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Texas Immigration Law Questions & Answers
0 Answers | Asked in Immigration Law for Texas on
Q: Is having a minor spelling mistake in name on my i94 a problem for my EAD application? My name is correct on my passport

I applied for my EAD card and submitted all the supporting documents. But I noticed that my name is misspelled on i94 as Abhtjeet instead of Abhijeet. Will this be a problem during my EAD application review and if yes, what are the best steps I should take? My name is correct on my passport, Visa,... Read more »

0 Answers | Asked in Immigration Law, Contracts and Real Estate Law for Texas on
Q: Can an undocumented person with an expired temporary visa claim homestead rights not exemption in texas?

I have a customer that owes me money on a construction job. She has no homestead exemptions on the property. I am afraid that even though she has no rights for homestead exemption she might have rights for homestead being that she has lived there. She is not a citizen nor a permanent resident of... Read more »

0 Answers | Asked in Immigration Law for Texas on
Q: I'm a cuban, I was paroled upon entry. I have only been in the USA for a month. Can I apply for a work permit?

I entered the United States on April 7th, 2022.

2 Answers | Asked in Immigration Law for Texas on
Q: Can I marry my Mexican girlfriend if she comes on a tourist visa ? This is not our first time meeting,dating for 3years

If she did we would have to change her adjustment of status , right ? Or can I only marry her via k1 visa ? We are scared they might see it as fraud and take away her visa. Would we have to get married within 90 days ? Another lawyer told me we CAN’T get married within 90 days on a tourist visa... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Apr 23, 2022

An immigrant who enters the country legally, and marries a US citizen can adjust status to get a green card. If the marriage occurs within 90 days of legal entry, there is a presumption of fraud. If she marries you after 90 days, then it would be permissible to file an adjustment case, provided... Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: Me, US Citizen, will marry a Mexican Citizen. How do I apply for her resident status in the US?
Adan Vega
Adan Vega answered on Apr 18, 2022

You will need to file an immediate family petition (FORM I-130 + FORM I-130A) on behalf of your spouse.

If your spouse entered the U.S. lawfully and is not inadmissible then the FORM I-485 can be presented to USCIS to request the adjustment of status.

An experienced immigration...
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1 Answer | Asked in Immigration Law for Texas on
Q: Can a Mexican citizen drive in the USA ? My Mexican girlfriend is worried about her Visa being taken away.

My understanding is she can drive her car here for no more than a year. She's worried that on her way back to Mexico they will question why she was here and what she was doing and that they might take away her Visa. Should she be worried? She would come on a travel visa and they usually give... Read more »

Agnes Jury
Agnes Jury answered on Apr 19, 2022

According to Texas Department of Public Safety: "Driving privilege reciprocity allows a person to use a valid, unexpired foreign license to operate a motor vehicle in Texas for up to one year or until a person becomes a Texas resident, whichever date is sooner. Once a person becomes a new... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: For form i864 AOS as a 1040 filer do I use my adjusted gross income or my taxable income?

So I’m filling up my i864 to sponsor my wife and I want to confirm which income do I use as I income. Is it adjusted gross income or taxable income. My cpa is saying it’s adjusted gross income.

Agnes Jury
Agnes Jury answered on Apr 8, 2022

Adjusted Gross Income. Best wishes!

1 Answer | Asked in Immigration Law for Texas on
Q: I’m filing a i864 to sponsor my wife but I have unemployment benefits during the Covid shut down would that count as inc

So I’m sponsoring my wife and my business was closed due to Covid shut downs for most of 2020 and half of 2021. I received unemployment benefits in 2020 and 2021. I will list my income down below

2019- $41,300

2020- $31,100 ($20,700) from unemployment benefits and $13,800 from... Read more »

Samuil Buschkin
Samuil Buschkin answered on Apr 7, 2022

Some sources of income related to unemployment can't be included in income within the scope of form I-864 ( food stamps, SSI, Medicaid, and TANF), unemployment benefits are included and count as income. To see whether your total annual income, per household size, qualifies you as a sponsor,... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: I'm in the US under the ESTA visa waiver program. If I win the DV lottery, can I adjust my status while I'm here?
Samuil Buschkin
Samuil Buschkin answered on Apr 5, 2022

Typically, you would apply for adjustment via a consulate outside of the US. However, if you're in the US and you're still within the allowed stay of the VWP / ESTA, then you can send an application to USCIS while in the country.

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1 Answer | Asked in Immigration Law for Texas on
Q: I’m sponsoring my wife. My income is above the 125% but I have past due taxes from years ago.

I’m sponsoring my wife. We have our interview coming up in a few weeks. My income is above the 125% of poverty line I filed all my taxes even 2021 is filed but I have past due taxes from years ago. Does the USCIS verify if taxes are paid or just filed. Thank you.

Agnes Jury
Agnes Jury answered on Apr 4, 2022

USCIS does not verify if taxes are paid by the sponsor, only that they are filed. However, if the fact that they have not been paid does come up, it may put into question why the sponsor cannot pay taxes due to IRS but expects to be able to support another person's daily needs/expenses. USCIS... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: e-2 visa

for buying a business

Adan Vega
Adan Vega answered on Apr 3, 2022

You may be able to request the E-2 visa at the U.S. consulate or adjust status in the U.S. if you :

- are a national from a country with a treaty that allows for visa issuance for treaty investors,

- invest a substantial amount in a bona fide qualifying business, and

- seek...
Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: How does the H1B application 2nd lottery selection work?
Agnes Jury
Agnes Jury answered on Mar 28, 2022

Here is a good article: https://www.am22tech.com/h1b-lottery-status-submitted/

Best wishes!

2 Answers | Asked in Immigration Law for Texas on
Q: USCIS scheduled me for interview even when I was in removal proceedings. I thought its only court that can.

I like to know if it’s USCIS can grant interview even when I am in immigration proceedings in court.

Agnes Jury
Agnes Jury answered on Mar 8, 2022

More information is needed but YES there are circumstances under which USCIS can schedule an interview even if you are in immigration proceedings. Best wishes!

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1 Answer | Asked in Immigration Law for Texas on
Q: Can I apply for naturalization if I had a case of paraphernalia over 10 years ago?. It was expunged and cleared.

I have not committed any crimes since and my record is clean. I’ve been a permanent resident since 2016 and qualified to apply after 3 years since married to a us citizen. We have 2 children together and stilI married.I get confused with the question they ask.

Have you ever been convicted... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Feb 21, 2022

You would answer yes on the application form and you would have to provide stamped copies from the court about the case. The best thing to do now is to get the stamped copies and take them to a lawyer for a discussion. The naturalization application requires good moral character and a conviction is... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Texas on
Q: I recently got a dwi and court ordered to get a interlock device. I dont have a license and can't due to legal status

Will it be an issue to install? My daughter was going to be the one driving me to and from work but a friend told us if im in the car where the device is connected I have to be the one driving. I don't know how true that is

Vonnie Clay Dones III
Vonnie Clay Dones III answered on Feb 3, 2022

Your daughter must take and pass a breath test in order to start the vehicle. All drivers should be trained on the operation of the device.

2 Answers | Asked in Immigration Law for Texas on
Q: I am on a tourist visa and so is my partner. Can we get married in Texas with photo IDs? We do not want status in the US

We are only getting married in the Us because of the only family that is in support of our marriage lives in Dallas. It is interfaith and so the pretext for it in India is dangerous. We both are Indian citizens; I have residency in Canada and my partner will be joining me soon.

Agnes Jury
Agnes Jury answered on Feb 1, 2022

As long as you meet the qualifications for getting a marriage license in Texas there is not prohibition against getting married in the US while on an a tourist visit. Best wishes!

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2 Answers | Asked in Bankruptcy and Immigration Law for Texas on
Q: Do you offer your services to Spanish Speaking Clients?
Timothy Denison
Timothy Denison answered on Jan 27, 2022

Absolutely.

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1 Answer | Asked in Immigration Law for Texas on
Q: If I apply for an EB concurrent 485 while B2 extension 539 is pending, should I withdraw the 539 forms? Thanks!
Tia L. Smith
Tia L. Smith answered on Feb 1, 2022

Eligibility for concurrent filing aside, I would not recommended withdrawing the I-539 just in case your pending EB case is denied for any reason. If it is ultimately approved you can withdraw or the USCIS will deny the extension based on your approved I-485.

2 Answers | Asked in Criminal Law, Immigration Law and Federal Crimes for Texas on
Q: I recently was charged for human “smuggling” in Texas passing the checkpoint in Zavala County, Texas. Please help

I don’t consider this to be smuggling since I didn’t gain no money and I didn’t cross anyone over the border the illegal aliens were already in Texas I just had to pick them up. And now I got a charge for this and pending court date.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 17, 2022

It is irrelevant whether you received any payment for your activities or whether the foreign nationals were in the United States: these are not the requisite elements of the current criminal charge you are facing, witch has a possibility of a prison sentence upon conviction.

You must...
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1 Answer | Asked in Immigration Law for Texas on
Q: Im alien and my wife has a green card. Can I get green card while she has residence? Should I wait till her citizenship?

My wife has a green card. Im interesting if im alien is any way to get residence or I have to wait untill her citizenship? If so, is it true that I can apply for residence in the same time when she will apply for citezenship? Thank you

Kevin L Dixler
Kevin L Dixler answered on Jan 16, 2022

More information is needed. Are you in valid non-immigrant visa status? Or have you fallen out of status or has your stay expired?

There are also other issues that can complicate matters. I strongly recommend an appointment or teleconference with a competent and experienced immigration...
Read more »

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