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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Florida on
Q: I met a guy 5 months he came from cuba with an i220 second line, we wanted to stay together and get married but we had

Been told that if we get married he will be Denied the papers or he will be affected in many ways please will you give the correct advise

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Sep 30, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate all of the facts to determine what may be the best course of action. Whether, for example, he was "paroled" can dictate what options may be available, including, e.g., adjustment of... Read more »

1 Answer | Asked in Immigration Law and Traffic Tickets for Illinois on
Q: My ceremony is in 4 weeks. Should I answer "Yes" or "No" on question 4 on the Notice of Oath Ceremony (form N445)?

Q4 on form N445 says:

"Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?"

Facts:

- I got a $164 traffic ticket three weeks before the... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 30, 2022

I recommend doing the following:

Obtain a court certified traffic citation disposition from the clerk of the county court where the matter was adjudicated (completed). Disclose that traffic citation and attach a copy of the certified court disposition with all conditions met (fine paid) on...
Read more »

0 Answers | Asked in Immigration Law for New York on
Q: Am i eligible for CSPA? If yes, can i start my process now or do i have to wait for my fathers immigrant visa to issued?

My fathers I-140 priority date was October 13 2005 and it got approved on july 6 2006 for EB3 visa (skilled worker or professional) and he included his sons name in it. (My name)

But Unfortunately he had to come back to india in 2010 and the interview was yet to be scheduled and the visa... Read more »

0 Answers | Asked in Immigration Law for Missouri on
Q: Hi, can I have two separate I130 forms for one person?

Hi,

I'm a US citizen and applied for immigration visa for my mom back in February 2020. Due to a mistake in the application we received two RFEs in the past 28 months and case is still pending with USCIS. All the requests even the congress man request is exhausted now.

Can I... Read more »

0 Answers | Asked in Immigration Law for Massachusetts on
Q: Can I do an unpaid research fellowship under H4 (No EAD)?

I intend to pursue a research fellowship at a nearby university. The position is unpaid and they usually sponsor a candidate for J-1 visa if chosen. I already am here on an H4 visa(No EAD). So my question is since the position is unpaid, can I do it under H4 visa? If not, then do I need to file a... Read more »

0 Answers | Asked in Immigration Law for Kansas on
Q: I am really confused. I don't know whether my visa is revoked or I am still in status. I can still see my I-94 record.

My employer received an NOIR on my initial petition as my employer/attorney filed an LCA with generic responsibilities. We immediately submitted the documentation in Aug, 2022.

As of now, I see two statuses on Case Tracker.

Sept 21 - Revocation notice was sent

Sept 21 -... Read more »

2 Answers | Asked in Immigration Law on
Q: When before the wedding should I enter the US with the ESTA Visa if the K1Visa isn't an option because it takes too long

He is an American citizen and I'm Italian living in Germany. We've been together for 5 years and have been engaged since 2020. I've entered the US with the ESTA Visa a couple of times (almost every year since 2017) and my fiancé visited me in Germany a couple of times. We've... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 28, 2022

Marrying within 90 days on ESTA may be viewed as improper. It would be prudent to marry 90 days after one's entry. Also, that route would be much more expedient in terms of case processing.

However, it goes without saying that a case like that requires a competent immigration attorney...
Read more »

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0 Answers | Asked in Family Law and Immigration Law for Rhode Island on
Q: At what age do children have the right to not live with their parents, if another family member is willing to take them?

Can a mother, who is not a U.S. citizen, be legally prevented from moving her children, who are U.S. citizens, to Mexico against the wishes of the children? The children are 13 and 16 years old.

0 Answers | Asked in Immigration Law for Tennessee on
Q: how can expedite my case in NVC for my family members to get the visa as I am asylee granted and got my green card.

I am an asylee from Syria. I applied for relative petitions for my kids and wife and got the approve . now my case is NVC. how can I expedite this process to get the visa for them . I live in Tennessee. Also, I got my green card recently. The whole process took very long time as I applied for... Read more »

0 Answers | Asked in Immigration Law for Hawaii on
Q: can't get a visa for my wife to return to the uSA

She is from and in the Philippines

1 Answer | Asked in Divorce and Immigration Law for Hawaii on
Q: My wife can't get a visa from the state department to return to me/USA. She is in the Philippines we need help advise,

We were married in Hawaii, she went back to her home and got stuck in the Philippines because of covid. Her visa was denied probably because I don't make enough money. I am on SSI. This has been a two year process and we only hear from visa agencies that we need to pay them a $1000.00 to get... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 27, 2022

If you are married to her, then you can apply for a spousal visa. If you do not make enough money to financially sponsor her, then you can enlist the aid of a joint financial sponsor. This can be anybody who is a green card holder or a US citizen state side, and if they make enough money, then your... Read more »

0 Answers | Asked in Immigration Law for New York on
Q: How long will NVC take to cancel my petition? How will I know they have canceled it?

I sent them a signed letter using public inquiry form that I want to withdraw my petition because I got divorce from my spouce. I also included our divorce certificate. On August 5 they replied saying "this petition is currently undergoing necessary administrative processing. We Will notify... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: My wife & filed I130. Her b2 expired while waiting for the receipt of notice. Do we now need to file I485 supplement a?

We had to file I-130 separate from I-485. We now have the I-130 receipt of notice and all other supporting documentation. However, in that time, her b-2 expired. Do we need to file I-485 supplement a along with the I-485? Or are we exempt as this is a spousal sponsorship?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Sep 28, 2022

If you, the petitioner, are a U.S. Citizen, then your spouse's B-2 overstay in and of itself is not a disqualifier for adjustment of status purposes. She would not need to file supplement A. Consider, however, scheduling a consultation with a competent and experienced immigration attorney... Read more »

0 Answers | Asked in Immigration Law for North Carolina on
Q: Can i do adjustment of status with a new sponsor due to family conferms with the sponsor from the fiancee visa( 129F) ?

- Family concerns, relation broken.

- me and my wife got married

- adjustmen of status have been reviewed and they asked for additionak information. We used another family member as joint sponsor but they said i had to Includ the affidativ of support also from the petioning... Read more »

0 Answers | Asked in Immigration Law for Georgia on
Q: How long can I be outside of the US on a J-1 visa?

I’m studying abroad in the US on a J-1 visa. How long can I spend abroad? Spring semester will be my last semester here and I will be taking 2 in person classes which attendance isnt mandatory and 2 online courses.

If I leave back to my home country for 29 days, come take the exam. Go... Read more »

0 Answers | Asked in Immigration Law on
Q: Can I stay in different city from what is mentioned in LCA for H1B visa?

I have a H1B visa. My location in LCA is Texas. But I would like to stay with my husband in Arkansas as he is doing his job there. Can I stay with him? My client office is not open, we are working remotely.

0 Answers | Asked in Immigration Law for California on
Q: If I am on H1b and apply for residency in USA as an IMG how soon can I start GC process and How soon can i get my GC

I have an H1B working for a hospital as an business analyst and have a medical degree from my home country . I have done all my steps for USMLE , I guess my question would be if i get selected for a residency spot as an IMG(international medical graduate ).

1) would the hospital accept my... Read more »

0 Answers | Asked in Immigration Law for Illinois on
Q: How long will take for my applications to get approved?

I got married to US citizen and received my 2 year green card. Then they extended my two year green card for 24 months. I also just applied for N400 citizenship while my I751 case is pending. I’ve been married for 4 years now. How long will it take more for my i751 case or N400 case to be... Read more »

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