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Questions Answered by Myron Morales
5 Answers | Asked in Immigration Law for Florida on
Q: Can I apply for naturalization if my green card expired 2 months ago instead of renewing the green card?

I am married (23 years and counting) to a US citizen and have been living in the USA since 1995 legally. I was gained permanent resident status back in 1999.

I meet all the criteria as per the N-400 form. My green card expired 2 months ago, and I would like to apply for citizenship... Read more »

Myron Morales
Myron Morales answered on Apr 23, 2020

Usually that is not a problem as you remain a resident despite the expiration of the card. Some officers will at least want to see an I-90 receipt, but given the long adjudication times, some are more understanding.

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2 Answers | Asked in Immigration Law for California on
Q: Switch from L1 (Blanket) Visa to Green Card/Permanent Resident and then on to Citizen

This question was answered before, but I was missing some details. I have included more details:

My longterm Argentinian partner (8 years) has a L1 (Blanket) visa. We are looking at seeing if we can change her status from a L1 Visa to Permanent Resident/Green card with hopes of one day... Read more »

Myron Morales
Myron Morales answered on Apr 20, 2020

If you are a US citizen, then the fastest and safest way for him to obtain residence will be through marriage.

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1 Answer | Asked in Immigration Law for California on
Q: Hello, I have a Green card can i get my son a green card too? (Please read the details there’s more)

My son is 16 years of age, he entered the us with a tourist visa and he didn’t go back, he entered through the border line us-Tijuana he was checked by border patrol, He was born in Mexico, is it possible for me to get him a a green card? And what do I have to do to get him one?

Myron Morales
Myron Morales answered on Mar 26, 2020

He will have to Consular Process abroad with a waiver unless you become a citizen first.

1 Answer | Asked in Immigration Law on
Q: Steps to follow for B1/B2 extension inside the U.S.?

My grandmother and aunt both entered the U.S. with their B1/B2 visa. My grandmother is currently receiving cancer chemotherapy in the U.S and her daughter (my aunt), who is older than 21 years old, is taking care of her. My grandmother needs to extend her stay to continue her medical treatment. In... Read more »

Myron Morales
Myron Morales answered on Mar 26, 2020

They will each require a separate I-539. The instructions and form are available on the USCIS website.

2 Answers | Asked in Immigration Law for California on
Q: My girlfriend is a UK citizen that is immune compromised. What happens if she overstays her ESTA due to COVID19?
Myron Morales
Myron Morales answered on Mar 27, 2020

She can apply for satisfactory departure through U.S. Customs and Border Protection. Requirements are on their website.

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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.

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