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Questions Answered by Kyndra Mulder

2 Answers | Asked in Immigration Law for Texas on

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

Kyndra Mulder answered on Feb 18, 2019

You need to call an attorney experienced in immigration and specifically in removal proceedings.

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1 Answer | Asked in Immigration Law for New York on

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

My parents are in visit us visa , do they still need visa to travel with me to Canada ?

Kyndra Mulder answered on Feb 18, 2019

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.

2 Answers | Asked in Immigration Law for Florida on

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

Kyndra Mulder answered on Feb 18, 2019

You can have a valid visa and Asylum pending at the same time.

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2 Answers | Asked in Immigration Law for New Jersey on

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

Hello I am us citizen through naturalization living in india since 5 years .. my wife is indian citizen and my kids become indian citizen because i was short of few days for us stay while they born in india ... I would like to get my children us citizenship so what can be procedure?

Kyndra Mulder answered on Feb 18, 2019

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... Read more »

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2 Answers | Asked in Immigration Law for New York on

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

Recently I got approval notice of I-130 from USCIS. The I-130 petition was for my husband based on F2A category as I am a permanent resident. My husband is in the US with valid F1 student status. As the priority date became current in 2018, he has already filed I-485. We are waiting for interview... Read more »

Kyndra Mulder answered on Feb 18, 2019

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.

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1 Answer | Asked in Immigration Law for New York on

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

Kyndra Mulder answered on Feb 15, 2019

You will need to research the requirements for the other country.

1 Answer | Asked in Immigration Law for Idaho on

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?

Kyndra Mulder answered on Feb 15, 2019

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...
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1 Answer | Asked in Immigration Law for Wyoming on

Q: Look below for entire question.

My Girlfriend from Mexico whom I met while doing volunteer work in Ecuador came to visit me, after I returned to the United States, entering the country with a valid travel visa. After 2 months, I decided we could not live without each other and we got married.

If she travels back to... Read more »

Kyndra Mulder answered on Feb 15, 2019

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...
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2 Answers | Asked in Immigration Law for Washington on

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

Will uscis process the petition since he will not be in USA physically. If he is able to file petition how will his deployment affect the case, even if we are able to submit documents and pay fees while he is on tour.

Kyndra Mulder answered on Feb 13, 2019

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.

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1 Answer | Asked in Immigration Law for Indiana on

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?

Can she stay in the USA while she is waiting for a green card, she has retired from her job and it will be a big help if she could stay with my son while I work thats why I ask. Can she have her status change.

Kyndra Mulder answered on Feb 13, 2019

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... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: Hi! My employer want to sponsor me

Hi! I applied for i589 form soon 3 years and i haven't gotten my interview yet, but i'm working in warehouse and my employer want to file the i140 form to changr the status and get the green card, does it possible ?

Kyndra Mulder answered on Feb 13, 2019

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.

1 Answer | Asked in Immigration Law for Colorado on

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

Kyndra Mulder answered on Feb 13, 2019

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.

1 Answer | Asked in Immigration Law for New York on

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

Why do I get Medicaid but not food stamps?

Kyndra Mulder answered on Feb 13, 2019

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... Read more »

2 Answers | Asked in Immigration Law on

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

On ground that i have the intention of coming in to work in the state. And posibly get married. My phone was ransacked picked some messages just to match their points.

Should i apply for a waiver before applying for a visa?

Kyndra Mulder answered on Feb 13, 2019

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... Read more »

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3 Answers | Asked in Immigration Law for Florida on

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

He is currently in jail

Kyndra Mulder answered on Feb 11, 2019

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... Read more »

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1 Answer | Asked in Immigration Law for New York on

Q: Immigration question. Green card.

I'm green card holder and going to Switzerland to work for 4 years.

I will come USA every 5 months for 1 week.

Will this affect my green card renuwal?

Kyndra Mulder answered on Feb 8, 2019

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.

3 Answers | Asked in Immigration Law for North Carolina on

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

Kyndra Mulder answered on Feb 8, 2019

The immigration status of your spouse has nothing to do with your ability to file for NATZ.

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3 Answers | Asked in Immigration Law for Virginia on

Q: Can my mom who has a 10 years tourist visa enters the US multiple times within 5 months?

My mom was here on October 3rd 2018 and left January 7th 2019. She is planning to come on may and leave On July and then returns back in 2 weeks to stay another two months. Will she have any problem returning to the US after two weeks from her leaving?

Kyndra Mulder answered on Feb 8, 2019

The 10 year visa does not give your mother permission to enter the USA. A visa gives her permission to request admission. The I-94 provided to her by BP states the amount of time she is allowed to remain in the USA for each trip. If she requests admission to often BP may suspect that she has... Read more »

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2 Answers | Asked in Immigration Law for Wisconsin on

Q: I am in USA on business visa B1 from last 1 month. Can I marry a USA citizen and apply for status adjustment.

Can I marry him in USA and apply for conditional GC or should I go back and apply from my home country. I had my h1b visa stamped earlier.(2008 to 2011), but I never used it. Its not that I am getting married immediately but can I get married within in my 6 months of stay.

If that is... Read more »

Kyndra Mulder answered on Feb 8, 2019

Provided you meet all requirements you can marry and adjust status from inside the USA. To know whether you meet all requirements requires more information. I suggest you and your boyfriend consult with an experienced immigration attorney.

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2 Answers | Asked in Criminal Law and Immigration Law for Florida on

Q: My boyfriend is a PR of the USA. He was charged with a criminal offence back in 2002. He recently tried to visit me in

Canada and was denied entry. His court date was pushed out a couple times, but finally happened. They've since arrested him and he's been placed in a dentention center. They are talking about reopening his case. In which he didn't do any jail time, only probation. The family didn't press charges.... Read more »

Kyndra Mulder answered on Feb 8, 2019

A situation like this involving specific criminal and immigration facts requires a thorough review. I suggest you contact an experienced immigration attorney who knows the effects of a criminal record on a persons immigration status.

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