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Ohio Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Ohio on
Q: i had married two years ago abroad to a non US citizen, now I’m applying citizenship what is my marital situation?
Kyndra L Mulder
Kyndra L Mulder
answered on Dec 7, 2017

Don't understand the question. Your marital situation is that you are married.

1 Answer | Asked in Adoption and Immigration Law for Ohio on
Q: I am a F1 student visa on my first year 19 years old. Would I get any benefits if a US citizen adopted me at this age?
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Nov 3, 2017

No. For immigration purposes, the adoption has to take place before the adoptee turns 16.

2 Answers | Asked in Immigration Law for Ohio on
Q: I entered the U.S on the v.w.p and have married a U.S citizen who is pregnant can i remain to provide for my family
Myron Morales
Myron Morales
answered on Oct 18, 2017

Once you have been in the U.S. for 90 days, you will need to file an adjustment of status petition. You will get a work permit while the application is pending and you can remain in the U.S. until a final decision is made.

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3 Answers | Asked in Immigration Law for Ohio on
Q: Can I still extend my stay in the USA now, even though I was expected to fly back by October 1st?

I have a B1/B2 visa, that is valid until March 2020. I am currently in the USA, and this is my sixth month here. My visa also has been stamped with a date that expects me to fly back to my homeland. It says October 1st. It is October 17th now, and I am thinking of extending my stay for another 6... View More

Yanky Perelmuter
Yanky Perelmuter
answered on Oct 18, 2017

At this point your application to extend your status will not be timely and therefore not filed correctly. It is too late to extend your status, you will have to exit the United States.

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1 Answer | Asked in Immigration Law for Ohio on
Q: Hello, do I need to file the I-751 form separately if I am a conditional resident based on a K-2 visa (I am over 21)?

By separately I mean separately from my mother. She is a K-1 visa conditional resident, and we need to adjust our status now.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 10, 2017

If you acquired conditional residence on the same day or within 90 days of your mother, you can be included on the same I-751.

2 Answers | Asked in Immigration Law for Ohio on
Q: I am wanting to get married to a non- US citizen in Seychelles. How do I go from there to get him here to US?

Are there sponsorship fees? If so, how much?

How long after wedding will it take for him to get here to stay?

Matthew Williams
Matthew Williams
answered on Oct 3, 2017

The quickest route (and it isn't quick 6-12 months for approval) is to file a petition for a K (finance) visa, bring him here, and get married here. After you are married, he can apply to adjust his status to LPR (green card) and is permitted to remain in the country while that adjustment is... View More

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1 Answer | Asked in Immigration Law for Ohio on
Q: Can I apply for a PhD program during F-1 OPT, while my employer plans to sponsor H1B visa?

I will only have one shot at H1B due to a non-stem masters. Is it okay if I also apply to another academic program while my employer files my H1 visa? Just so that if it does not the lottery, I have an option to pursue. Also, do I have to get a new student visa if I were to join a PhD program?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 26, 2017

Thank you for your question.

The answer to your first question is yes. In response to your second question, you will need to get a new I-20 and pay the SEVIS fee again. You might need to extend your authorized stay, too, depending on your circumstances.

The answer to your question...
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1 Answer | Asked in Divorce, Immigration Law and Domestic Violence for Ohio on
Q: Brother married in Thailand in 2016 - wife is from there - looking into disillusionment or divorce due to issues.

She came here this year around April, and since then things have gotten bad for them. Apparently, she has undisclosed mental health and medical issues that have put a major strain on their marriage. She has increasingly become violent towards my brother, despite him trying to help her. She has hit... View More

Joseph Jaap
Joseph Jaap
answered on Sep 5, 2017

He can either get a lawyer and terminate his marriage, as you have advised, or seek counseling on how to remain with a difficult spouse. He can use the Find a Lawyer tab to consult a local divorce attorney about his options.

2 Answers | Asked in Immigration Law for Ohio on
Q: Is it easier to renew an H1-B than to obtain one in the first place? I don't want to move to the US, only to have to

move home and lose my job a couple years down the road.

Richard T. Herman
Richard T. Herman
answered on Jul 22, 2017

Yes, renewing with a current employer is vastly easier than first obtaining an h1b visa. For starters, unless your new employer is exempt from the h1b quota, obtaining a new h1b is akin to a lottery. There are only 65000 new h1b (and 20000 additional for those with advanced degrees from us... View More

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1 Answer | Asked in Employment Law and Immigration Law for Ohio on
Q: What entrepreneurship options do I have as a current H-1B software developer?

I came to the US after graduation in 2014, and have been working as a software developer for 3 years. During this time I have grown both in technical prowess and personally about knowing my career needs. After working for this time as a full-time employee, I have realized that instead of working... View More

Roger Carl Algase
Roger Carl Algase
answered on Jun 25, 2017

Entrepreneur visas allowing you to be your own boss in America are not easy to come by and are subject to many restrictions. Depending on which country you are from and how long it would take to get a green card through labor certification, you might try looking for a company that would be willing... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: How long does it take to get an answer from USISC after applying for a visa status change from B1/B2 to F1? Applied Dic

I applied for my visa status change on December 9, 2016. On December 17, I got a letter from the Calofronia Service Center saying that they had received my paperwork on December 12 and that they would notify me when they had an answer. I haven't heard back from them since then. I was told... View More

Roger Carl Algase
Roger Carl Algase
answered on Jun 14, 2017

It can take up to a year. The USCIS California Service Center does not have a track record of being very helpful or cooperative in this kind of case. You may receive some questions about your intent and finances, and there may even be some made up, concocted, technical objections, such as I, and... View More

1 Answer | Asked in Family Law and Immigration Law for Ohio on
Q: What do I need to do to marry my fiance?

I hold dual citizenship, USA & Ireland. I've been living overseas for 10 years (I'm in the UK right now), but I want to return to the US and marry my fiance, who is an American citizen. Since I'm already a citizen, I don't need to do the visa dance, but are there any... View More

Kevin L Dixler
Kevin L Dixler
answered on May 16, 2017

Yes, the failure to file non-resident tax returns, perhaps. If you are a U. S. Citizen, you are obligated to file tax returns, even if you are paying the Irish Government. In addition, there may be other responsibilities and obligations that you overlooked. Some find lawsuits that have gone to... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: Hi after my naturalization interview the officer ask me to submit some certified documents from my convictions

I have a certified expungement and dismissal documents.

Are they the one the officer needs, if not please help me

Thank you

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 6, 2017

You need certified copies of the complete record(s) including the police/arrest report docket sheet final disposition sheet pleas agreement and if on probation completion of probation. Having a case expunged makes no difference for immigration purposes.

1 Answer | Asked in Immigration Law for Ohio on
Q: Syrian accepted at U of Toledo/business, start 8/17. Need F1. with visa suspension am I candidate for travel ban waiver?

I am from Syrian, accepted at University of Toled / bsuiness school, start August 2017. I need F1 visa. With the new excutive order, Am I a candidate for waiver for visa suspension? Given this will affect my education process and i will miss my school here?

How does the process to apply for... View More

Matthew Williams
Matthew Williams
answered on Mar 10, 2017

The specifics of your situation will be critical to this assessment. Also, this new order may be blocked by the courts as well. Here is what it says about waivers. How this will work in practice is entirely unknown as it has never been tried before. Your chances would be improved by the help of... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: US citizen to marry Canadian with international student visa. will this jeopardize her residency tuition?

Hello, I am a US citizen and resident of Ohio. My fiancé is Canadian and still resides in Canada. We are planning on marrying very soon, long term to live in Ohio, and she is in the process of transferring to an Ohio university as an international student on a study visa. She will have state... View More

Matthew Williams
Matthew Williams
answered on Mar 7, 2017

The residency question is best directed to the university. It isn't really a legal question. It is possible that her student VISA entitles her to in-state tuition without meeting the normal residency requirements, so she might have to live here for a period of time after she adjusts status to... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: How can I maintain legal status or get citizenship during divorce proceedings or after divorce?

I entered the US with a fiancé visa, and I married my fiancé shortly after arrival. We now have a son together, and I also have a green card. But each time we have the smallest argument, he threatens to divorce me and have me deported. I am scared to death to have to leave the country and lose... View More

Matthew Williams
Matthew Williams
answered on Mar 4, 2017

Have you been here more than two years? If so, you should have a full green card, not the provisional one, and would be permitted to stay in the country even if you divorce. If it has been less than two years, you will only be able to stay on your green card if one of the VAWA (violence against... View More

1 Answer | Asked in Immigration Law for Ohio on
Q: I am a Canadian Citizen in the U.S. since 1957 but lived in Germany for 8 years and am afraid of being deported!?

I came back to visit the U.S. each year but only got permission from the U.S. for the first 5 years I was in Germany because I thought I was going to stay there but came back to U.S. because of my husbands job. He is a U.S. citizen. I have a green card and now want to become a citizen but am... View More

Matthew Williams
Matthew Williams
answered on Feb 28, 2017

You may want to sit down and review your situation with an immigration attorney. What you described does not sound terribly alarming, even in today's climate. The fact that you have a green card and a US Citizen spouse should be enough to protect you. But, it doesn't hurt to be prepared.

1 Answer | Asked in Immigration Law for Ohio on
Q: Can illegal immigrants travel by plane inside the USA?
Matthew Williams
Matthew Williams
answered on Jan 31, 2017

If you have some form of legal ID, you should be able to fly domestically without much trouble. But, as long as you stay undocumented, you run the risk of being detained during any number of normal activities.

1 Answer | Asked in Immigration Law for Ohio on
Q: As a Canadian with a green card , will I have difficulty returning to the US from the Caribbean this month?
Matthew Williams
Matthew Williams
answered on Jan 31, 2017

You really shouldn't. But, most immigration lawyers are now advising anyone who is originally from one of the seven countries on Trump's list not to leave the country regardless of their current nationality.

1 Answer | Asked in Immigration Law for Ohio on
Q: Im 35 years old was brought here since i was 2 years old. my mom is a us citizen and put in petition for my green card

I had applied for my green card years ago before i was 21 but case was put on hold when i turned 21. i did have a ssn and a work permit. my question is I just got married to a us citizen he is a army veteran. would i have to still wait years for my green card? and will i have to start the process... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jan 30, 2017

Assuming your spouse is a USC and you entered the USCIS after being inspected you are immediately eligible to receive a green card if he sponsors you.

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