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Minnesota Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Minnesota on
Q: If I live in America but born in a different country, and have the green card,would my spouse also have the greencard?

We would be living in my country, we wouldn’t be living in the United States. Would he also get a greencard because I have it ? And could he go behind my back and apply for it and take it ?

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

No, your spouse would not also have a "green card". These are issued to the individual, and your spouse would need to apply for his own "green card".

1 Answer | Asked in Immigration Law for Minnesota on
Q: Form - I-765 EAD Application question.

Hi, I am applying for my EAD renewal. and am stuck at a question about I94 in form I-765.

Under - "Information About your last arrival in the United States"

Question 21.a - Form I94 Arrival/Departure record #

My last arrival in USA was back in 2014.

The... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Jul 30, 2018

They are asking for arrival information; therefore, you need to put the number from the I-94 on which you last entered the US.

3 Answers | Asked in Criminal Law and Immigration Law for Minnesota on
Q: what are the chances of release on his own ... cant think of the word if he has the 911 interupt call and asult?

what are the chances of the judge letting him go on the 17th with these charges even if he isnt legal?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 16, 2018

That is all dependent upon his criminal history. I have represented many clients who were undocumented who were released without bail. However, he could continue to remain in custody if there is an immigration hold that prohibits his release.

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1 Answer | Asked in Domestic Violence and Immigration Law for Minnesota on
Q: my friend was arrested for probable cause hang up 911 but was calledout on a domestic and they had no proof of asult?

he is not legal do i need a lawyer he was taken for the 911 call not domestic his first apperance is july 17th and me and his mother need to no will they take him and deport him?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 16, 2018

The interference with a 911 call is a gross misdemeanor offense. He will need an attorney on that and likely will need an attorney to handle the immigration issue as well. He should not handle these on his own.

1 Answer | Asked in Immigration Law for Minnesota on
Q: can reviewing already filled immigration petition forms be done under free consultation by a lawyer?

I have followed the instructions on USCIS website, I have filled forms I-130,I-130A,I-485,I-864 and I-765 and gathered all the required documents. I am tired of lawyers telling me stuff I can get on USCIS website and other sites and calling it free consultation. I need a free legal immigration... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Jul 3, 2018

There is some liability for an attorney to even review forms they’ve not completed; if something goes wrong, they could be held liable. It is thus unlikely that anyone would be willing to review them for free. You might try a non-profit agency that works with refugees and immigrants.

1 Answer | Asked in Immigration Law for Minnesota on
Q: The 1-94 will expired June 21Th can I send the I-130 before I-485. the reason is that the I-693 is not ready until July3

can I send I -130 and I-485 separated for my mother the reason the I-693 will be ready July 3rd everything is ready other than the formI-693

Carl Shusterman
Carl Shusterman
answered on Jun 20, 2018

The I-193 is an application for waiver of passport and/or visa. It is to be used by a person who is a legal resident of the United States, to re-enter the United States without the person's passport and/or visa.

If your mother is not currently in the US, you can file an I-130 on her...
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1 Answer | Asked in Immigration Law for Minnesota on
Q: mistake in I-130

I filled out wrong that my daughter would adjust out of country but we want to do in USA but it was sent to NVC, how do I let them know she wants to adjust here her I-130 was approved and immediate visa is available (family )

Carl Shusterman
Carl Shusterman
answered on Jun 3, 2018

If she is eligible, she can file an I-485 adjustment of status application in the US.

1 Answer | Asked in Immigration Law for Minnesota on
Q: What is a quicker process marrying outside the United States then getting a husband visa or getting a fiancee visa?

The gentleman I'm wishing to marry is from Gambia but has been living in Rome Italy for almost 4 years. He has tired for Italian citzenship but without luck. I'm trying to see what is the quicker route for marriage. I have just recently divorced. I have visited him in Rome.

Carl Shusterman
Carl Shusterman
answered on May 16, 2018

Usually, it is a bit faster to get a fiancee visa than it is to get a green card through marriage.

1 Answer | Asked in Employment Law and Immigration Law for Minnesota on
Q: Is it legal to have an additional source of income while on J-1 clinical visa?

Individuals pursuing medical residency training on J-1 clinical visa can only have one employer as listed on their DS 2019. However, it is unclear if they may earn an additional income via sources such as rent/airbnb, property investment, uber etc in the US. Obviously, the taxes would have to be... View More

Carl Shusterman
Carl Shusterman
answered on May 5, 2018

In the 9th Circuit which is on the West Coast, this would not be a problem due to a decision called Bhakta v. INS. However, I don't believe that Courts in the MidWest have ruled on this question.

1 Answer | Asked in Immigration Law for Minnesota on
Q: I have a job offer in the USA and applying for the EB-3. There is a backlog for my country (Philippines) what can I do?

Is there anyway that I can speed up the process?

Is there a period of time once passed that would enable it to processed quicker?

Would I be eligable for the EB-2? I have a BSN and over 10 years of experience practice in various settings.

Hector E. Quiroga
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Hector E. Quiroga
answered on Feb 25, 2018

You need to wait for a visa to become available. It’s not long. If someone filed a petition now it would be about a 2-year wait. If your petition was filed before May 1, 2016, your petition might be current.

If a BSN is a Bachelor of Science in Nursing, then probably you can’t get an...
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1 Answer | Asked in Immigration Law for Minnesota on
Q: Hi. I am on F1 visa now and have been in US for 4 years. I want to apply for an asylum. What are my chances?

I have a fear of returning back to my country. And want to apply for an asylum. How high are my chances? And I will be graduating this year and if I apply for an asylum and have a pending case, will I be able to get OPT? Thanks in advance.

Edit: I have a fear of returning based on my faith.... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Feb 20, 2018

That is hard to say without knowing the details of your case and why you fear returning.

Also, an asylum application is supposed to be filed within a year of arrival in the US in most cases.

An asylum application should not affect your chance of getting OPT.

1 Answer | Asked in Immigration Law for Minnesota on
Q: I’m a green card holder and my husband is a US citizen. I believe my parents might be refugees, how do I get them here?

I’m a green card holder and my husband a US citizen. My parents live in South Africa and I believe their in danger. The blacks are slaughtering the whites and it’s getting worse by the day with the president being fired now they’re killing more and more white people. I’m my parents only... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Feb 13, 2018

You can file immigrant visa petitions for them once you are a citizen. They can also try to come to the United States on tourist visas and apply for asylum. If South Africa is a commonwealth country, they might have better luck seeking assistance in another commonwealth country.

1 Answer | Asked in Immigration Law for Minnesota on
Q: What type of visa can my husband apply for to ensure travel permission to the US plus the ability to live abroad?

My husband is Ukrainian, and we presently live in Ukraine. We are looking at visas for him so that he can meet my family and in the future be able to travel to the US with me and our potential children

We applied and were denied B1/B2 tourist visa, probably because the Embassy assumes that... View More

Carl Shusterman
Carl Shusterman
answered on Apr 30, 2018

You are correct. He needs a B-2 tourist visa. He needs to reapply and demonstrate that he has no intent to immigrate to the US.

1 Answer | Asked in Immigration Law for Minnesota on
Q: my husband and I have been married for almost two years. He applied for green card and had interview for it in may.

We just got call last night saying we were needed for second interview in 10 days. If I do not show, what does that mean for him? And what does a second interview entitle? Thank you

Carl Shusterman
Carl Shusterman
answered on Apr 26, 2018

If you fail to appear at the interview, your petition for him could be denied, and he could be placed under removal proceedings before an Immigration Judge.

1 Answer | Asked in Immigration Law, Federal Crimes and International Law for Minnesota on
Q: Can I still get a passport to travel outside of US, since I am no longer under probation?

I have served time in the work house for 2 and a half months in the state of MN. My probation ended in Jan 17, 2017 and was wondering if I can get a passport and travel outside say, the Philippines?

Carl Shusterman
Carl Shusterman
answered on Apr 26, 2018

If you are a US citizen, you should be able to get a passport to travel abroad.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Can I still get a passport to travel outside of US, since I am no longer under probation?

I have served time in the work house for 2 and a half months in the state of MN. My probation ended in Jan 17, 2017 and was wondering if I can get a passport and travel outside say, the Philippines?

Carl Shusterman
Carl Shusterman
answered on Apr 26, 2018

If you are a US citizen, you should be able to get a passport to travel abroad.

1 Answer | Asked in Immigration Law for Minnesota on
Q: I've heard that you can't travel to the US 3 months before your visa expires. Is that true?

H1B visa - I've heard that you can't travel to the US 3 months before your visa expires. Is that true?My visa expires on 19 June 2018.I am planning india trip around March 2018 and come back to US on First week of April 2018 then I will file the extension.So I will have only 2 month valid... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2018

No, you can travel to the US as long as your visa has not expired.

1 Answer | Asked in Immigration Law for Minnesota on
Q: if i was brought to America by my aunt as her son, can i bring my parents and family to America?

i was brought to America when i was nine years old by my aunt from refugee camp in Kenya by my uncle's wife. my family and my parents are still in kenya and i want to bring them to America. what can i do?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Dec 6, 2017

If you are a citizen, you can file immigrant visa petitions for them. Your parents’ cases will be approved relatively quickly, though any petitions filed for brothers and sisters will take longer. We recommend that you consult with an attorney regarding your particular case.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Spouse got perm. res. 7/17. Will leave in 2 wks for a 6+ months job abroad. Enough time to file 1131? Other options?

Applied to adjust status 5/2016 as spouse of U.S. citizen. Approved 7/2017. Been abroad 2 months doing a job, coming back for 1 week, then leaving again for next job in Bahamas. Will last 6+ months. He may continue working abroad or maybe not. We don't want to lose his papers, if we can avoid... View More

Carl Shusterman
Carl Shusterman
answered on Apr 30, 2018

He can apply for a Re-Entry Permit.

If you are a U.S. lawful permanent resident (green card holder), and you need to spend a year or more outside the United States, you would be wise to get a travel document called a "reentry permit" for your return.

Although you are...
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1 Answer | Asked in Immigration Law for Minnesota on
Q: Can I keep getting US salary while working from India as waiting for new petition approval as current h1b got denied

My I94 expired and H1b extension denied 22nd Nov. Got new project in between n employer filing new petition on 4th Dec.Can I re-start working here ones get new receipt next week for new petition. I will be steping outside soon in next 2 weeks , for stamping if my new petition gets approved.In mean... View More

Edit Stelczner
PREMIUM
Edit Stelczner
answered on Dec 2, 2017

You definitely need to address your questions to the company’s counsel as he or she is familiar with your specific circumstances and will ultimately bear responsibility over the petition filed on your behalf.

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