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New Mexico Immigration Law Questions & Answers
3 Answers | Asked in Family Law, Immigration Law and Civil Litigation for New Mexico on
Q: my girlfriend is pregnant and resides in USA with me but how do I go about her staying here

she has a b visa

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 30, 2024

If you are a US Citizen, you can marry her and she can concurrently file an adjustment of status with your immigrant petition so she can stay in the US.

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2 Answers | Asked in Immigration Law for New Mexico on
Q: Marriage licencing process and my fiancée is not in usa, how do I go about it
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2024

To get married in the USA while your fiancée is not currently in the country, you'll need to follow a specific process. First, check the requirements of the state where you plan to get married, as marriage laws vary by state. You'll typically need to apply for a marriage license... View More

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2 Answers | Asked in Immigration Law for New Mexico on
Q: I applied for a I-485 change of status, I didn't get my citation for biometrics via mail until 24 hours after

I got married to a USA citizen, applied for a change of status I-485, we moved to a new place and tried to do the change of address first thing, apparently it got rejected cause in the web site doesn't say about the new update, so we had to search in a different place to apply for that change... View More

James L. Arrasmith
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answered on Mar 16, 2024

In your situation, it's important to document every step you've taken so far, especially regarding the change of address and attempts to reschedule the biometrics appointment. Start by gathering evidence such as confirmation of address change, the late arrival of the biometrics notice,... View More

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1 Answer | Asked in Immigration Law for New Mexico on
Q: Hello, I am a Daca recipient and have read that I might be able to apply for a permanent green card if I came here legal
Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

Possibly, it would depend on whether you have a family member that can petition for you, for example a United States citizen spouse or U.S. citizen child over the age of 21. Or if you are under the age of 21, a U.S. citizen parent. You should discuss your case with an immigration attorney to find... View More

1 Answer | Asked in Business Law and Immigration Law for New Mexico on
Q: I am booking a musical artist from Canada on a tour date. They are asking to sign two contracts for visa reasons.

I run a LLC and we are currently in the process of booking a musical entertainer on one of there tour stops in the US. They are from Canada and have asked us to sign two separate contracts for two separate tour dates. They say they need both for visa reasons but both state that we would have to... View More

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 12, 2022

You need to have a clear contract with them for immigration purposes. The contract has to be an agreement between you and them. If you don't like the terms you should say so and renegotiate. When entertainers apply for the P visa, which allows them to come to the USA to perform, they must show... View More

1 Answer | Asked in Immigration Law and Tax Law for New Mexico on
Q: Non-citizen couple have SSNs by temporary work in US. Can they continue filing taxes from abroad without any US income?

A non-citizen (no green cards either) couple have 4 children born in US and parents have SSNs because both spouses had temporary work authorizations during their stay in the US. How can the couple claim their child tax credit when they are not in the US any more? A US based income or permanent... View More

Agnes Jury
Agnes Jury
answered on May 4, 2021

This is more of a question for a Certified Public Accountant than an Immigration attorney. Best wishes!

3 Answers | Asked in Military Law and Immigration Law for New Mexico on
Q: When a veteran is disabled and need help from some body who live in other country. What steps He has to do? Maritza .

My husband and I are disabled and live along in the house, He uses a walker and me a wheelchair, have been very difficult because we don't have family close and some times one of us falls at dawn in the night and we have to tried to help our self take long time but we do.

Patricia C. Wall-Santiago
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Patricia C. Wall-Santiago
answered on Mar 10, 2021

This is not my practice area, neither I am in New Mexico. But you should reach out to the New Mexico Aging and Long Term Services Department. https://www.nmaging.state.nm.us/our-services.aspx

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5 Answers | Asked in Immigration Law for New Mexico on
Q: Our church Pastor and his wife have been here over 30 year but do not have legal status. Can the church sponsor them

They do have 2 adult children born here too. He has been the pastor for 24 years

Adan Vega
Adan Vega
answered on Dec 10, 2020

If the pastor entered the U.S. lawfully and if one of his adult U.S. children is at least 21 years, then the pastor can file for adjustment of status with USCIS.

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2 Answers | Asked in Immigration Law for New Mexico on
Q: I'm sponsoring my dad's green card application. He previously gave up his GC and doesn't have an I-407 copy--what to do?

My dad married my US-citizen mom and lived in the US for some time on a marriage-based green card. They then moved abroad, and one day in the 1970s he was made to give it up at the port of entry when visiting the US (because he no longer lived in the US). He has no copy of an I-407, which seems... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 3, 2020

The I-407 is to be submitted when a person VOLUNTARILY gives up his status. Based on your post he did not do so voluntarily. You do not need the form. Use his A# from his previous green card.

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1 Answer | Asked in Immigration Law for New Mexico on
Q: My mom and I are US citizens. I live in the US, she lives in Mexico. Who should sponsor my dad's green card application?

My mother (US-born) and father (Mexican national) met in the US in university but moved to Mexico in the 70s. For some time he had a green card through this marriage, but they found jobs in Mexico and stayed there. The GC was given up at a port of entry at some point in the 70s as well (they have... View More

Adan Vega
Adan Vega
answered on Jul 24, 2020

Either you or your mother can file the FORM I-130 on behalf of your father. However, your father may have an easier path to the immigrant visa if you file the relative petition. As the petitioner of the relative petition you will need to file the FORM I-864 with your latest federal tax return once... View More

1 Answer | Asked in Immigration Law for New Mexico on
Q: Need help with Marriage based visa

Hi, I’m a US citizen and fiancé is not.He lived in the US for 2 years and had filed for asylum and before he got the interview the leader in his country was removed from power and situation had normalized so he went back a few months later.He did not do was notifying the USCIS that he was... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 15, 2020

The general rule is that a bona fide asylum applicant does not accrue unlawful presence while his application is pending. There’s exceptions to this rule so more info is needed. Discuss with counsel anywhere in the USA.

1 Answer | Asked in Civil Rights and Immigration Law for New Mexico on
Q: if a permanent resident has battery against a house hold member. Do they get deported?

This the first offense . I have done nothing.

Kevin L Dixler
Kevin L Dixler
answered on Oct 3, 2019

If you pled guilty or nolo contendre, then you accepted guilt. That means that DHS considers that you did it. You don’t have to

do a day in jail.

The next issue is the sentence and the criminal statute upon which you were convicted. Also, whether there are other issues that have...
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2 Answers | Asked in Immigration Law for New Mexico on
Q: Should I apply for naturalization if my mom is applying already when i am under 18 on the application date.

I and my mom are having green card and she would be applying for naturalization in April 2019 and I would be turning 18 in May 2019. Do I have to apply for a separate N-400 form in June i.e. right after I turn 18 or is there a different process in my case to become naturalized or am i eligible for... View More

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 8, 2019

If your mom becomes a naturalized citizen before you turn 18, you will likely derive citizenship from her and would file an N-600. However, if her application is still pending when you turn 18, you will not be eligible for derived citizenship and would need to file your own N-400.

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1 Answer | Asked in Immigration Law for New Mexico on
Q: Abandoned teenager, came on a tourist visa. Dad never came back for her. Mom was killed. What option do I have

She has been going to High school the past 5 months. She is 17 want to help her be able to stay in the USA. Her mother was found dead hacked to pieces last year, that's why her Father brought her to be with us, since she was my daughter's friend. He said he would return in a couple of... View More

Juan V. Cervantes
Juan V. Cervantes
answered on Apr 8, 2018

This sounds like a very sad situation. It sounds like she may eligible for SIJS. Please seek legal assistance immediately as SIJS is a cumbersome process with multiple steps.

1 Answer | Asked in Immigration Law for New Mexico on
Q: My i751 was never filed and I am now a TR. What do I need to do to resolve my immigration status now?
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Dec 21, 2017

The I-751 must be filed jointly by the conditional resident and the spouse through whom residence was acquired no more than 90 days prior to the card’s expiration date. There are some exceptions to this. If the marriage ended due to divorce, death, or if there is DV, then the 2-year requirement... View More

1 Answer | Asked in Immigration Law for New Mexico on
Q: I am on six months period after applying for my OPT extension recently I received approval for I-140 what should I do
Roger Carl Algase
Roger Carl Algase
answered on Jun 10, 2017

For someone who has an approved I-140 and is in the US with a legal visa and a current priority date, the next step is usually to file an I-485 Adjustment of Status green card application.

1 Answer | Asked in Immigration Law for New Mexico on
Q: my recently renewed passport has NO entrance stamp. going back to Europe after 30 years. should I worry?

came in on a tourist visa. never left. renewed my passport a few months ago. of course it has no entry stamp into the US.

is this going to be a problem when I try to leave? I have a 1 way ticket and will not be coming back... thanks you...

thanks for the answer...

just... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 4, 2017

There is no problem with your leaving the USA.

1 Answer | Asked in Immigration Law and Child Custody for New Mexico on
Q: My ex is from mexico no social or state id and is trying to take my girls from me can she do that w/o being a us citizen
Kyndra L Mulder
Kyndra L Mulder
answered on Mar 26, 2017

Immigration status has no bearing on parental rights. She can however be ordered not to take the children out of the state and specially the country. I suggest you contact a family law attorney.

1 Answer | Asked in Immigration Law for New Mexico on
Q: Is it legal for an office to deny you're entry to the US for no specific reason?

Hello, My grandmother is from Mexico and she tends to visit us twice a year... she has a visa but she has had problems with an immigrant officer every single time she comes to the US, she has been denied entry to the US now twice. The last time she was granted permission to come to the US was for 6... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jan 24, 2017

A visa does not grant a person entrance into the USA. A visa only gives a person the right to approach the border and request admission. A Boarder Patrol Officer has the authority to grant or deny admission and determine the period of time a person may remain in the USA without incurring unlawful... View More

1 Answer | Asked in Immigration Law for New Mexico on
Q: is t legal to be questioned by immigration officials in a language that is not your native language?
Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Feb 27, 2016

Need more specific facts to answer this question

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