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Questions Answered by Kyndra L Mulder
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... View 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... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can I appeal a denied I-485 due to ineligibility at the time of filing as I didnt had or sought a waiver for the 2 year

I am a J1 student. I applied for the Non-objection waiver on October 2017. I got an approved I-130 on January 2018 and applied for a I-485 in March 2018. I received an approved outcome from the U.S. Department in November 2020 and a granted a I-612 in December 1 2020 prior to their denial in... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 29, 2020

You will need to refile the I-485.

1 Answer | Asked in Immigration Law for Colorado on
Q: VAWA GREEN CARD HOLDER WITH CLOSED ASYLUM CASE

I applied for affirmative asylum in the past but before I was called for the interview I obtained my green card through VAWA. I have now closed my asylum case since I'm now a permanent resident. Can I visit my home countryto visit my sick mum? Will I have problem with point of entry officers... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 29, 2020

When you apply for NATZ the USCIS can revisit the asylum application and whether it had merit.

1 Answer | Asked in Immigration Law for Michigan on
Q: I have concerns about the i864 avadavat of support. Can a prenup state the foreign spouse would have to depart US?

The conditions, I found, for ending I864 support was the foreign spouse becomes a citizen, works 10 years, or departs US.

How fast can she become a citizen after receiving her greencard?

Fiancee visa seems quicker to be together, but spouse visa receipt of green card roughly the... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 28, 2020

Your wife can become a USC in three years from the date she receives her LPR status provided you stay married. If the marriage does not last she will need to wait 5 years.

When you bring your spouse to the USA you agree to support her as stated in the I-864. It is not up to you to remove...
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2 Answers | Asked in Immigration Law for Georgia on
Q: Is it possible to bring my mother here even though I'm on food stamp?

I became a naturalized citizen in 2019, I want to petition for my mother to come to the u.s so I can go to work, I am a stay at home mom but my husband work.

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 28, 2020

Yes. You can sponsor your mother. You will need a co sponsor. Secondly, your beng on food stamps must be reported on the I-944.

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1 Answer | Asked in Immigration Law for Florida on
Q: My husband was arrested for domestic violence, the judge released him on conditions, but immigration didn't?

My husband was arrested for domestic violence, the judge released him on conditions, but immigration didn't?

My husband was arrested for domestic violence, he is illegal and has immigration on hold, he received two fines for restraining orders and also for attacking, and there is also... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 19, 2020

You may be the person that called me earlier this week.

Your husband may be deported simply because he is here with no status.

Misdimeanor Domestic Violence is not a crime of violence in Florida and not a deportable offense. However violation of a restrating order may be....
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2 Answers | Asked in Immigration Law for Florida on
Q: Visa extension denied, assuming that we get a NTA, can we take voluntary departure before the court hearing?

Hi,

We have just had our visa extension denied and are now out of status unfortunately it is proving really difficult to wrap everything up and arrange exit before the end of the appeal window in the first week of January. Both Christmas and Covid are causing delays but we are trying to... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 18, 2020

Beforwe you decide to take this action there are considerations that could have serioius copnsequencws to your future;

For instance;

If you wait for removal proceedings against you, you could wait for years because the court is so clogged and you are not a high priortiy for...
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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Hi. Is it possible to get SSN valid for work with DHS without I765?
Kyndra L Mulder
Kyndra L Mulder
answered on Dec 17, 2020

Yes. An LPR or a USC does not require employment authorization to obtain a SSC.

A person may receive a TIN without filing an I-765 if all other requirements are met.

2 Answers | Asked in Immigration Law for Tennessee on
Q: My wife sponsor her parent into the USA they came in with deferred action and now they are asking them leave

ICE said that they have to leave and my wife’s parents ran away just left a note saying if ICE finds me they can take me. My wife didn’t sign anything but would happen to her since she’s sponsored them in ?

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 17, 2020

The I-864 is a contract between the sponsor and the government. As long as the parents are in the USA your wife will be responsible for the financially should they become public charges and/or until they meet one of the requirements listed in the I-864 before your wife's signature and no... View More

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1 Answer | Asked in Immigration Law for North Carolina on
Q: What is the deadline to apply for a change of status from B1 Visa to F1 Visa?
Kyndra L Mulder
Kyndra L Mulder
answered on Dec 14, 2020

You may only apply to change your visa while your B1 is current. If you overstay you can not.

2 Answers | Asked in Immigration Law for Florida on
Q: If I was under 18 when I came to the US on a green card but my father is a US citizen, I'm i a citizen Now I'm over 18?

Or do I need to fill the paper work and take the test?

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 11, 2020

Provider you and your father meet all other requirements and he became a USC when you were under the age of 18; you are a USC. File the N-600 to receive a Certificate.

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2 Answers | Asked in Immigration Law for North Carolina on
Q: I am a naturalized US citizen. My brother asked for asylum in the US. Can I petition him with the I-30 while his pending
Kyndra L Mulder
Kyndra L Mulder
answered on Dec 11, 2020

You may. Depending on the country he is from it could take years for his priority date is reached and he can adjust through you.

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5 Answers | Asked in Immigration Law for New Mexico on
Q: Our church Pastor and his wife have been here over 30 year but do not have legal status. Can the church sponsor them

They do have 2 adult children born here too. He has been the pastor for 24 years

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 11, 2020

Their adult children may qualify to sponsor them. I advise they consult with an experienced immigration attorney.

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3 Answers | Asked in Immigration Law for Florida on
Q: I would like to know if It’s possible to apply for fiancée visa during this Period?
Kyndra L Mulder
Kyndra L Mulder
answered on Dec 10, 2020

Yes. It is possible. My office has been processing the filing of cases all year without interruption. I assume you have met in person. You may have some additional road blocks such as travel bans.

Most consulates have resumed interviews but are backlogged.

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1 Answer | Asked in Immigration Law on
Q: Can the daughter of a foreign diplomat take asylum in America?

Can the daughter of a foreign diplomat take asylum in America?

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 10, 2020

She can apply for asylum and if she qualifies may be granted asylum.

1 Answer | Asked in Immigration Law on
Q: If someone is charged with DUI,reckless driving &later convicted for reckless driving ,can he apply for green card.

1st time convicted for reckless driving,put on diversion &some penalty by honorable judge.he is on H1B.Is he eligible to apply for green card & if other papers are found in order will his application be prcessed or not.Thanks

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 8, 2020

The arrest and conviction will have an effect on the ability to adjust status. More informatin is needed to determine the extent of the effect. The conviction can be found to be a violation of the terms of the H visa and the visa be cancelled. I suggest this person at least consult with an... View More

2 Answers | Asked in Criminal Law and Immigration Law for Wisconsin on
Q: What can we do to fix all this?

My boyfriend has an Open - Bench warrant issued since 2011, because he didn’t showed up to the court because he signed a paper to get deported, so Ice took him in. On his case record it has his year of birth wrong it says “1991” but he’s from 1993 and he was 17 years old, but since he... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 8, 2020

It is necessary to review your boyfriend's record in order to advise him.

Consult with an experienced immigration attorney.

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2 Answers | Asked in Immigration Law for Kentucky on
Q: My girlfriend is trying to come to the US but we need help on what process to do.

I don't know what process is the quickest or easiest or cheapest because we are both poor and we just need all the help we can get even some advice would help us

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 7, 2020

You have two options;

A K visa or bring her here as your spouse.

You state you want all the help you can get; the best help is to retain an experienced immigration attorney or at least consult to discuss the pros and cons of each option.

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2 Answers | Asked in Immigration Law for Texas on
Q: I live in Europe, can I keep my green card?

I moved to Europe permanently wo years ago. My wife is American and we visit the USA roughly once a year. I still have a bank account as well as a 401k. Is there a way to keep my green card indefinitely?

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 6, 2020

A green card means you are a permanent resident. Permanent Resident means just that;

Permanent Resident. If you are not a permanent resident: do not maintain your actual physical presence in the USA you loose the status. A bank account and 401K do not establish residency.

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1 Answer | Asked in Immigration Law for Texas on
Q: Can I give up my green card while traveling on an ESTA Visa?

I lived in the USA as a Dutch national with a green card and moved to the Netherlands permanently two years ago. I will be visiting my American wifes family for two weeks for vacation. I still have my green card and would like to give it up upon entry at the border control. I applied for the ESTA... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 6, 2020

First; You state you moved to the Netherlands 2 years ago. Your LPR status may already be revoked because of the extended stay outside the USA.

Second; If you are l an LPR you are not eligible for ESTA of a visa.

To be eligible for ESTA you will need to firm make sure you are not an LPR.

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