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Questions Answered by Kyndra L Mulder
1 Answer | Asked in Immigration Law for New Jersey on
Q: Traveling to Canada as US Citizens with kids who have green cards (but are eligible for US passports)

I am a recently naturalized US Citizen. My kids are eligible for derivative citizenship, but won't get their US passports in time before we are to travel to Canada. We have not applied for N-600 or passports for them. Can they travel using their still valid green cards, even though they have... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 26, 2021

Depending on the method of travel your children may be admitted back into the USA with just their green cards but they should have a travel document(s) or passport. I assume you are flying. I suggest you check with the airlines.

1 Answer | Asked in Immigration Law for Texas on
Q: I was a resident alien for about 30 years and paid into my SS most of that time. I was recently deported.

Can I get any of the money from my SS or is it a lost cause? Disability ? Am I elidgable

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 26, 2021

You are not likely eligible for disability however you may be eligible to receive your social security. I suggest you contact an attorney that practices in the area of social security law.

1 Answer | Asked in Immigration Law on
Q: Change of name of petitioner

Hi everyone please I’m about to submit my birth certificate on CEAC. My dad who is the petitioner has a change of name and has a affidavit from USCIS to support that. Currently the I bear the surname on the change of name documents

Should I attach my dad change of name to my birth... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 26, 2021

You may file either way and I suggest a cover letter that explains the situation.

1 Answer | Asked in Immigration Law for Tennessee on
Q: Can I enter the USA with a one-week valid H-1B visa?

My H-1B visa expires on 5th August 2021. Currently, I'm outside of the USA and planning to enter on 30th July 2021. Can I enter the USA with a one-week valid visa? Will there be any problem at the port of entry?

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 26, 2021

BP may very likely deny you entry into the United States. Normally you must have at least three months before your visa will expire. Secondly, if you only have a week left on your visa BP will presume that you are in violation of the terms of the visa.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Husband filed to remove conditions I want a divorce. Can he get alimony from me?
Kyndra L Mulder
Kyndra L Mulder
answered on Jul 26, 2021

I assume your husband is the immigrant. He can have the conditions of his LPR status removed on his own by filing a waiver of the joint filing requirement. He can request alimony in a dissolution proceeding and he can request the affidavit of support be enforced.

2 Answers | Asked in Immigration Law for Florida on
Q: If I self deport, move to another country where I can get citizenship such as Japan or Portugal. Could I come back?

I’m able to get a Portuguese passport could it be possible to self deport get my Portuguese citizenship and come back once a while to visit family and friends? Or would there be a problem since I had show illegal entry to the states before. I would like to add I was brought to the states when I... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 26, 2021

You began to accrue unlawful status when you turned 18. If you leave the USA you may have a 3 to 10 year ban on returning. Have you applied for DACA?

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Can I withdraw affidavit of support for someone whose conditional residency expired 4 months ago and left US?
Kyndra L Mulder
Kyndra L Mulder
answered on Jul 2, 2021

The person has left the USA and conditional residency has expired so you are no longer obligated under the I-864. There is no need to withdraw it.

1 Answer | Asked in Immigration Law for New York on
Q: My mother currently has visa B2, will she be able to travel to US from Russia while waiting for green card

Just recently applied for green card, she came to US multiple times

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 2, 2021

A B2 visa is a non immigrant visa. Your mother has shown immigrant intent. She may not be admitted into the USA for this reason. If she does attempt to enter the USA on her B2 she will need to carry with her sufficient documentation to indicate her intention to return to her home country at the... View More

2 Answers | Asked in Immigration Law for Florida on
Q: How can I get info on my removal proceedings case? Either to know if there's any updates or when will I receive a NTA..

I had Green Card but was not living in the USA. When I came in December 2017, I was stopped by CBP at the airport and after lots of paperwork and hours, got a Parole Card and documents related to Removal Proceedings. I was given a NTA that said that date, time and place were "to be... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 1, 2021

You are in the same boat as many. There is very little information on when your case will be heard. How much longer you may have to wait can be determined - to some extent - based on the reason you are in removal proceedings.

The current administration just issued an Executive Order in June...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Is the one step adjustment process available to a foreign adult legally living in the U.S through a student visa?

My dad is a green card holder and petitioned me, a U.S student visa holder, for a green card. Should I have filed for adjustment of status as well since I already live in the U.S or is that only for children under 21 years old?

Kyndra L Mulder
Kyndra L Mulder
answered on Jun 27, 2021

There is not such thing as a one step process. You must have an approved Alien Relative Petition and then you must file to adjust status.

1 Answer | Asked in Immigration Law for Georgia on
Q: I was a lymphoma patient in remission until recently. I relapsed, and am now going through all the tests for the doctor.

My boyfriend has been helping me get through this difficult situation. My boyfriend is an illegal alien, and is trying to get a green card. I have come to depend on my greatly getting to appointments, and helping me throughout the day. If we were to marry, I have heard that he would have to spend... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jun 25, 2021

If your boyfriend entered without inspection he may be eligible to apply for a provisional waiver. He would be required to be out of the country for approximately a week if everything is coordinated properly.

Eligibility to file and being approved are two different things and the process is...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: A friend is going to be deported back to Costa Rica.

He's incarcerated and will be released in December of this year. He's worried about being detained in ICE holding for several weeks/months. He'd like to know if his family paid for his ticket would it expedite the deportation procedures any?

Kyndra L Mulder
Kyndra L Mulder
answered on Jun 24, 2021

Yes. He can expedite the removal by waiving his right to go before an immigration judge. Tell him to speak with his deportation officer when the officer comes to visit him.

1 Answer | Asked in Immigration Law and International Law for Texas on
Q: I was issued at Ordered Removed (inadmissible) on my way to NC from MEX. How can I get this removed, it was a mistake.

I was in Chicago (layover) and they questioned my intent of traveling to the US. I told them I was here to help a friend recover from surgery but did not believe my story. They said I was here to get married & after checking my phone, they could not prove it. Then the said I was here to work... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jun 23, 2021

You have not stated very important information: How did you enter the USA? If you entered without inspection you were subject to removal regardless of your reason for being here and your education. You agreed to the removal.

1 Answer | Asked in Immigration Law for California on
Q: I petitioned my son I-130 what are the chances I get the application expedited if I Make a request? he is my only son

I am 69 years old I have only 1 son and I petitioned for him and its been 2 years, he is in removal proceedings in the 9th circut, what are the chances I get my application expedited and if the request is granted how much further can they move the appicaiton? he is my only son I have type 2... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jun 23, 2021

I suggest you retain an experienced immigration attorney to represent your son in removal proceedings. Your issue is more complicated than can be addressed on this page.

2 Answers | Asked in Immigration Law for Florida on
Q: Can I switch from consular process to AOS and request the interview be done in the states?

Will my husband be able to come here while we do this ? The i-130 and other documents are paid for and already approved. we are awaiting interview with the consular office but we would like to switch to AOS. Can he come here and start this process?

Kyndra L Mulder
Kyndra L Mulder
answered on Jun 23, 2021

Unless your husband has a visa he will not b e admitted into the USA.

Consular processing requires an immigrant visa application be completed online. I assume you have done this.

Adjustment of Status in the USA requires a pending I-485. I assume you have not filed an I-485.

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1 Answer | Asked in Immigration Law for Illinois on
Q: Is traveling risky after divorced and I-751 being processed? I’d just have expired Green Card and I 797-C.

Can I travel outside the US during i-751 pending with I-797 C Notice of action (Divorced). I’m concerned because at the port of entry my separation would be an issue or interrogation.

Kyndra L Mulder
Kyndra L Mulder
answered on Jun 23, 2021

In general, you will not be admitted back into the USA with an expired green card unless you have been granted an extension.

2 Answers | Asked in Immigration Law for New York on
Q: Hello, I had immigration problems with the USA back in 1980. Can I do 1 stop in the US if I need to travel to Canada?

I am a Canadian citizen and stuck where I'm at during covid. In order to go back home to Canada, I must do 1 or 2 stops in the US. I am nervous I might have some problems traveling back to Canada but need to come back home in Canada to visit my doctor and refill my medicine. Back in the 1980s... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jun 19, 2021

You may be allowed to travel but you may be denied entry to the terminal beyond the boarding area. It is also possible there will be no questions.

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2 Answers | Asked in Immigration Law for Florida on
Q: Waiting on EAD it’s been 10 + month, can I use my Oder Of Supervision document instead to renew DL?

I have a Florida DL for more than 35 years, Had a green card, broke the law and now have an Order of Supervision indefinite. Each year I report to ICE, apply for EAD renew and than get DL. I know the law chances all the time but since COVID. I sent for my EAD back in March 2020, still have not... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jun 19, 2021

What documents are required in order to renew your license is a question for the DMV. Your EAD may be automatically extended based on USCIS actions taken during COVID. More information is needed. I suggest you consult an experienced immigration attorney or do your own research and/or contact the... View More

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2 Answers | Asked in Immigration Law for Washington on
Q: If I am detained in county jail for 10-20 days, will I be deported?

I have a few small things on my record, and I was just charged with 2nd-degree assault. Although I was younger than 18 for everything on my record, I was tried as an adult for this charge and I am now facing jail time for 10-20 days.

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

If you are not a USC, the charge is a crime of violence and an aggravated felony. Yes, you will likely be placed in removal proceedings to be deported. I suggest you contact an experienced attorney in your area who practices criminal defense and removal defense.

You will not be deportable...
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1 Answer | Asked in Immigration Law for California on
Q: I missed my master calendar hearing. I got green card through marriage through a US citizen. I was not able to apply to

My partner and I are separated now. I recently had a criminal conviction of healthcare fraud and had 6 months prison sentence. And I just wanna go back home to Canada. Will they arrest me right away?

Kyndra L Mulder
Kyndra L Mulder
answered on Jun 14, 2021

Your failure to appear has most likely resulted in an order of removal. If you never plan to return to the USA there is no reason that you can not just leave - based on the information you have provided.

ICE can seek you out and arrest you but this is rare.

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