Questions Answered by Kyndra Mulder

Q: As a legal resident for 20 years, can I visit my home country for 2 weeks and be deported when I come back?

3 Answers | Asked in Immigration Law for New York on
Answered on Feb 21, 2019
Kyndra Mulder's answer
You have stated no basis for your removal. Perhaps there are facts you have not shared.

Q: I had American residency and applied for green card, it was approved . While I was waiting to get my green card in mail

1 Answer | Asked in Immigration Law on
Answered on Feb 19, 2019
Kyndra Mulder's answer
Residency means just that. You abandoned your residency by remaining outside the Usa for more than a year. You can not get it back but will need to re apply.

Q: I130 petitioner lose her green card

1 Answer | Asked in Immigration Law for California on
Answered on Feb 19, 2019
Kyndra Mulder's answer
First, Your mother surrendered her status almost two years ago.

Second, The petition follows your mother's LPR status - abandoned.

Your father will have to file a new I-130

Q: My husband is in bastrop county jail and has an ice hold I need help to get him out

2 Answers | Asked in Immigration Law for Texas on
Answered on Feb 18, 2019
Kyndra Mulder's answer
You need to call an attorney experienced in immigration and specifically in removal proceedings.

Q: I am US asylee , have approved travel documents, do I still need to apply visa to go Canada ?

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 18, 2019
Kyndra Mulder's answer
Unless your country of origin for which you remain a citizen and have a passport has privileges to enter Canada without a visa then yes you need a visa to enter Canada.

Q: If I applied for asylum in the USA, and the application is denied, can I still hold my tourist visa.?

2 Answers | Asked in Immigration Law for Florida on
Answered on Feb 18, 2019
Kyndra Mulder's answer
You can have a valid visa and Asylum pending at the same time.

Q: I would like to get my children us citizenship so what can be procedure?

2 Answers | Asked in Immigration Law for New Jersey on
Answered on Feb 18, 2019
Kyndra Mulder's answer
In the event the your children are not USC's through you and are not registered as birth abroad children of a USC you will need to obtain immigrant visas for them. You do this through the US consulate. You will need to provide sufficient documentation that the mother of the children has granted you permission to bring the children to the USA.

Q: Do I need to submit a copy of approval notice of I-130 to USCIS?

2 Answers | Asked in Immigration Law for New York on
Answered on Feb 18, 2019
Kyndra Mulder's answer
If the USCIS was notified when the I-485 was filed that it should be joined to the I-130 you do not need to notify them.

Q: Is there any way for an undocumented immigrant ( 18 years old ) can immigrate to another country and be legal ?

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 15, 2019
Kyndra Mulder's answer
You will need to research the requirements for the other country.

Q: I am on F1 visa.My parents are residents here and they have filed I-30 for me. Embassy or USCIS office for interview?

1 Answer | Asked in Immigration Law for Idaho on
Answered on Feb 15, 2019
Kyndra Mulder's answer
First: It depends on your age.

Second: Because your parents are LPR's and not naturalized (assuming you are a son and not a child) you will need to adjust from outside the country.

Third: Your adjustment will be faster if your parent's are USC's, Nevertheless you may have years to wait.

I suggest consulting with an experienced immigration attorney.

Q: Look below for entire question.

1 Answer | Asked in Immigration Law for Wyoming on
Answered on Feb 15, 2019
Kyndra Mulder's answer
In general, A person will be admitted into the USA if they have a valid visa and go through inspection. Admission may be denied if the visa is expired or the person has overstayed their visa. Also, BP had discretion to cancel a visa if they suspect immigration intent.

Just being married to a USC is not sufficient. The proper petition and application must be filed with the USCIS in order for a spouse to adjust,

Q: My military husband will be deployed soon and wants to file I 130 for my teen daughter before he leaves

2 Answers | Asked in Immigration Law for Washington on
Answered on Feb 13, 2019
Kyndra Mulder's answer
Yes. He can file the I-130 even though he is not in the USA. His deployment is temporary. As long as he has a permanent residence in the Usa he can use that address on the petition. He should include on the final page a note that he is on active duty and temporarily deployed outside the USA.

Q: My MIL has a tourist visa, her son my husband is now a US citizen can she stay here in USA while he petitions for her?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Feb 13, 2019
Kyndra Mulder's answer
In general the mother of a USC is an immediate relative and a visa is immediately available to her. She can adjust inside the USA. One word of caution is that she will need to be prepared to demon state that she entered the USA with a non immigrant visa and did not intend to immigrate. If she had immigration intentions when she entered the USA on a non immigrant visa she can be charges with misrepresentation or visa fraud.

Q: Hi! My employer want to sponsor me

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 13, 2019
Kyndra Mulder's answer
Pending asylum is not a legal status from which you may adjust inside the USA unless it is through an immediate relative who is a USC.

Q: Can an illegal immigrant fly within the US with only their Mexican passport.

1 Answer | Asked in Immigration Law for Colorado on
Answered on Feb 13, 2019
Kyndra Mulder's answer
You can board the plane. However, ion you have no legal status in the USA you risk being asked by a BP officer for further documentation. Travel is always a risk.

Q: Whats my status when I have applied for my I485 and am waiting for my green card.

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 13, 2019
Kyndra Mulder's answer
I don't know your current status. Do you have a valid visa, an expired visa.... Most likely your status is EXPIRED and/or PENDING. If you have ever used medicaid your adjustment may be denied until you pay the medical bills. You are not entitled to food stamps. This is why, when applying to adjust status you must have a financial sponsor.

Q: My B2 visa was cancelled at the Port of entry at JFK New York

2 Answers | Asked in Immigration Law on
Answered on Feb 13, 2019
Kyndra Mulder's answer
Based on the facts you have presented you do not need a waiver. If you are applying again for a non immigrant visa you will need to provide sufficient evidence of your intent to return to your home country. There is a strong chance this will be denied if there is evidence of previous misrepresentation.

If you are applying for an immigrant visa you only need a waiver if there is a charge of prior misrepresentation.

To know exactly what needs to be done in your situation requires...

Q: My husband has a immagration hold and is married to a American citizen how do i get the immagration hold lifted

3 Answers | Asked in Immigration Law for Florida on
Answered on Feb 11, 2019
Kyndra Mulder's answer
Whether your husband is eligible to get the hold lifted or for bond depends on facts that you have not offered. The hold means that he will be deported without the right to see a judge first or he does have a right to see a judge to defend against removal. What needs to be done or can be done depends on the situation. I suggest you contact an experienced immigration attorney.

Q: Immigration question. Green card.

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 8, 2019
Kyndra Mulder's answer
Yes. Permanent resident means just that. Spending a few weeks in the USA and living in Switzerland does not make you an LPR of the USA. Your status may be revoked. There is a commuter status available if you qualify.

Q: Does spouse has to be a citizen for last 3 years for me to apply citizenship

3 Answers | Asked in Immigration Law for North Carolina on
Answered on Feb 8, 2019
Kyndra Mulder's answer
The immigration status of your spouse has nothing to do with your ability to file for NATZ.

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