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Arizona Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Arizona on
Q: when an aged out child from F2A to F2B

My questions on this is who automatically roles the child from one category to the next. Also do they keep thier original priority date. Does a new I-130 need to be filed and another I-130 fee need to be paid

Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

No new I-130 needs to be filed. No fee needs to be paid. Child moves from 2A to 2B category automatically on his/her 21st birthday.

1 Answer | Asked in Immigration Law for Arizona on
Q: where is the file sitting now if it has been rolled over from F2A to F2B

Who do I contact to find out information on the case , when I call uscis they say that nothing has been done on the case and we have to submit a new I130 pay the fee and start all over again. This doesn't seem right as I'm sure we were told she would be rolled over to F2B and keep the... View More

Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

Immigrant visa (IV) applicants currently working with the National Visa Center (NVC) to complete their IV applications should make sure NVC has a working e-mail address for at least one party on their case. (A case party is the petitioner, beneficiary, or agent/attorney.) If you have not... View More

1 Answer | Asked in Immigration Law for Arizona on
Q: regarding child who aged out of f2a

if the child who aged out of F2A category is it uscis who automatically rolls the child over to f2b and do they keep the same case number. You said in the last question a new I130 does not need to be filed so do we not need pay for another case. My husband is a lpr and he sponsored myself and my... View More

Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

Yes, nothing changes except that your daughter is now in the 2B category.

1 Answer | Asked in Immigration Law for Arizona on
Q: if child ages out are they auto moved from F2A to F2B with same priority date and does a new I130 need to be filed

When a child ages out is the child automatically rolled over to from F2A to F2B and do they keep their same priority date. Does a new I130 need to be filed. If a new I130 needs to be submitted how much time do you have from the time they have aged out to submit it??

Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.

1 Answer | Asked in Immigration Law for Arizona on
Q: if child ages out of the F2A do they automatically get rolled over to the F2B category and retain original priority date
Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.

1 Answer | Asked in Immigration Law for Arizona on
Q: child aged out of f2a is it auto move to a F2b and the original priority date is kept does a new I130 need to be filed
Carl Shusterman
Carl Shusterman
answered on Jun 5, 2018

When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.

1 Answer | Asked in Immigration Law for Arizona on
Q: if child ages out of the F2A do they automatically get rolled over to the F2B category and retain original priority date

does a new I130 need to be filed when the category is changed from the f2a to the f2b

Carl Shusterman
Carl Shusterman
answered on Jun 4, 2018

Yes, this is how it works. The 2B category is much more backlogged than is the 2A category.

2 Answers | Asked in Immigration Law for Arizona on
Q: My husband came to the US with a work visa. When i petition him will he have to quit his job until adjustment?

His Visa was renewed May of last year and it was for 3 years. I am afraid that he will loose status once i petition him (be in limbo). I want to know so we can prepare and save money if I will be the only provider. Am i wrong?

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

If you are a US citizen, you can immediately sponsor your husband for a green card. He can continue working with his temporary visa in the meanwhile.

Carl Shusterman

www.shusterman.com

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1 Answer | Asked in Immigration Law for Arizona on
Q: I'm a DACA recipient. Can I take a San Diego whale watching ferry tour without fear of deportation?
Carl Shusterman
Carl Shusterman
answered on May 22, 2018

Yes you can as long as the ferry does not leave the US.

1 Answer | Asked in Immigration Law for Arizona on
Q: I am a legal resident since 2006. I have applied twice for citizenship and got denied because of issues in my continuity

Now, I have been in the U.S sine November 2014 and stayed over 30 months. Can I apply for citizenship now or should I compete 5 five years to apply? (five years starting November 2014). Prior to November 2014 I stayed over 6 months and I want to eliminate it from my records so it doesn't... View More

Carl Shusterman
Carl Shusterman
answered on May 18, 2018

You can apply for naturalization now if you have had a green card for 5 years and have been physically present in the US at least 50% of that time.

1 Answer | Asked in Immigration Law and Child Custody for Arizona on
Q: Will an American-born Teen be asked to show a proof of citizenship if stopped by a boarder patrol officer in Arizona?

I am a green card holder who is mentoring an American-born teen. I always need to show a proof of residency when driving by the boarder patrol stops in Arizona. If the teen is with me, will she have to show a birth certificate as well? Do the boarder patrol officers have the right to ask about the... View More

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

Unfortunately, immigrant agents have arrested and imprisoned over 100 US citizens. However, it is not a requirement that a US citizen carry his/her birth certificate with them.

2 Answers | Asked in Immigration Law for Arizona on
Q: Can we apply for husband's residency once we're back in the USA if he's entered on tourist visa?

Hello, I am a US citizen currently living in England with my British citizen husband. We're going to be returning to visit as a family member has fallen ill. If once we're there things take a turn for the worse with their health and we want to stay in the US to help can we apply for my... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on May 8, 2018

Yes, that’s possible. You are right to be concerned about the fraud issue, but if his intent is to come to help with a relative and the return to England, and later he changes his mind for whatever reason, that should not be seen as fraud. It is all a question of intent at entry.

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1 Answer | Asked in Immigration Law for Arizona on
Q: Im a green card holder and have legalcustody of my grandchild(born)here in Az. My daughter passed away last year in Sep

She left a child in Mexico is it possible i can applied for him? And what forms do I fill out?

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

While you cannot sponsor a grandchild, if you adopt her child prior to his 16th birthday, you may be able to sponsor him for a green card.

Children whom you adopt from overseas are not automatically entitled to enter the United States. You will need to comply with certain immigration rules...
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1 Answer | Asked in Immigration Law and International Law for Arizona on
Q: I'm on F1 VISA and my Wife came to US on F2 dependent visa. And she decide to Do Masters Here in US.

So She went back to my country for F1 Visa. If she gets F1 rejected. will Her existing F2 VISA As my dependent also gets rejected?

Carl Shusterman
Carl Shusterman
answered on May 7, 2018

Not necessarily. It would depend on why her F-1 visa gets rejected.

1 Answer | Asked in Immigration Law for Arizona on
Q: I submitted my I 485 copy instead of my wife's while applying for I 131 and USCIS charged $575 fee - can I get refund?

I did not know that she has a separate I 485 receipt and all the while I was using my I 485 receipt for her EAD/AP extension and paid the filing fees for her extensions. I just applied for another extension for just AP and did the same but realized that USCIS has already cashed the filing fee of... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Apr 21, 2018

USCIS will likely request that; however, they shouldn’t have charged you, since applying for AP based on a pending adjustment application has no fee associated with it.

2 Answers | Asked in Immigration Law for Arizona on
Q: Student visa - out of status - reinstatement - green card holder

I am an international student. I got W on one of my class which made me become out of status. I am doing my reinstatement right now. I also apply i-130 (husband is green card holder). My school said i am graduating so if the end of May then don't hear from the uscis, i become out-of-status.... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Apr 17, 2018

You will likely need to leave the US to avoid accruing unlawful presence. You will also need to go to a visa appointment in your home country. If your spouse becomes a citizen, this changes.

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1 Answer | Asked in Immigration Law for Arizona on
Q: My Daughter got engaged to some one who lives in Dubai/ UA. What paper she needs to submit to got him to USA

She is American Citizen and he is from Iraq

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

She can sponsor him for a fiancee visa.

The U.S. citizen must start off the process by filing United States Citizenship and Immigration Services (USCIS) Form I-129F, Petition for Alien Fiancé. This, and other forms, are available from the USCIS website. (Click the "Forms" tab,...
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1 Answer | Asked in Immigration Law for Arizona on
Q: Can my ex husbands green card be revoked after 17 years of marriage since he admitted to marrying only for documents?

I found out he has had 3 other children in Mexico while visiting his family throughout our marriage.. He was physically and emotionally abusive to my children and I and he also admitted to only marrying me for his documents, But stayed with me all these years because he made the mistake of having... View More

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

If you and he had children together, the chances that he would be deported for a fraudulent marriage are probably close to zero.

1 Answer | Asked in Immigration Law for Arizona on
Q: ICE came to our house in search of a former friend living there, they searched the house and didn't find anything.

Instead of detaining him, they started asking my parents questions about their immigration status, they took photographs and took their fingerprints on a device and said "everything looks good" they have no felonies or misdemeanors, they weren't detained, but given a paper, for an... View More

Carl Shusterman
Carl Shusterman
answered on Apr 27, 2018

What is the immigration status of your parents? If they are undocumented, they will probably be placed in removal proceedings before an Immigration Judge. If this is the case, they need to explore they options with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Arizona on
Q: My parents received a letter in which they had to leave the country in 30 Days, 1 week and half before my graduation.

I was wondering if there is anyway they are able to stay for as long as I graduate I am still underage until then, and Idon’t want to risk loosing everything my self.

Elisha F Svosve
Elisha F Svosve
answered on Apr 9, 2018

Your question can be only addressed after an in-depth consultation with an immigration attorney, I recommend your parents consult one. Good luck!

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