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Questions Answered by Kyndra L Mulder
1 Answer | Asked in Criminal Law and Immigration Law for Florida on
Q: what are my chances of getting my citizenship if I am going to court for a aggravated assault and offered PTI in Florida

I am recently going to court for an aggravated assault with a deadly weapon in St Petersburg Florida. I was offered PTI program I have court on the 15th of this month to decide whether or not the court will accept my application. there's a high chance of my case being dismissed.

Kyndra L Mulder
Kyndra L Mulder answered on Mar 1, 2021

The crime is an Aggravated Felony and a Crime of Violence. This is a deportable offense.

Dismissal after completing PTI is an admission of guilt.

You are not only likely to be denied Naturalization you may be placed in removal proceedings.

I suggest you or your attorney...
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2 Answers | Asked in Immigration Law for New York on
Q: Can a US permanent resident obtain a O-1 non-immigrant visa?

I'm French citizen living in the US as a permanent resident. I would like to avoid becoming a long-term resident as I don't intend to stay in the US forever. Is it possbile to obtain a O-1 non-immigrant visa instead?

Kyndra L Mulder
Kyndra L Mulder answered on Feb 15, 2021

You may abandon your status by filing form I-407. When you are no longer an LPR you may apply for a non immigrant visa. You are not entitled to a non immigrant visa as long as you have LPR status.

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1 Answer | Asked in Immigration Law for Arizona on
Q: Can I apply for adjustment of status or green card ?

I was arrested crossing the border they found me inadmissible

Under section 212 they took my visa and gave 10 days to return and bring proof that I was living in my home country, I did return after

10 days and got back my visa can I still adjust status ?

Kyndra L Mulder
Kyndra L Mulder answered on Feb 12, 2021

More information is needed to answer this question. Consult with an experienced immigration attorney or have someone do so on your behalf.

1 Answer | Asked in Immigration Law for California on
Q: Recent situation in Myanmar Military Coup, what could I do if I arrested? I am the US green card holder.

During COVID-19, I can’t go back to US.

Kyndra L Mulder
Kyndra L Mulder answered on Feb 10, 2021

Arrested for what? Contact the United States Consulate nearest you or leave the country.

1 Answer | Asked in Immigration Law for Florida on
Q: what happens if an immigrant child runs away

would it affect the childs immigration process?

Kyndra L Mulder
Kyndra L Mulder answered on Feb 9, 2021

In general a child is not held accountable for any inadmissibility or deportable offenses. Running away is neither. For more specific information more facts are required.

5 Answers | Asked in Immigration Law for Florida on
Q: When can I file the petition for the K1 visa?

I met my girlfriend now fiance back in august 2019, when can I petition for the K1 visa? We have already met twice.

Kyndra L Mulder
Kyndra L Mulder answered on Jan 28, 2021

If you meet all other requirements you may file at any time. The US consulates have resumed interviews and the process may be done electronically.

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1 Answer | Asked in Immigration Law for Connecticut on
Q: Can I apply for Naturalization with a first DUI offense I got in CT 2 years ago.

Legal question. I got my first dui November 2019 in CT-no accident involved. My criminal lawyer said that they will seal the case and wont show up in my record. Because of covid they kept suspending my case until now and the court hasn’t have happened yet. In August 20’ I made 5 years in US... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jan 27, 2021

You will not be granted naturalization with a pending DUI.

even though the case may be sealed and not on your record you must answer yes to the question whether you have ever been arrested and convicted. you must furnish a complete certified c opy of the record to the USCIS.

There...
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2 Answers | Asked in Immigration Law on
Q: can we get married in Turkey? Or do we have to travel to Abu Dhabi (UAE)?

I am an American citizen. I am working remotely but my residence (my taxes) still in California. I have been traveling overseas for 5 months.

My fiance is a resident in UAE ( Abu Dhabi).

She is a Syrian citizen but she is resident in UAE along with her family.

My fiance and... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jan 26, 2021

The USA will accept a marriage license from anywhere in the world. Yes. you can marry in Turkey and file the petition in another country.

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2 Answers | Asked in Immigration Law for Arizona on
Q: When the i130 asks for beneficiaries photocopy passport photo is it a normal photo or the whole passport photo page?
Kyndra L Mulder
Kyndra L Mulder answered on Jan 24, 2021

There is a request for passport size photos and a request for a copy of the passport id page. Read the insructions carefully. If in doubt provide both.

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1 Answer | Asked in Immigration Law on
Q: Can any documents be used in lieu of a birth certificate during the immigrant visa process?

I'm a US citizen who will be sponsoring my foreign wife soon. I understand after the petition has been approved and the application moves to the second stage at the National Visa Center, my wife will be required to submit her birth certificate along with other civil documents. We're... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jan 24, 2021

USCIS.gov, you will find a list of secondary documents that are acceptable when a BC is NOT AVAILABLE.

4 Answers | Asked in Immigration Law for Florida on
Q: I am a US citizen..My mother have Tourist visa, she is 86 and recently my father died,she is leaving in Ecuador ,

I am planning to get her here to live with me..Can I ask the immigration officer for adjust of status at the port of entrance ? O need to start the petition while she is over there? ..She is alone in Ecuador...my brother and sister can’t take care of her but I am

Kyndra L Mulder
Kyndra L Mulder answered on Jan 19, 2021

There is no adjustment of status at the border. You will need to sponsor her by filing the proper forms with supporting documents. If she is seeking an immigrant visa she will need to go through consulate processing. If she is in the USA she may adjust through the USCIS.

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1 Answer | Asked in Immigration Law for New York on
Q: Can I travel with my Travel Document in these specific countries GREECE, SWEDEN, SPAIN, NORWAY, CANCUN?

I won my politic asylum case, while I'm waiting for my green card I just got my travel document, if someone can give me a concrete answer please let me know

Kyndra L Mulder
Kyndra L Mulder answered on Jan 13, 2021

It is up to those countries whether they will admit you. Have you checked their visa requirements?

1 Answer | Asked in Immigration Law for California on
Q: USCIS I-751 - pending security checks for months? What could be taking so long? Is it common right now because of covid?

I applied to remove the conditions of my temporary green card early December 2018. (K1 visa in 2016 followed by AOS, both very fast)

On February 20, 2020, it stated my fingerprints were taken (they were taken in April 2019) and a Request for Evidence was sent to us. We replied and it stated... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jan 13, 2021

First:Processing was much faster in 2018.

Second: Depending on the documents requested in the RFE you file may not be considered to have begun processing until the service received the documents requested.

Third: When the case is outside theprocessing time due to background check...
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2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Q: If I received a citation to appear in court, is this considered an arrest when I asked " If I've been arrested"?

I received a citation to appear in court by a police officer for a misdemeanor petit thief. I went to court (never to jail) and then the charges were eventually dropped. Now I am going for my interview for my USA Citizenship. When they ask me "if I have been arrested"; can I still say... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jan 13, 2021

If you were detained by a law enforcement officer and not free to leave without consequences you were under arrest.

Also, if the case was dropped because you attended any class paid a fine paid court costs.....you are considered guilty for immigration purposes. That being said you may be...
Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: My green card (through Asylum) shows residence since Feb 14, 2017. Can I apply for US citizenship after 4 years?

Does one year waiting as an asylee count towards US citizenship?

Kyndra L Mulder
Kyndra L Mulder answered on Jan 11, 2021

LPR status is retroactive one year from the date it is granted. You are eligible to file for Naturalization on Nov 14 2021provided you meet all other requirements.

3 Answers | Asked in Immigration Law for North Carolina on
Q: can i apply for us citizenship with my expired passport
Kyndra L Mulder
Kyndra L Mulder answered on Jan 9, 2021

Yes. Your passport can be expired but your green card must be current.

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4 Answers | Asked in Immigration Law for California on
Q: My mom was naturalized when I was 16. I'm now 18. Can I derive my citizenship from her using the N-600 form?

My sister, who was 18 at the time my mom was being naturalized, got her citizenship through my mom. I wasn't able to because I couldn't get in touch with my separated dad as I was a minor and needed permission from both parents. Now that I'm 18 (I'm a permanent resident), do I... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jan 7, 2021

Yes. You are a United States citizen. Apply for your certificate by filing the N-600.

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3 Answers | Asked in Immigration Law for New York on
Q: What are my options?

I am Canadian citizen residing in NYS on a H-4 visa. I recently found out that I was aging out of my visa, as I am turning 21 years old this month. Is there a way for me to remain in the United States? I have looked into switching my H-4 visa to a F-1 visa. I have also looked into getting an... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jan 4, 2021

As you have stated; you have a number of options. Which option is the best option is largely up to you and your circumstances. Any of the options are time sensitive. I suggest you consult with an experienced immigration attorney to discuss the options.

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2 Answers | Asked in Immigration Law on
Q: My son was born overseas from an american father 13 years ago who is now incarcerated. How can I obtain his citizenship?

My son's birth certificate includes his US citizen father's name. He was born in wedlock, currently divorced. We would like to know how to get my son's US citizenship as his father is currently incarcerated in Waco, TX. Thank you.

Kyndra L Mulder
Kyndra L Mulder answered on Jan 3, 2021

Based on the information you have provided your son may already be a USC. More information is needed. I suggest you contact an experienced immigration attorney.

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1 Answer | Asked in Immigration Law and Securities Law on
Q: Does insider trading conviction prevents from getting US visa, or from entering if a visa was given prior to conviction?

Max penalty the country of origin for it is 2 years but expected penalty is few months or community service. convicted person is 3rd party to the company (not an insider, not directly connected with an insider). Is it possible to get a waiver? convicted person also has a Masters degree from top 5... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Dec 31, 2020

You should have an experienced immigration attorney review the record. If this is an Aggravated Felony you may be exclded and no waiver may be available at least for some years. If this is a CIMT you may be eligible to file a waiver. If you are aligible for a waiver you will need to meet the... Read more »

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