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Questions Answered by Myron Morales
1 Answer | Asked in Immigration Law for Georgia on
Q: Hi I am in Georgia my boyfriend is here He has herpes And I want to marry him will this interfere?
Myron Morales
Myron Morales answered on Oct 24, 2017

This will be disclosed on his medical report, but it is not a ground of inadmissibility when a US citizen marries a non-citizen.

1 Answer | Asked in Immigration Law for Maryland on
Q: My husband got his greencard in '16 but didn't update his application as married in '14.How can I stay in the US?

I have a b2 visa which I have renewed once and expires in Feb '18.

Myron Morales
Myron Morales answered on Oct 24, 2017

I have seen situations like this in the past. We usually provide a letter of explanation and the government has been good about not making findings of fraud or misrepresentation. Much depends on the facts of your situation, so be sure to consult with a lawyer before filing.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can my Canadian wife stay in the United States while she waits for her Green Card application?

We are visiting family in the United States and I was offered a job in the US which I would have to start in a few weeks if I accepted as I am not currently working in Canada. I am a US citizen and my wife is a Canadian citizen. We also have a baby that is both US and Canadian citizen. I do not... Read more »

Myron Morales
Myron Morales answered on Oct 19, 2017

After she has been in the U.S. for 90 days, you can file a petition to adjust her status from visitor to lawful permanent resident. She can obtain a work and travel permit while the application is pending.

2 Answers | Asked in Immigration Law for Ohio on
Q: I entered the U.S on the v.w.p and have married a U.S citizen who is pregnant can i remain to provide for my family
Myron Morales
Myron Morales answered on Oct 18, 2017

Once you have been in the U.S. for 90 days, you will need to file an adjustment of status petition. You will get a work permit while the application is pending and you can remain in the U.S. until a final decision is made.

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1 Answer | Asked in Immigration Law and Education Law for North Carolina on
Q: I have been out of school since 2015. My question is is it possible to get back in school.

Good morning, I was looking online and came across your website and if possible I would like to ask you a few questions because I am seeking help if possible.

I came to the US on a track scholarship for school back in 2011 and finished in 2015. After graduating I didn't want to go back to... Read more »

Myron Morales
Myron Morales answered on Oct 16, 2017

Contact your Designated School Official and ask them about reinstatement. It might be a weak application, but it is an option.

1 Answer | Asked in Immigration Law for Texas on
Q: How soon can you ask for a green card or any legal status after marrying a US citizen?

I ( Costa Rican citizen, with DACA status) plan on marrying my fiance (US citizen) soon, but I want to know when is the safest time to ask for legal papers soon after marrying him without it looking suspicious to the immigracion rep.?

Myron Morales
Myron Morales answered on Oct 16, 2017

Before you file anything, please make sure that you are eligible to adjust your status in the US. There really isn't a time to wait in your situation. The big question in your case is Consular Processing with a Waiver versus adjustment of status in the U.S.

1 Answer | Asked in Immigration Law on
Q: I'm married to a US citizen and I applied for an B1 visa and got approved, can I travel to the US and apply for status
Myron Morales
Myron Morales answered on Oct 15, 2017

You will have to wait 90 days before applying to change your status. Your entry, however, cannot be for the sole purpose of eventually changing your status. You must be a bona fide visitor.

1 Answer | Asked in Immigration Law for Maryland on
Q: How soon can I apply for a change of status and what are my chances of getting an approval?

My wife had her national interest waiver approved in July and now awaiting her Green Card. Fortunately for me, I was given a B1/B2 visa and now in the United State. I arrived United States on the 11/09/2017. Also, we have a 2 year old daughter who was given birth to in United States.

Myron Morales
Myron Morales answered on Oct 15, 2017

You may want to consider utilizing the following to join process as it is usually faster than an adjustment of status.

2 Answers | Asked in Immigration Law for Florida on
Q: US citizen and non US citizen spouse both living abroad want to move to the States.

I’m a US citizen and my spouse is a Spanish citizen (Spain). We got married in 2011( in Spain) and have been living in Spain since then. We want to move to the States in 2018. Do I (US citizen) need to return to the States first to secure a job in order to petition for my spouse’s green card? I... Read more »

Myron Morales
Myron Morales answered on Oct 15, 2017

No, you can use assets or a co-sponsor to meet the financial obligations.

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1 Answer | Asked in Immigration Law for Georgia on
Q: I am currently employed as a teacher under a j1 visa (expiration Feb 2019) My current employer can't sponsor H1B.

I already had a couple of H1B visas, I left the US soil for 5 years on an unfinished one (exp. was 2012 I left in 2011). I came back in 2016 under a J1. My question is: Can I get an H1B sponsor somewhere else and will I be cap exempt? The employer I wanna get a sponsor from is my former employer a... Read more »

Myron Morales
Myron Morales answered on Oct 15, 2017

You can look for and be sponsored for an H-1B elsewhere. Whether it will be a cap exempt will depend upon the employer and how well documented is its affiliation. You also need to consider whether you need a J-1 waiver.

1 Answer | Asked in Immigration Law for Michigan on
Q: I am an American currently in Germany. Can I bring a friend from Greece as a migrant worker for a farm project in MI?

We are working together to get enough money for a small piece of land to get started with a greenhouse for farmers' markets. We will be in Crete in the winters doing business there. Eventually I hope to be able to hire him as an employee so he can bring his wife and children at some time in the... Read more »

Myron Morales
Myron Morales answered on Oct 13, 2017

You should consider using the H-2A program. You will also need to set-up the farm as a business so that it can sponsor him for the visa.

1 Answer | Asked in Immigration Law for New York on
Q: I have an I-151 card since 1970, did not apply for I-1551. What's my legal status and can I still apply for it?
Myron Morales
Myron Morales answered on Oct 10, 2017

Once you are a permanent resident, you remain such until the government takes it away or you renounce it at a U.S. Consulate abroad. As such, you can file an I-90 to get a new card.

1 Answer | Asked in Immigration Law and Federal Crimes for Texas on
Q: I am a US Citizen whom came back to live in Denver, CO. My fiance was transported from Sierra Blanca Federal Detention

He is being charged w/Illegal re-entry after deportation. We want to marry while he is in a Texas Federal Holding. Can we? I lived with him from 3/14/16 to 7/8/17 in Mexico after deportation and in Dalhart, TX from 3/3/15 to 3/14/16. He waiting sentencing in Pecos Criminal Municipal Detention and... Read more »

Myron Morales
Myron Morales answered on Oct 4, 2017

You can arrange with the detention center for a marriage ceremony. You should also look into claiming an informal or common law marriage in Texas that can be back dated.

2 Answers | Asked in Immigration Law for California on
Q: U.S. citizen petitioning for husband, living abroad, How to show affidavit of support if I have no income?

I am a U.S. citizen petitioning the I-130 for my husband and got approved just recently. I now have a Case number from the NVC. Furthermore, my problem is that I am temporary living abroad in Saudi Arabia with my husband and I am 20 years old but, I can't show any income for the Affidavit of... Read more »

Myron Morales
Myron Morales answered on Oct 4, 2017

You can use liquid assets or find a co-sponsor that has sufficient income. A co-sponsor must be a U.S. citizen or Lawful Permanent Resident. You will need proof of their citizenship or residence and a copy of their last Federal Tax Return.

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1 Answer | Asked in Immigration Law for Florida on
Q: my husband is a green card holder i am a us citizen. are we able to bring his mother that is on dialysis to usa to visit
Myron Morales
Myron Morales answered on Oct 4, 2017

She can apply at a U.S. Consulate for a visitor's visa, but you need strong evidence of her ties to her home country. If not, then your husband can sponsor her for lawful permanent residence once he become a U.S. citizen.

2 Answers | Asked in Immigration Law for California on
Q: Applying for naturalization & keeping dual citizenship. How can I add name at naturalization, not change name entirely?

I have heard of other citizens 'adding name' so that they can legally continue to use both their old name and the new added name. Can I do this at naturalization? I understand changing name completely can be done at naturalization though. My dual citizenship would be with Taiwan, if that helps on... Read more »

Myron Morales
Myron Morales answered on Oct 4, 2017

The N-400 has a section where it asks if you want to change your name. Just write the full name that you want there and USCIS will change it for you.

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2 Answers | Asked in Immigration Law for North Carolina on
Q: What does it mean to be Lawfully admitted to a Country?
Myron Morales
Myron Morales answered on Oct 4, 2017

It means that you were inspected by an immigration officer at a port of entry and granted admission. There is also a legal fiction that equals admission when you are already in the country and are granted a new immigration status.

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1 Answer | Asked in Immigration Law on
Q: My father submitted my documents in November 2015 at first I was put in F2A and then moved to F2B

My father is now a resident of USA since October 2015 he submitted my documents in November 2015. My priority date is 09 January 2015. In February 2016 I received my last email from the NVC notifying me that in 60 days i would receive my interview date. Then i turned 21 in April and in September... Read more »

Myron Morales
Myron Morales answered on Oct 4, 2017

You should consult with an immigration attorney to see if the Child Status Protection Act (CSPA) applies to your case. This law could allow you to deduct time from your age so that your legal age could be less than 21 years. If not, then you might have to wait for your priority date to become... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have custody of my minor Venezuelan nephew? how can I apply for his legal residency?

My 14 years old nephew is here at the USA (MA) with me with a tourist visa. He is legally allow to stay until December but due to the critical situation in Venezuela we would like for him to stay with us - What do a need to do to get my nephew to stay with a legal status?

Myron Morales
Myron Morales answered on Oct 4, 2017

If you are a U.S. citizen, then you should consult with an attorney about seeking an adjustment of status to Lawful Permanent Residence on his behalf. They will need to review your legal custody documents to determine if they are sufficient for U.S. immigration purposes before they file.

1 Answer | Asked in Immigration Law for North Dakota on
Q: My Jamaican husband has a police record, will he be able to get a IR-1 Visa?

The wounding with intent charge is over 20+ years, he served less than 3 years in prison in Jamaica. He has some minor offenses after that the last being in 2009. We tried to have his police record expunged but after being told they could expunge but had to wait 3 years, they said no it is not... Read more »

Myron Morales
Myron Morales answered on Oct 4, 2017

You need to obtain a copy of his criminal record and have an immigration attorney review it to see if it gives rise to any grounds of inadmissibility and if there is a waiver available. So, there is a chance that he could get a visa, but you need to have everything analyzed in advance so that you... Read more »

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