permanent resident card renewal do they ask if you have ever been convicted of a felony or misdemeanor or do you fill out a form that asks if you have been convicted of one of those offenses?

Or is the biometrics appointment just for fingerprints, photo... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 21, 2020

No. However the information is likely to show up on the background check.

2 Answers | Asked in Immigration Law for Michigan on
Q: I had my green card before I married my citizen wife. Our marriage was a traditional marriage,

But we never made a marriage certificate until last year plus We have 2 children. So can I file my citizenship application based on marriage? Thanks.

Kyndra Mulder
Kyndra Mulder answered on Sep 21, 2020

No. You qualify for NATZ after you have received your LPR status through your current marriage. You must wait the 5 years.

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2 Answers | Asked in Immigration Law for Minnesota on
Q: How do I help my usa born cousin enter usa with just birth certificate and hospital records.

My course was born in CA but she was taken to Mexico at a very young age and her name was changed in mexico all her records and school records are in a different name but she has her us social security and birth certificate but she has not reentered the county because she is scared they won't... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 20, 2020

She needs to get a US Passport.

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1 Answer | Asked in Immigration Law for Texas on
Q: Can we move to USA in October/2021 with no in and outs in 12 month period?

We -as a family of four- received our greencards last year. When we entered to USA in October/2019, entry-port policeman told us to move to USA within 12 months.

We can't move right now due to pandemic but We will come in USA in October/2020 for just 14 days. Then we will exit USA.... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

I suggest you obtain re entry permits. USCIS.gov/I-131. Read the instructions carefully and also read your responsibilities for maintaing your LPR status at USCIS.gov.

1 Answer | Asked in Immigration Law for New York on
Q: Hello! in what form and where should I send a statement about a witness who is ready to testify in court.

Deportation case (immigration case)

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

Prior to the individual hearing you or your attorney is required to file a pre hearing statement where in you list your witnesses.

2 Answers | Asked in Immigration Law for Idaho on
Q: I didnt file tax return. I didnt make enough. I am trying to help my husband... will he not be able to get his green

I have everything for affidavit... just tax return I don't have. He is finishing school this year... I don't want him angry

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

You will need to provide an affidavit stating under penalty of perjury that you did not file a return because you did not have the income necessary to require you file. If you were employed you will need to provide any w-2's 1099's.... to indicate the amount that you made.

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1 Answer | Asked in Immigration Law for Texas on
Q: What does it mean by “ USCIS has accepted your application, petition, or request, and it is under review” after an RFE?

I filed an I-130 for my husband on March 26, 2020. They later sent an RFE and I sent the paperwork 3 weeks ago now it says the above. My case is at the Nebraska Center.

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

It means exactly what it says. Your additional documents have been received and our file in beig processed.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My daca renewal is delayed... what can I do?

I filed for my DACA renewal in May 2020, a little bit more than 150 days before my current EAD expires. My EAD expires in October 2020. I have only received notice of action I-797C, and not form I-797 that would say I was approved. Is there an automatic extension given to Daca recipients due to the... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

If your new card does not arrive in time call the 1 800 number and make an info pass appointment at your local USCIS. You may be eligible to receive a stamp in your passport indicating an extension.

1 Answer | Asked in Immigration Law and Tax Law for South Carolina on
Q: What recourse do I have if my employer tries to force me to participate in the President's Fed tax deferment program ?

I prefer to continue paying my fed income tax as usual but I've heard that I may not be given a choice, that my employer may just stop paying our fed taxes without the employees request or consent.

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

This is a question for a tax attorney.

1 Answer | Asked in Immigration Law for Washington on
Q: Sponsor my minor son (canadian), I am us, citizen. What is the process

My son from my first wife is living with his mom in Canada, he is 10 years old . I want to sponsor him so he can get his GC and US Citizenship. His mom is ok to sponsor him so he has documented. My Son is Canadian and I am the US and Canadain Citizen.

Would he get any advantage to get... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 17, 2020

The following requirements must be met for your son to become an automatic USC through you.

A. General Requirements: Genetic, Legitimated, or Adopted Child Automatically Acquiring Citizenship after Birth [1]

A child born outside of the United States automatically becomes a U.S....
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Permanent resident status

Hi..I am a u.s citizen and my wife is a greencard holder and I am currently outside the u.s and my stay was protracted (more than 5 years) due to me being alongside my mother who was ill and my wife was forced to stay with me this period as she obviously couldn't leave me and travel back to... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 13, 2020

If your wife took no action to preserve her status and she has no visa she may not be admitted at the border.

1 Answer | Asked in Immigration Law for Florida on
Q: I filed to be a financial sponsor for an international student to get his F-1 visa. How can I rescind this?

Our relationship has changed, and I no longer feel comfortable vouching for his financial viability. I know if he drops out of school or something else, they can come to me for the remainder of the tuition and fees payment due. Is there anything I can do to prevent this from happening? Is there... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 13, 2020

You can not. You enetered into contract with the US Government wherein you agree to assume financial responsibility unless or until a few conditions occur that terminate your responsibility. You can read upiur responsibilities on the form you signed before the signature.

2 Answers | Asked in Immigration Law for Michigan on
Q: Permanent resident card renewal

A friend of mine has been living in the US since June 2009. He became a permanent resident in July 2011. His permanent resident card needs to be renewed before July 2021 (he has been here a little over 11 years now).

He was just recently given a citation. It says he was in violation of... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 13, 2020

More detail;s are needed to know for sure whether this will effect his status. If the sitation is for petty theft this is a crime involving moral turpitude and it can. However he may also be eligible for the petty theft exceptation.

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2 Answers | Asked in Immigration Law and Tax Law for New York on
Q: Am I eligible for fee waiver on N400 Naturalization Applicaiton?

My AGI on my tax return is $31,258 on my 2019 tax return for a family of 4. I believe this falls under the $39,300 poverty guideline for my family size.

I work for a church and receive a housing allowance of the same amount which is not taxable and therefore not included in my AGI.... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 11, 2020

Probably not. You need to disclose the housing allowance on the application for a waiver.

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2 Answers | Asked in Immigration Law for California on
Q: Can I work for a US company solely from (remotely) from home as a Consultant/ Independent contractor without a Visa?

I am a Registered Nurse working in the US for over 30 years and recently my job placed me on "Temporary Leave" due to Covid 19 until we can resume full time indoor opening. My TN Visa status then was revoked completely by US Border Control when applying for a New TN Visa for a secondary... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 11, 2020

NO. Working without authorization will jeapordize your ability to receive any further immigration benefit seek. Secondly, remaining in the USA without a visa may also jeapordize any further immigration benefit you seek.

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1 Answer | Asked in Immigration Law for Michigan on
Q: Filing for adjustment of status concurrently with i-130 if spouse is a Permanent Resident

I am on OPT STEM EXTENSION. My wife is a PERMANENT RESIDENT. Can we file i-130 and i-485 concurrently? If yes, how long would it take to get my work authorization?

Kyndra Mulder
Kyndra Mulder answered on Sep 11, 2020

You may adjust status in the USA through your LPR spouse IF you have NEVER been out-of-status or overstayed a visa. Processing times have been unpredictable lately due to covid. You may receive your EAD anywhere from 12 weeks to 4 months provided all required documents and supporting information is... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: I voted on Greet Card Mistakenly

back in 2014 I took My Green card and was in MVA to apply for my Drivers Licence ,

the Lady there register me for voting and explain to me that this is my right and responsibility now, I insisted that I'm not Citizen , but she assure me that this is OK as longer I dong Vote for... Read more »

Kyndra Mulder
Kyndra Mulder answered on Aug 27, 2020

I have had cases where clients were registered to vote by the DMV and were forgiven. However, I have never had a client that actually voted who was forgiven. When you receive an immigration status the government expects you to educate youself on the terms of your status and what violates that... Read more »

1 Answer | Asked in Immigration Law for Oregon on
Q: I came over illegally in America and was recently married to American woman who passed away n immigration has found out

I came over illegally in America and was recently married to American woman who passed away n immigration has found out that that I’m still illegal does the binding contract of marriage license go Void because they were and are still illegal?

Kyndra Mulder
Kyndra Mulder answered on Aug 27, 2020

When a spouse dies the marriage is considered terminated by death. The illegal spouse is still illegal.

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