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Questions Answered by Myron Morales
1 Answer | Asked in Immigration Law for California on
Q: Freelance Television Producer - can I travel internationally for work with a criminal background? What are my options?

I recently was asked to interview for an international travel show. I have a Misdemeanor Assault conviction - Class A - confined to 8 days time served in September 2013. Should I even take the interview? I don't want to deal with a potentially humiliating situation of being denied entry at an... Read more »

Myron Morales
Myron Morales answered on Jul 31, 2019

It depends upon the laws if the country to which you are traveling. Some countries may require that you apply for a waiver in advance of your trip while others may not view the conviction as a ground of inadmissibility.

4 Answers | Asked in Immigration Law and International Law for Pennsylvania on
Q: If I am married Can I file for i129? If not what is the the fastest way just to bring my wife to US? I am US citizen.

I am a US citizen who is married but wife is in another country.

Myron Morales
Myron Morales answered on Jul 31, 2019

The usual route is to apply for permanent residence for her. That can take about a year to complete. If she is in the US at any time, you can file for residence in the country and she can remain. An I-129 for a work visa may also be possible if she has an offer of employment from a US employer.

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1 Answer | Asked in Immigration Law for Florida on
Q: My daughter is Dating an Israeli for 2 months. His tourist visa expires 2 months. How can he stay longer
Myron Morales
Myron Morales answered on May 8, 2019

He can apply for a six month extension on Form I-539.

2 Answers | Asked in Immigration Law for New Jersey on
Q: What is the best options of us couple (us citizen & dutch citizen) to immigrate to the USA from The Netherlands?

I am from The Netherlands, my partner is from the USA. At this moment we are both living in the Netherlands, in 2016 she got her temporary residence permit to be able to live in the netherlands and work - with this she has the same rights as i do as a dutch citizen. Unfortunately she wants to move... Read more »

Myron Morales
Myron Morales answered on Nov 21, 2018

If you marry in the Netherlands, that will allow your US citizen spouse to sponsor you for lawful permanent residence. You would not lose your Dutch citizenship. It takes about a year to complete the process whether you do it in the U.S. or in the Netherlands. If you adjust your immigration... Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Should my spouse correct wrong answers on her DS-260 Application after submission to the Consulate?

I am a US citizen currently working in India. I submitted an I-130 petition for my Indian wife at USCIS, New Delhi. My petition was approved and my case was referred to the US consulate in Mumbai for final processing. My wife submitted a DS-260 application online to the consulate. However she made... Read more »

Myron Morales
Myron Morales answered on Nov 20, 2018

Have her submit a new DS-260 with the correct answers. Print out the barcode sheet and have her take it to the interview. She can explain the corrections at that time. You can also send an email to the Consulate asking for it to be forwarded to the IV Chief with the corrections explained.

1 Answer | Asked in Immigration Law for North Carolina on
Q: Hi so long story short- I am a US born citizen and my husband a UK born citizen. I want to apply for green card for him?

We are both currently in the States at the moment. BUT my question is do we apply for the I-130 form only or can we apply apply to both I-485 and I-130 concurrently at the same time? (My husband entered on a visa this trip to the States (valid for 10 years)). However he will be travelling back to... Read more »

Myron Morales
Myron Morales answered on Nov 16, 2018

Since he entered on a visa, you can file concurrently. But, since he is leaving on December 1, this will not be enough time to obtain the advance parole document that he will need to return to the U.S. As such, the I-485 would be deemed abandoned and he would have to consular process to complete... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Hello, I am international student and I have F1 visa and worried to extend my visa,,,,

I have been a victim of assault and battery, I have received case No. and criminal complaint that was filled in the county, when this incident happen, the defendant run away, he already graduated and gone back home, but im worried if I go back home to extend my visa, will it effect my record this... Read more »

Myron Morales
Myron Morales answered on Nov 16, 2018

This case should not affect your ability to apply for an extension of your F-1 visa. You should consult with an attorney about a possible U visa application based on the crime committed against you.

3 Answers | Asked in Immigration Law for New York on
Q: My wife just got her conditional green card. Can we live abroad together for 3 years because of a job opportunity?

Can she retain her status while living abroad with me for such extended time?

Myron Morales
Myron Morales answered on Nov 14, 2018

Maybe. She can apply for a reentry permit, which serves as the best evidence that she did not intend to abandon her residence while abroad. You should discuss your work plans with an attorney as she may qualify for Naturalization or a N-460 might help her while she is abroad.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Hi there! What is the issue if my fiance had a wife 8/10 years ago and now we are planning to get married?

Hi there! What is the issue if my fiance had a wife 8/10 years ago and now we are planning to get married? Just to clarify, we are both gays and he was married to a woman around 8/10 years ago. He has the divorce certificate already, issued last month, there was no kids. I am 23 and he is 37. I ask... Read more »

Myron Morales
Myron Morales answered on Nov 14, 2018

As long as he completed a divorce, then he is free to marry you. He will need a certified copy of the divorce decree to prove that he is free to marry, but it should not be a problem from an immigration perspective.

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4 Answers | Asked in Divorce and Immigration Law for Georgia on
Q: Want to file for divorce, both non us citizens. Husband here on work visa which includes wife and kids to be here too

have not lived in state of GA long enough to establish residency to file. where can we file? What happens to wife/kids if she is here on my work visa? I want them to be able to stay in US

Myron Morales
Myron Morales answered on Nov 6, 2017

Once you divorce, your spouse will no longer qualify as a dependent. Your spouse will have to qualify for an immigration status on her own. Your children will remain your dependents.

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1 Answer | Asked in Domestic Violence, Family Law, Immigration Law and Divorce for Pennsylvania on
Q: Hello I am the victim of domestic violence . I was on dependent visa but i am mother of two kids, both are Amricans

My husband used to abuse me sextually, hit me many times and turture me mentally and physically ,blackmail me too. Last time when he hit me, i called on 911 soon after my husband sent me to my parents home (India)with kids in 2016. After that he didnt contacted me nor helped us not even financial.... Read more »

Myron Morales
Myron Morales answered on Oct 31, 2017

If your spouse was a US citizen or Lawful Permanent Resident, you should look into a VAWA petition. If not, then you would need to file a police report and look into a U visa petition.

1 Answer | Asked in Immigration Law for New Jersey on
Q: What are the first steps I need to take if I want to marry someone from Russia?
Myron Morales
Myron Morales answered on Oct 27, 2017

First step is to get married. Talk to an immigration attorney to see if they are eligible to adjust their status to permanent resident in the US or if they need to Consular Process.

1 Answer | Asked in Immigration Law for California on
Q: I am a green card holder since 2010 with category IR2.

I want to become US citizen right now I am in California since 2 weeks still have driver license from Alabama been there since 2010...do I have to wait 3 months in California ?? I need this process quick since I need to bring my girlfriend and my child that’s fixing to be born please someone help... Read more »

Myron Morales
Myron Morales answered on Oct 27, 2017

You need three months of residence in the jurisdiction where you file. You can also file for her now as an LPR and the upgrade the petition once you naturalize.

3 Answers | Asked in Immigration Law for New York on
Q: I am waiting for RFE respond for my H1b. Can I marry a green card holder who will be citizen in 2 years?

I came to the U.S on a F1 visa. Started my OPT in February 2017 and company sponsored me for the H1b.

In April 2017, I got selected in the lottery and received a month later a RFE. Submit the RFE and since August 2. 2017 my case is pending.

I have a boyfriend for 3 years. He is on... Read more »

Myron Morales
Myron Morales answered on Oct 26, 2017

You can get married and submit an I-130 now. It can be upgraded once he becomes a citizen. You will still need to maintain an underlying nonimmigrant status, such as an H-1B or an F-1. Some people that have H-1B denials will go back to school on an F-1.

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1 Answer | Asked in Immigration Law for North Carolina on
Q: If a persons visa has expired . But has got married to a US citizen will that affect them from applying for a green car
Myron Morales
Myron Morales answered on Oct 26, 2017

Depending on the type of visa, they should be able to apply for a green card in the U.S. Consult with an attorney to ensure that they get interim benefits such as employment authorization.

1 Answer | Asked in Immigration Law for California on
Q: I bring my father-in-law over from the Philippines on a tourist visa

I am trying to bring my father-in-law over from the Philippines on a tourist visa my issue is is that he has a marriage that he's been separated with for over 50 years will it be an issue during the process for a tourist visa

Myron Morales
Myron Morales answered on Oct 24, 2017

It should not be a disqualifying factor. You need to show strong ties to the Philippines so that the officer will believe that he will return.

1 Answer | Asked in Immigration Law for Maryland on
Q: My case said "waiting for Interview to be scheduled". Then it changed to "notice eturned to USCIS". Should I be worried?

It's says that it could have a serious effect on my case. I called customer service and they can't tell me what the notice was. I thought I was cleared when I was waiting on an interview date, but now I'm worried that something is wrong.

Myron Morales
Myron Morales answered on Oct 24, 2017

Make an InfoPass appointment at USCIS.gov and go to the nearest local office to have a copy of the notice printed.

1 Answer | Asked in Immigration Law for New York on
Q: I have an H-4 Visa and am the wife of an H-1B Visa holder. My H-4 Visa will soon expire and my husband's company has

filed an I-140 for him. If his I-140 is approved and he receives a Green Card, what status can I have to legally remain in the U.S. after my H-4 Visa expires?

Myron Morales
Myron Morales answered on Oct 24, 2017

Once the I-140 is approved, you can extend your H-4 beyond the 6 year limit. You should also file an I-485 based on his approved I-140. You are eligible to obtain permanent residence with him.

2 Answers | Asked in Family Law and Immigration Law for Florida on
Q: I don't have SSN and it requires to get a Marriage license? What should I do?

I am on F1 visa, and my girlfriend is a US citizen. We are planning to do marriage soon.

Myron Morales
Myron Morales answered on Oct 24, 2017

Talk to the marriage license issuing entity to confirm that there are no exceptions to the requirement. Other States may not have this requirement, so look around for a forum that meets your situation.

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1 Answer | Asked in Immigration Law for Florida on
Q: I'm an int'l student in US; I been married to a US citizen. How should I change my status? should I hire a professional?

I have been in US from last 2 years, my F1 visa is valid till 2021. I and my girlfriend have been married from couples months, and now I want to change my status and get a GreenCard. Should I do procedure by myself or should I hire any lawyer?.

We are not living together right now because... Read more »

Myron Morales
Myron Morales answered on Oct 24, 2017

If you are unsure about the process, it would be advisable to obtain legal advice and/or representation. This will ensure that you file the proper and sufficient documents and that you obtain work and travel authorization for while the petition is pending. Counsel can also help with other matters,... Read more »

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