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Texas Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Texas on
Q: My father applied for residency. He received a letter of a intent to deny his application. Is he going to be deported?

They gave him a month to respond or fight the case. Is there a way to give my dad more time to fight it? is he going to be ordered to leave the country? The letter showed were he was interviewed and they asked him certain questions, my dad lied about his previous deportation. He said he was afraid... View More

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answered on Apr 17, 2024

I'm sorry to hear about your father's situation. Receiving an intent to deny his residency application must be very stressful for your family. While I can't provide legal advice, I can share some general information that may be helpful:

An intent to deny letter means USCIS is...
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1 Answer | Asked in Immigration Law for Texas on
Q: I am an Indian citizen and have AOS pending. Can I travel to Cancun for a vacation on Advance Parole and EAD combo card?

My combo card is valid till Aug 24, I have applied for a renewal. I do not have a valid US visa stamping on my passport. Do I need Mexico visa? Also, airline wants us to fill our passport and visa details. I see two option green card and us visa - where do you fill the AP info?

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answered on Apr 15, 2024

As an Indian citizen with a pending Adjustment of Status (AOS) application, you can travel to Cancun, Mexico using your valid Advance Parole (AP) and Employment Authorization Document (EAD) combo card. However, there are a few things to consider:

1. Mexico visa: As an Indian citizen, you...
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1 Answer | Asked in Immigration Law for Texas on
Q: "Was the beneficiary EVER in immigration proceedings?"

I am filling out the I-130 form, my wife entered with a WT visa and during her legal stay she requested political asylum, but she has not yet received any letter to go to court, should I answer yes or no?

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answered on Apr 13, 2024

Based on the information you provided, it appears that your wife has applied for political asylum but has not yet received a notice to appear in court for her asylum case. This means she is not currently in removal proceedings before an immigration judge.

However, since she has applied for...
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1 Answer | Asked in Immigration Law for Texas on
Q: Update ds-160 with different location after scheduling appointment in India

I initially filled DS-160 for NEW Delhi location in March 2024 and used same to create profile on appointments portal but scheduled an drop box appointment at Chennai location since all drop box appointments are available at Chennai location only now. I just filled new DS-160 with Chennai location... View More

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answered on Apr 7, 2024

Based on the information provided, it seems you have filled out a new DS-160 form with the Chennai location after initially submitting one for New Delhi and scheduling a drop box appointment in Chennai. However, you are having difficulty finding a way to update the DS-160 number in your profile on... View More

1 Answer | Asked in International Law and Immigration Law for Texas on
Q: my opt will finished april 8 2024 can start my i485 with my wife during my grace period.

my wife she is americaine and we almost finished the paper. if i send it after april 8 2024 do i will be in trouble

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answered on Apr 2, 2024

Based on the information you provided, it sounds like your OPT (Optional Practical Training) will be ending on April 8, 2024, and you are wondering if you can start the process of adjusting your status to permanent resident (filing Form I-485) with your American wife during your grace period.... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Should I be concerned about this 2-month gap in my visa status?

I am applying for an I-539 to change from B2 to F1.

My permission to stay in the USA ends in April 2024, and I start my studies (I-539 in the field "What is the effective date of change?") in June 2024.

Should I be concerned about this 2-month gap in my visa status?... View More

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answered on Mar 28, 2024

Yes, you should be concerned about the 2-month gap in your visa status. U.S. immigration regulations require maintaining lawful status until the commencement of studies on an F1 visa. A gap between the expiration of your B2 status and the start date of your F1 status could lead to issues, including... View More

3 Answers | Asked in Immigration Law for Texas on
Q: Can I obtain legal status if I illegally entered the country 20 years ago from Mexico and have no order of deportation?

I have two over 21 year old kids that are US citizens and I never got a visa when I entered. I have no bad track record. I have a 9 year old and I haven’t seen my Mexico family in 20 years.

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answered on Mar 28, 2024

If you've been in the country for 20 years without legal status, it's essential to understand your options carefully. The fact that you have two children over the age of 21 who are U.S. citizens could play a significant role in your case. These family connections might offer a pathway for... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: I never entered illegally but I did overstay my visitor visa, but then I was paroled back into United States.

I did apply for adjustment of status after paroled into United States but was denied, now have filed for I-601A, i wanted to know my mother soon becomes a U.S. citizen is there any other option for me to obtain residency

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answered on Mar 24, 2024

When your mother becomes a U.S. citizen, new options for obtaining residency may become available to you. As a direct relative of a U.S. citizen, you might be eligible to apply for a green card. This process typically involves filing Form I-130, Petition for Alien Relative, to establish the family... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Does the approved i130 expire if the i485 was denied for failure to submit the Covid shots?
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answered on Mar 18, 2024

The approval of Form I-130, Petition for Alien Relative, is a significant step in the process of sponsoring a family member for a green card. However, it's essential to understand that the approval of this form does not automatically guarantee the approval of Form I-485, Application to... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I'm applying for the k-1 and my fiance has a child who is under the age of 18. When should I apply for them to travel

I'm applying for the k-1 and my fiance has a child who is under the age of 18. When should I apply for them to travel here, do I need to apply for them or are they included since the child is under 18

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answered on Mar 16, 2024

When you apply for a K-1 visa for your fiancé(e), it's important to consider their child in the process. The child of your fiancé(e) may be eligible to travel to the United States with them under a K-2 visa. This visa is specifically designed for the unmarried children, under the age of 21,... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Dear experts, My EB2 PERM was submitted in November, 2023 and I'm on H1B, 2nd year.

Given the huge backlog on PERM and as my employer does not do premium processing for I140, I've started to explore my chances for NIW and I may have a good chance based on my profile. My NIW, ROW priority date would be April, 2024 earliest whereas my EB2 PERM, ROW priority date would be... View More

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answered on Mar 15, 2024

1. A potential denial of your National Interest Waiver (NIW) should not affect your Employment-Based Second Preference (EB2) application, as they are considered separate processes under U.S. immigration law. However, ensure that any information provided in the NIW application is consistent with... View More

1 Answer | Asked in Immigration Law for Texas on
Q: My wife to US on B2 visa , then she got h4 and recently got h1b. SHe is planning to go to India to get here Visa stamped

and h1b stamped for the first is there a risk of 221g refusal

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answered on Mar 13, 2024

When your wife travels to India to get her H-1B visa stamped for the first time, there is always a possibility of receiving a 221(g) refusal, also known as an "administrative processing." This refusal is not a denial but rather a request for additional information or documentation to... View More

1 Answer | Asked in Education Law and Immigration Law for Texas on
Q: Can my friend now return on a US tourist visa after their student visa was cancelled due to a fight at school in 2016?

My friend’s US student visa was cancelled back in 2016 because they were arrested for a fight at their school, and they were forced to return home. Can he now return to the US on a tourist visa for a 5 day family trip?

What steps would he have to take in order to be permitted into the country?

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answered on Mar 5, 2024

If your friend's student visa was cancelled due to an arrest, reapplying for a U.S. visa, such as a tourist visa, involves disclosing this past event during the application process. The U.S. Department of State requires all visa applicants to answer questions about their criminal record, and... View More

1 Answer | Asked in Immigration Law and Criminal Law for Texas on
Q: should I show up at court on my boyfriends behalf?

he is currently incarcerated in houston

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answered on Mar 5, 2024

Showing up at court on behalf of someone who is incarcerated can demonstrate support and concern for their situation. While you cannot represent him legally unless you are a licensed attorney, your presence might offer emotional support and show the court that he has a network of people who care... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can I enter USA if I left US without a travel document(bio metrics completed). I was out of USA for over 2 years.

I have a green card.

I applied for a REENTRY Permit before leaving.

March 2022: Travel document notice received.

April 2022: Biometrics completed.

May 2022: left USA due to medical reasons.

(I am still out of US)

January 2024: Received Travel... View More

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answered on Feb 29, 2024

Based on the details provided, you should be okay to reenter the United States with your valid reentry permit. Some key points:

- You properly filed for a reentry permit before leaving the U.S. and completed the biometrics appointment. This was important to show your intention to remain a...
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1 Answer | Asked in Immigration Law for Texas on
Q: what kind of documents are essential to explain the circumstances to immigration authorities and how to overcome this si

Arrived in the United States on a H4 visa in 2022.

- Transitioned to an H1-B visa in October 2022, although it remains unstamped.

- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.

- 2023 W2 reflects only $18,560 due to an unpaid maternity leave... View More

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answered on Feb 26, 2024

The discrepancy between your LCA wage and your actual earnings as reflected in your W2 due to unpaid maternity leave and reduced work hours could raise questions regarding your H1-B status compliance. It's crucial to address this proactively with the immigration authorities to avoid potential... View More

1 Answer | Asked in Immigration Law, Health Care Law and Public Benefits for Texas on
Q: Is an F2 visa holder eligible to buy medical insurance via healthcare.gov?

I'm an international student with an F1 visa, living and studying in Texas. My spouse has an F2 visa. My medical insurance through the university does not cover my spouse. Would they be eligible to enroll in health coverage through the HealthCare.gov Marketplace?

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answered on Feb 24, 2024

Yes, your spouse holding an F2 visa is eligible to apply for health coverage through the HealthCare.gov Marketplace. As dependents of international students on an F1 visa, F2 visa holders are considered lawfully present in the United States, which is one of the requirements for eligibility to... View More

1 Answer | Asked in Immigration Law, Tax Law and Employment Law for Texas on
Q: I am on H1b, w2 of 2023 W2 reflects only $18,560 due to maternity, what documents are essential to explain the immigrati

- Arrived in the United States on a H4 visa in 2022.

- Transitioned to an H1-B visa in October 2022, although it remains unstamped.

- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.

- 2023 W2 reflects only $18,560 due to an unpaid maternity leave... View More

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answered on Feb 22, 2024

The discrepancy between your 2023 W2 earnings and the Labor Condition Application (LCA) wage could potentially raise questions regarding your H1-B status, as H1-B visa regulations require that visa holders are paid at least the wage specified in the LCA. However, your situation involves legitimate... View More

1 Answer | Asked in Immigration Law for Texas on
Q: - Arrived in the United States on an H4 visa in 2022. - Transitioned to an H1-B visa in October 2022, although

Context:

- Arrived in the United States on an H4 visa in 2022.

- Transitioned to an H1-B visa in October 2022, although it remains unstamped.

- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.

- 2023 W2 reflects only $18,560 due to an... View More

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answered on Feb 21, 2024

The discrepancy between your 2023 W2 earnings and the LCA wage of $80,000 may raise questions regarding compliance with H1-B visa requirements. The Department of Labor mandates that H1-B visa holders be paid at least the wage specified in the LCA to prevent exploitation and ensure fair wages. If... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I have been employed under L1A, and my max out is within next 9 months. Would it be appropriate for me to apply for H1B?

I have been employed under L1A status, and I am nearing the maximum duration allowed within the next 9 months. Given this situation, would it be appropriate for me to apply for an H1B visa?

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answered on Feb 21, 2024

Given your current employment status under L1A and the fact that you are approaching the maximum duration allowed within the next 9 months, it may indeed be appropriate to consider applying for an H1B visa. The H1B visa is designed for individuals in specialty occupations, and transitioning to this... View More

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