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Questions Answered by Kyndra L Mulder
2 Answers | Asked in Immigration Law on
Q: Can I change from F1 to E2 visa status?

During my Freshman year in undergrad, if I won a competition and received an investment for it, can I switch from a F1 to an E2 visa status? I would like to start a business there. My family owns a business in my country. While I am in college, I want to start my own business in the US. Within 1 to... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 18, 2021

You can change your status from inside the USA as long as you are in a lawful status when you do so.

You may also qualify for an L visa if you establish a related business to your family business - provided you qualify. This visa would allow you to adjust status.

I suggest you...
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1 Answer | Asked in Divorce and Immigration Law on
Q: If the L1 visa holder gets divorced and remarried, what is the official procedure to get an L2 for new spouse?

If the 1st spouse had already received L2 but never travelled to US.

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 18, 2021

The spouse can apply for the L2. What the procedure is and whether the spouse qualifies depends on facts that you have not provided.

2 Answers | Asked in Immigration Law for California on
Q: Urgent: I have a question for my sons crba interview.

I have a son that has one month old and was born in mexico, im trying to register as a citizen(CRBA). I am a US Naturalization. And one of the requirement is this ( Documents to provide proof of father’s presence in the U.S. prior to child's birth (for at least 5 complete years and at... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 18, 2021

You state that you are a USC by naturalization and the father is also a USC. At least one of you had to have lived in the USA for 5 years and two of those years after your 14th birthday. If one of you does not meet this requirement you child is not a USC by birth. You will need to establish a... View More

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1 Answer | Asked in Immigration Law for California on
Q: Urgent. I have a question about my sons crba interview.

What does this law mean:

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

Does this... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 17, 2021

You are looking at the rule for determining whether your son became a USC at birth. It doesn't sound like he became a USC at birth because you were not a USC at his birth. You do not state whether his father was a USC on the date of his birth.

You do not state how old your son is, his...
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1 Answer | Asked in Immigration Law for Washington on
Q: 90 day rule and how does it apply to H2A visa workers if they left for a week due to an emergency. Does it restart?

My fiancé came with a H2A visa in February 2021 and is through late November 2021. We met in April and got engaged in late July. Our planned wedding is this September, however, he is planning to visit his son who is in Mexico from 8/21/21 through 8/28/21 due to medical reasons. Does the 90 day... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 17, 2021

The 90 day rule addresses the intent of a person when s/he enters the USA on a non immigrant visa. Your fiance will be leaving the USA and requesting he be admitted as a non immigrant when he has the intent to immigrate.

2 Answers | Asked in Immigration Law for Alabama on
Q: Lost of Green card

Subject: lost Greencard

I have a conditional greencard through marriage. Unfortunately, I lost all my legal documents overseas including my greencard. I was able to return to USA with a travel permit. Now since I'm here, I haven't been able to replace my SS or to get my drivers... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 16, 2021

Your first step is to apply for a replacement green card.

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3 Answers | Asked in Immigration Law on
Q: Question about Undocumented Immigrants Application

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Kyndra L Mulder
Kyndra L Mulder
answered on Aug 16, 2021

Yes. You will need to provide information. You are married and will need to provide information on your marriage.

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3 Answers | Asked in Immigration Law for Texas on
Q: About a dismissal case for the US citizen and how does that effect me immigration. I am on a conditional 2 year visa

Hi i have a question please

My wife who is a us citizen was abusing me physically. I then i called the cops and they arrested her . After words I moved out and there was a domestic charge on my spouse . How ever later on i knew that her case was dismissed . Also i know my spouse will... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 16, 2021

You may file to waive the joint filing requirement in order to remove the conditions on your LPR status. You will be successful if you meet all requirements. I suggest you consult with an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for Alabama on
Q: came here on a student visa and ended up staying undocumented. married a us citizen who recently passed away. had kids.

my spouse passed away last yr and we never applied for citizenship. now i have legal problems. and getting close to retirement. I would love to go back to Philippines.

both kids are born here. what are my options?

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 16, 2021

In general, your option is to remain the USA or return to the Philippines. It is not possible to give you specifi advice without additional information.

1 Answer | Asked in Immigration Law on
Q: Denied visa

December 2020, my family unification visa to turkey was denied because my bank statement was less than 3 months. My husband would take care of my financial needs anyway.

One travel agent offered help for 200USD and assured me that this is what happens in the embassy and people would get... View More

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

Maybe you should seek council from an experienced immigration attorney regarding your immigration situation - rather than a travel agent.

1 Answer | Asked in Immigration Law for Georgia on
Q: Removal procedure dismissal

I was in deportation removal procedure due to miss court date . After years, the judge dismissed the case without prejudice, by ICE request. In the meantime while waiting, my adjustment of status was submitted before the judge who received it based on my marriage with my US citizen spouse; along... View More

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

Your I-485 was filed and is pending with the USCIS. The court had jurisdiction to adjudicate the application when you were in removal proceedings. Now that your case before the court has been dismissed the USCIS has jurisdiction to adjudicate the application. Send a request to the USCIS at the... View More

2 Answers | Asked in Immigration Law for Washington on
Q: I have a 5 year multiple-entry B2 visa. Can I travel to Mexico and get 6 months more on return to US.

I am an Australian citizen with a 5 year multiple-entry B1/B2 visa. I arrived in the US in early April, 2021 and the passport was stamped at the airport. The officer wrote a date on the stamp for early October.

If I travel to Mexico for a weeks holiday in September and return to the US,... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 18, 2021

Crossing the border to Mexico is not considered an effective departure from the USA and will not result in an extension of your current stay in the USA. You need to return to your home country where you maintain a permanent residence and remain in your home country for a longer period of time than... View More

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1 Answer | Asked in Immigration Law for Florida on
Q: How can we get help for a friend to be released after posting bond?

He has been in jail for about two years. He is still fighting his case. We have posted his bail yesterday even at the Volusia county jail and he does have a immigration hold. The 48 hours should be up tomorrow evening. What do we do if they do not release him tomorrow evening. Can someone please... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 6, 2021

If not released he or someone on his behalf needs to contact the LEA Officer in Charge at the jail.

Many more facts are needed to know whether he has a defense to removal from the United States.

2 Answers | Asked in Domestic Violence, Criminal Law and Immigration Law for Pennsylvania on
Q: I was recently incarcerated, I’m an immigrant the charge was domestic but I didn’t do it.

They charged me with strangulation and assault but I didn’t do it, because i have an accent they say the body cam says I admitted to it( not true). They also said I had former charges that they pinned on me but the charges date back to the 90s when I was still a child in Jamaica. My public... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 18, 2021

This is a crime of violence and an aggravated felony. You need to successfully defend the charges or get the charges dropped. Otherwise you will be placed in removal proceedings.

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1 Answer | Asked in Immigration Law for California on
Q: Can someone with DACA and a final order of removal travel on advanced parole?

Married to a US citizen and approved I 130 however, I have been unable to get my case to reopen. Some lawyers have told me that legal entry would make my case more likely to be reopened if we argue that I have a legal entry and can adjust my status. However, others Have told me that I would get a... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 31, 2021

If you have an outstanding order of removal and you leave the United States you will not be admitted when you try to return. If you have an approved I-130 you may be eligible for a waiver. Without a waiver I can not say how long you will be banned from the USA because I have no facts regarding your... View More

3 Answers | Asked in Immigration Law for Florida on
Q: Hi if i have a 10 years green card residence in the us can i do the residence process for mom and Dad please?
Kyndra L Mulder
Kyndra L Mulder
answered on Jul 31, 2021

No. You must be a United States citizen.

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1 Answer | Asked in Immigration Law and Business Law for Maryland on
Q: My question to you is; since I've never paid taxes before nor am I eligible for a SSN, what do you recommend I do?

I have a unique case under my belt. Perhaps you've worked with people in a similar situation before, but I'm an A2 visa holder (under my father's contract) and I'm looking to purchase an online E-commerce business that has gone for sale for $4 million. It's an extremely... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 30, 2021

Such an endeavor and investment warrants the retaining of an experienced immigration attorney. There are a few possibilities and you should discuss them with a qualified attorney.

1 Answer | Asked in Immigration Law for Texas on
Q: I have my uscis biometric in 2wks but I can’t find my new passport but I have my old passport that been expired

The old passport has been expired for 5years what should I do? Will I be allowed for biometric?

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 29, 2021

You should be allowed in with your old passport. Bring a second photo id and/or your birth certificate (with English translation).

1 Answer | Asked in Immigration Law for Illinois on
Q: Do Former Asylees Seeking Citizenship need attorney at interview for visiting home country twice (parents sick )

Hi. My spouse and me are former religious Asylees. Now need to file for N-400. We traveled twice to home country due to severe illnes of father and mother in law and they passed away. our stay were 30 and 40 days long.

We have reports of illness and some pictures of staying at safe place... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 29, 2021

Yes. I strongly suggest you have an experienced attorney prepare your Applications for Naturalization, prepare you for the interview, and attend the interview.

The possibility of never seeing family again or not being able to be there when they pass is a tough consideration when making the...
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1 Answer | Asked in Immigration Law for Michigan on
Q: How to answer the Beneficiary Qualifications RFE received for a new H1B petition due to degree not related to the job?

USCIS is asking to show how the degree is directly related to the job but we provided individual courses from my degree that I have used to perform my job duties with the initial petition. What else will be required to build a strong case to answer this RFE?

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

Your question can not be answered without a thorough review of your file.

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