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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Georgia on
Q: I would like to petition for my mother to come to the U.S.

I am a naturalize citizen. I am on food stamp and medicaid and I am also going to college and receiving financial aid. Will any of those things be a problem for me? I know the USCIS website said the medicaid and food stamp won't but I'm not sure if the financial aid will be a problem. My... Read more »

Agnes Jury
Agnes Jury answered on Jan 19, 2022

As long as your husband meets the income requirements for a joint sponsor then your situation will not negatively affect your petition for your mom. Best wishes!

1 Answer | Asked in Immigration Law for Louisiana on
Q: I751 waiver pending for 9 years n400 scheduled for testing and interview?

I got married in 2010 and I had my 2 years gc in 2011. Filled i751 in 2013 and got divorced (after a year) in 2014. My case was pending over 3 years then I recieved a letter from uscis for more proof of my marriage. I sent them everything I had I added my divorced letter.

They switched my... Read more »

Agnes Jury
Agnes Jury answered on Jan 19, 2022

Check out this video from USCIS as to naturalization: https://www.uscis.gov/citizenship/learn-about-citizenship/the-naturalization-interview-and-test

Your citizenship interview will also include questions about your I-751 application.

Best wishes!

1 Answer | Asked in Immigration Law for Missouri on
Q: Can my wife visit me in the US, she has VWP, I am a US citizen, we are not intending to stay in the US.
Agnes Jury
Agnes Jury answered on Jan 19, 2022

Yes. She should be ready to prove to the border patrol officer that her visit to the US is only temporary and that she intends to return to her home country because she has strong ties there (ex: job, family, real estate, financial obligations, etc). Best wishes!

2 Answers | Asked in Immigration Law for Massachusetts on
Q: My sister i-130 priority date is 10/18/2011. Can a lawyer help to find out the case status? Thank you!
Giselle M. Rodriguez
Giselle M. Rodriguez answered on Jan 19, 2022

Hi - thank you for your question. The case status would depend on who petitioned for your sister and the country.

The below links might be helpful for you:

1. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-january-2022.html...
Read more »

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3 Answers | Asked in Immigration Law for Oregon on
Q: What forms are needed for a spouse to stay in the country legally?

My husband is from the UK here on a tourist visa. What forms do I need to fill out so he can stay??

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 18, 2022

No attorney will guide anyone remotely by way of a remote paragraph to handle such a complex issue as an adjustment of status for an immediate foreign national family member without any review and knowledge of the matter.

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1 Answer | Asked in Immigration Law for Oregon on
Q: Filling out visa documents, what point does my UK husband not have to worry about overstaying his tourist visa?

We have filled out forms I-130, I-130a, I-485, I-864, I-765.

Nareshwar Singh Virdi
Nareshwar Singh Virdi answered on Jan 18, 2022

As soon as USCIS issues a file #, your husband becomes a C-9 beneficiary. He can be present in the US until USCIS adjudicates the I-485. There are 2 final outcomes: Either the application is approved and he receives the green card. Or if it is denied, he could leave the country or appeal.

1 Answer | Asked in Immigration Law on
Q: How early before start date can I enter on TN Visa

Can I enter 12 days before?

Nareshwar Singh Virdi
Nareshwar Singh Virdi answered on Jan 18, 2022

Yes you may. Up to 14 days before.

Disclaimer:

This response does not constitute as any legal advise. This communication does not establish attorney-client relationship of any nature whatsoever.

1 Answer | Asked in Immigration Law on
Q: Can I visit us as B2 while waiting to start a job on TN

Hello,

I am a Canadian citizen and have a job offer with a US company that starts in 1 month and I will be working on a TN visa.

I am currently in Canada, can I go visit my sister who lives in the US. I will be on a B2 for a bit while I wait for my job start date in about a month.... Read more »

Agnes Jury
Agnes Jury answered on Jan 18, 2022

When entering the United States with a TN visa, the visa holder must have “nonimmigrant intent.” This is the same as with entering as a tourist so these two visas are not contradictory. As such, you should have no problem entering the US with tourist intent but IF ASKED you should be honest... Read more »

2 Answers | Asked in Immigration Law for Nevada on
Q: wife was here on a permanent resident Visa her visa expired last year

need to file form i-130 and they form 485 is there any other things that we need to file such as an Affidavit of Support

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jan 17, 2022

Using the information you provided, if your wife is a permanent resident that is also known as a green card holder. The next step could be for her have her conditions removed, with you filing what is called jointly. The documents would include the I -751 application to remove conditions and... Read more »

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2 Answers | Asked in Criminal Law, Immigration Law and Federal Crimes for Texas on
Q: I recently was charged for human “smuggling” in Texas passing the checkpoint in Zavala County, Texas. Please help

I don’t consider this to be smuggling since I didn’t gain no money and I didn’t cross anyone over the border the illegal aliens were already in Texas I just had to pick them up. And now I got a charge for this and pending court date.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 17, 2022

It is irrelevant whether you received any payment for your activities or whether the foreign nationals were in the United States: these are not the requisite elements of the current criminal charge you are facing, witch has a possibility of a prison sentence upon conviction.

You must...
Read more »

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2 Answers | Asked in Immigration Law for Colorado on
Q: I want to travel to miami but I’m undocumented
Agnes Jury
Agnes Jury answered on Jan 17, 2022

See here for good information: https://immigrantsrising.org/resource/guide-for-undocumented-individuals-traveling-in-the-u-s/

Best wishes!

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0 Answers | Asked in Immigration Law for New York on
Q: Can someone transfer H1B without paystubs? What determines to jeopardize H1-B if they report it to the immigration?

They have started to work for my sponsor (company A) in the last couple of months of my OPT, December 2019. Their OPT was valid until July 2020. The sponsor applied to H1-B as a marketing analyst, which they didn't find out until right before the visa interview in Jan 2022. H1-b was approved... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: My wife and I did not live together for 5 months for work reasons. Would this affect the marital union timeline? 3 yrs

I am a US Citizen. My wife is on a temporary green card holder. My wife completed school recently. I worked in another state during this time, 5 months. Her and I would like to apply for her citizenship after 3 years, however it sounds like we needed to live together for 3 years. Would this... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 16, 2022

The rule is "spouse must have been living in marital union with his or her citizen spouse for at least 3 years at the time of the examination on the application, and not at the time of filing". The exact nature of what it means is determined based on the exact circumstances. I suggest you... Read more »

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1 Answer | Asked in Immigration Law on
Q: What is the best way to speed up an I-30 immigrant visa application in 2022?

The application has not been made yet

Agnes Jury
Agnes Jury answered on Jan 17, 2022

If you mean I-130, there is no way to speed it up. Best wishes!

1 Answer | Asked in Immigration Law for Texas on
Q: Im alien and my wife has a green card. Can I get green card while she has residence? Should I wait till her citizenship?

My wife has a green card. Im interesting if im alien is any way to get residence or I have to wait untill her citizenship? If so, is it true that I can apply for residence in the same time when she will apply for citezenship? Thank you

Kevin L Dixler
Kevin L Dixler answered on Jan 16, 2022

More information is needed. Are you in valid non-immigrant visa status? Or have you fallen out of status or has your stay expired?

There are also other issues that can complicate matters. I strongly recommend an appointment or teleconference with a competent and experienced immigration...
Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Hello, im alien, gonna merry my supouse and she did not fill taxes for last 17 years, can I still get green card?
Adan Vega
Adan Vega answered on Jan 16, 2022

If your future spouse is a U.S.citizen or U.S. lawful permanent resident, the FORM I-130 can be filed with USCIS by your spouse once you marry.

You can also file the FORM I-485 if your spouse is a U.S. citizen and you lawfully entered the U.S. and if you are otherwise not inadmissible....
Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Green Card through Parent? How do I go about this?

Hello,

I am a DACA recipient and an adult (21+) child of a Green Card holder.

What's the most efficient and low-cost way for me to get permanent residence?

I have read about the forms I-130 or I-485, but I am not sure which one I would apply to first, etc. I also... Read more »

Ana S. Mendieta
Ana S. Mendieta answered on Jan 16, 2022

Dear DACA recipient,

May I firstly assume you are an 'unmarried' son or daughter of a Permanent Resident.

For purposes of definitions, you are not a child; you are a son or daughter, because you are 21 years old or older.

You are a DACA recipient, meaning you...
Read more »

1 Answer | Asked in Divorce and Immigration Law for California on
Q: If I marry a man whom has dept bills from his previous marriage, divorced in 2012 can those collection agencies,

Come after property that's in my name?

Kevin L Dixler
Kevin L Dixler answered on Jan 15, 2022

This is a collection and marriage based question that has less to do with immigration unless he will petition you and you may need a joint sponsor.

It will depend upon your State’s credit card laws concerning debt.

2 Answers | Asked in Divorce and Immigration Law on
Q: If a husband commits a crime, and the wife wasn't involved but still gets affected by it, why is that?

My mother and father seem to be in a hassle at the moment, my father committed a crime for trying to cross drugs and got sentenced to jail for about 8 months. At the time my mother was responsible for us but was not involved in anything that my father had done, she was taking care of us. However,... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 14, 2022

You hit the nail on the head: if a family member was deeded an accomplice of a criminal enterprise that may result in

civil and criminal penalties.

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2 Answers | Asked in Divorce and Immigration Law on
Q: If a husband commits a crime, and the wife wasn't involved but still gets affected by it, why is that?

My mother and father seem to be in a hassle at the moment, my father committed a crime for trying to cross drugs and got sentenced to jail for about 8 months. At the time my mother was responsible for us but was not involved in anything that my father had done, she was taking care of us. However,... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 16, 2022

Knowledge is not required. It’s strict liability, which means that if it’s true, then you and your mom, among others, are inadmissible as the immediate family member of a drug trafficker. The visa should be revoked as a matter of law. Congress passed this law. Only Congress can repeal it. This... Read more »

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