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Questions Answered by Kyndra Mulder
3 Answers | Asked in Immigration Law and Tax Law on
Q: What's the best way to file for tax return to get the best outcome for petitioning permanent residence for my husband?

Hi, I'm a US citizen with foreign husband and dependents in abroad. We're planning to petition for my husband's green card after the public charge policy overturns next year, and combining our current income, we'd just meet the financial requirements. And we also have a joint US... Read more »

Kyndra Mulder
Kyndra Mulder answered on Nov 26, 2020

Specific details inn addressing financial responsibility should be addressed with an experienced immigration.

There is no guarentee that the public charge inadmissibilitty will be overturned and if so when.

The immigrant spouses income may nott be used as household income unless...
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2 Answers | Asked in Legal Malpractice and Immigration Law for New Jersey on
Q: I would need a letter from my attorney explaining the error they made. How can they make it legal and valid?

They are immigration attorneys and made a mistake regarding my immigration status in the US.

Should the letter be notarized, legalized, etc.? I will need to file that letter with new attorneys/immigration offices/government office, and therefore, I would like to make sure that letter will... Read more »

Kyndra Mulder
Kyndra Mulder answered on Nov 26, 2020

There is no procedure such as you suggest. There may be an appeal based on ineffective assistance of counsel. however, it is necessary to knnow the facts and review the case. Secondly, any such allegation is time sensitive.

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2 Answers | Asked in Immigration Law for Michigan on
Q: Are sponsored green card parents eligible for subsidized healthcare ?

I am 61 years old, I recently got a green card sponsored by my son who filled affidavit of support. I applied for health care in market place showing my income earned on tutoring and getting tax credits. Am I eligible for the benefits?. Should I add my Son's income also?

Kyndra Mulder
Kyndra Mulder answered on Nov 26, 2020

The I-864 affidavit of support is a contract between the financial sponsor and the government that the immigrant LPR will never be a public charge. Any program that is funded by federal tax payer dollars may have ramifications in your future attempt to naturalize.

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2 Answers | Asked in Immigration Law for Washington on
Q: I am single parent of us citizen kid of 9 yrs. I am in US on B1/B2 visa. I am looking one step adjustment for myself.
Kyndra Mulder
Kyndra Mulder answered on Nov 26, 2020

Having a child who is a United States citizenn does not qualify you to adjust status in the USA.

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1 Answer | Asked in Immigration Law, Health Care Law and Medical Malpractice for Florida on
Q: Can me and my partner as LGBT persons apply and be represented for asylum in Florida.We entered USA few days ago in NYC

My name is Veljko, I am a 44 years old and HIV positive male originally from Serbia. I have been in a domestic partnership for four years with my fiance Sasha, since we don't have an option to legalize our relationship in our home country.

Back in 2004 I was persecuted for the first... Read more »

Kyndra Mulder
Kyndra Mulder answered on Nov 24, 2020

You can apply for asylum. the question is whether you have a testiminy and documentation to demonsrate that you qualify for asylum.

Where HIV was at one time a ground of inadmissibility it is no longer. However, you may be required to show that you have insurance to cover your medical...
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3 Answers | Asked in Immigration Law for Florida on
Q: I get married to fix my immigration status but, I’m about to have a baby with my girlfriend how I could do baby sign up

I submitted all the forms for adjustment of status with my American spouse a month ago, however in a few days I’m having a baby with another woman, what are my options to sign the baby under my name as the father without complicating my Inmigracion process? I heard I have a period of time (1... Read more »

Kyndra Mulder
Kyndra Mulder answered on Nov 24, 2020

Are you asking immigration attorneys to provide you with instructions on how to commit fraud?

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1 Answer | Asked in Immigration Law for Nevada on
Q: Still waiting for I-751 schedule interview after RFE was requested

On RFE, I was not able to provide joint bank statement because it was closed for a reason that we cannot reconcile our expenses and decided to have our bank account and share expenses. lease of apartment agreement which we don’t have bec. We’re leaving in a friends house. We filed tax... Read more »

Kyndra Mulder
Kyndra Mulder answered on Oct 28, 2020

The supporting documents provided for a marriage vary by the copules circumstances. An attorney will need to sit down with you in a consultation and discuss your situation, documents yo may be able to provide, and, oral testimony.

2 Answers | Asked in Immigration Law for Georgia on
Q: Expired green card. What other form of ID can I use to get a GA drivers license?

I am a permanent resident of the US. CA accepted expired and or copy of the green card. GA does not. Aside from renewing card for $500 and waiting 6 months, is there anything else I can use to obtain a GA drivers license?

Kyndra Mulder
Kyndra Mulder answered on Oct 28, 2020

You can check with the DMV but I do not think you will receive a DL without showing that you are currently in a lawful status in the United States.

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1 Answer | Asked in Immigration Law for Florida on
Q: I am Cuban. If I exceed the time permitted on my ESTA vista can I rely upon CAA 1966 to get a green card? I'm with famil

I am a Cuban dual national born in Cuba. I want to stay with my family in the US. If I exceed the time permitted on my ESTA vista can I rely upon the CAA 1966 to be able to stay in the US? Will they ask for documents pertaining to my other nationality? Thank you for your answer in advance.

Kyndra Mulder
Kyndra Mulder answered on Oct 17, 2020

You will need to show that yu are eligible for the benefit sought. So, yes yoi will neede to provide ALL information and documentation requested.

Secondly, Now that relations have been partially restored with Cuba you may be required to show that you did not have immigration intent when you...
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3 Answers | Asked in Immigration Law on
Q: Is it worth attempting a GC renewal? GC expired in 2016 after 10 years.

Had to travel outside US for 12+ years working in UK & India with various companies. Had done 2 re-entry permits initially but finally gave up as it was expensive travelling back in US for application & biometrics, each time. Now, I am back in US on L1 with my company for 1.5 years, on work... Read more »

Kyndra Mulder
Kyndra Mulder answered on Oct 17, 2020

It sounds like you voluntarily surrenedered your status as an LPR by remaining outside the USA for such an extended period of time.

If you were an LPR you would not have been granted an L visa.

You may be able to adjust through your current position.

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2 Answers | Asked in Immigration Law for Florida on
Q: Confused about green card interview

Went to the green card interview today and presented the evidence that was on the letter. This included papers from my bank showing my husband was added (hubby is the immigrant), car insurance cards showing he was added to the car insurance, copy of taxes to show we filed jointly, proof we were on... Read more »

Kyndra Mulder
Kyndra Mulder answered on Oct 17, 2020

You were advised correctly. You must produce evidence that your marriage is a bonafide marriage. At least 5 pieces of evidence are required. The evidence you provided may be acceptable. but additional evidence is required Testimony is also taken into consideration. Regardles of what you provide the... Read more »

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1 Answer | Asked in Immigration Law for Virginia on
Q: I have approved I-140, and now filing I-485 for me and spouse. My question. Do I need to file I-864 for my spouse?

I am an employee of the petitioning company with no stake in it. I am super confused about I-864. My employer is asking me to file I-864 for my wife, but I am not fully sure. Any help/clarification would be greatly appreciated.

Kyndra Mulder
Kyndra Mulder answered on Oct 8, 2020

If doing the work yourself you need to read the instructions very carefully. Yes. An I-864 needs to be filed with each I-485.

1 Answer | Asked in Immigration Law for Maryland on
Q: i am a minor in the fostercare system and i want to know how to get my permit and passport without bein a citizen

i am undocumented

Kyndra Mulder
Kyndra Mulder answered on Oct 8, 2020

You need to speak with your social worker. The State should be helping you with this.

3 Answers | Asked in Immigration Law for New Hampshire on
Q: What does it mean "Your benefit request has been accepted and is under review." I have filed for my spouse on Sept2019
Kyndra Mulder
Kyndra Mulder answered on Oct 7, 2020

It means your file has been received and accepted and is being reviewed.

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1 Answer | Asked in Immigration Law for Kansas on
Q: Can we get married now and then apply for citizenship for him later on because it's so expensive?

My fiance is here on daca and I'm an American citizen. We would like to get married before we have our baby but didn't know if we would have to pay for his citizenship right away once we're married or if we can wait until we have the extra funds to do so.

Kyndra Mulder
Kyndra Mulder answered on Oct 7, 2020

You will need to first file an Alien Relative Petition for your husband. Once that is approved he will apply for an immigrant visa on line through the NVC and apply for an I-601A Waiver with the USCIS. Once the waiver is approved he will need to go to his home c ountry for one or two weeks to... Read more »

1 Answer | Asked in Immigration Law for Oregon on
Q: Can I still apply for US Citizenship? With a felony conviction over 20 years.

I was convicted in a Military Court (General Court Martial); of Obstruction of Justice and Conduct Unbecoming of a NCO on a charge of marijuana drug trafficking across the US/Mexico border back in July 1996 while serving in the Us Marine Corps. I served one year in a military brig. I have not... Read more »

Kyndra Mulder
Kyndra Mulder answered on Oct 2, 2020

This is an aggravated felony. You are not entitled to citizenship. I do not suggest you apply because it may trigger removal proceedings.

1 Answer | Asked in Immigration Law for Indiana on
Q: How can I get my wife's last name changed to mine on her permanent resident status and SSI card?

My wife and I were married earlier this year, but the local Justice of the Peace would not change her name to mine on our marriage certificate due to her immigration status at the time. Now, when I filed for her permanent resident status and work permit in April, I filled out the necessary USCIS... Read more »

Kyndra Mulder
Kyndra Mulder answered on Oct 2, 2020

Her married name should have been usewd when you completed the I-130 and I-485. Since you did not the simplest and least expensive route to take is to use her married name when she applies to remove the conditions. If she has her 10 year card she can use her married name when she applies for NATZ... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: How would simple assault and marijuana possession charges (NJ) affect n-400 uscis application?

I was charged with 2C:12-1A(1) ; 2C:35-10A(4) ; 2C:36-2 in December of 2016. All 3 charges were dismissed after a successful completion of a) Conditional Discharge program for the drug charges and b) Anger Management course for the simple assault. How would the charges affect my N400 application?... Read more »

Kyndra Mulder
Kyndra Mulder answered on Oct 2, 2020

Both charges are deportable offenses for immigration purposes. Not only can you be denied naturalization, y9u may also be placed in removal proceedings.

The completion of the conditional discharge program and anger management course in exchange for a dismissal is considered an admission of...
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1 Answer | Asked in Immigration Law and International Law for New Jersey on
Q: What are one’s right if denied to enter the US at an airport?

1) Can one call a lawyer?

2) What can one do to avoid a 5-year bar?

3) Is it true that one can apply for asylum to prevent oneself from being deported?

Thank you!

Kyndra Mulder
Kyndra Mulder answered on Oct 2, 2020

Depends on your status when you request to be admitted. If you are requesting admission based on a non immigrant visa: A visa does not guarentee you will be admitted. A visa only grants you permission to request you be admitted. Secondly, admission into the USA is considered a privilege not a... Read more »

2 Answers | Asked in Appeals / Appellate Law and Immigration Law for California on
Q: Denied I-130 and I-485 filed concurrently. Can appeal still be submitted to BIA, any other alternatives?

denial letter says no appeal to the decision, only motion to reconsider/reopen. But a field office made a mistake stating I-130 was abandoned and therefore got denied. Petition has never been abandoned and all info was provided on time.

Kyndra Mulder
Kyndra Mulder answered on Oct 2, 2020

A question that is unique to your particular situation should be discussed with an experienced immigration attorney. I can not advise you without looking at the record.

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