Alabama Immigration Law Questions & Answers

Q: What are the risks to divorcing a US citizen as an undocumented immigrant?

1 Answer | Asked in Immigration Law for Alabama on
Answered on Dec 21, 2018
Karina Garcia Herhusky's answer
Usually when an immigrant marries a U.S. citizen and the U.S. citizen files a petition for permanent residence on behalf of the immigrant, the immigrant is granted conditional permanent resident status until the couple has been married for two years. This two year conditional period is supposed to deter people from entering into sham marriages for the sole purpose of obtaining an immigration benefit. In order for the immigrant to remove the granted conditional permanent status, the immigrant...

Q: Can I still retain my opt if my Ex employer filed a withdrawal of approved H1 B before Oct 1st

1 Answer | Asked in Immigration Law for Alabama on
Answered on Sep 26, 2018
Hector E. Quiroga's answer
Your OPT is independent from your H1B, so if your OPT EAD is still valid, then you can continue working with it.

Q: My OPT was approved in March, I got a job offer and began working in may.

1 Answer | Asked in Immigration Law for Alabama on
Answered on Jun 6, 2018
Carl Shusterman's answer
Your employer should submit an H-1B petition for you in April. If you are selected in the H-1B lottery, you can get an H-1B visa. Otherwise, if you are eligible for STEM-OPT, make sure that your employer is on E-Verify and that way you can get another 2 years on OPT.

US immigration law allows 140,000 persons annually to obtain green cards through employment. This number includes both the principal worker and immediate family members (spouse and unmarried children). Persons born in a...

Q: Do I automatically have dual citizenship: Philippine-US?

1 Answer | Asked in Immigration Law for Alabama on
Answered on Apr 10, 2018
Hector E. Quiroga's answer
If you are under 18 at the time your mother got citizenship, you are automatically a US. That doesn’t mean you give up your Filipino citizenship.

We recommend you get both a US passport and a Filipino passport. That way you can easily travel back and forth.

Q: An individual in the U.S. on a B visa is seeking adjustment to R. Can she leave for 2 weeks while the I-129 is pending?

1 Answer | Asked in Immigration Law for Alabama on
Answered on Oct 24, 2017
Hector E. Quiroga's answer
That’s risky. Customs officers will question your intent. You would be coming to the US on a tourist visa but the fact that an I-129 has been filed on your behalf suggests a different intent than tourism. You could, therefore, be denied entry.

Q: My brother in-law came into Texas illegally in 1999 was caught within 48 hours and deported. He came in again in 2010.

1 Answer | Asked in Immigration Law for Alabama on
Answered on Jul 18, 2017
Kevin L Dixler's answer
This is complicated and unfortunate. He must prove to the satisfaction of the USCIS that he has been outside the U. S. for at least ten years in order to file for advanced permission to re-apply. However, in doing so, he must also prove that his situation merits enough discretion to overcome the permanent bar upon visa issuance. Otherwise, he won't be given a chance to seek a visa.

I strongly recommend an appointment with a competent and experienced immigration attorney discuss the...

Q: As a co-sponsor of my brother's wife, am I in any way responsible for providing insurance, or penalties, under ACA?

1 Answer | Asked in Immigration Law, Tax Law and Health Care Law for Alabama on
Answered on Apr 23, 2017
Kyndra Mulder's answer
Your responsibilities are stated in the instructions and body of the I-864 Affidavit of Support; USCIS.gov/i-864.

Q: How can I find out if someone is illegal or a resident?

1 Answer | Asked in Immigration Law, Child Custody and Identity Theft for Alabama on
Answered on Jan 31, 2017
Brian Lehman's answer
There is no publicly available database or service provided by the government for such a determination. Employers can use everify: https://www.uscis.gov/e-verify

Q: Can I apply for a German student visa in the United States or do I have to go to my home country to do it?

2 Answers | Asked in Immigration Law for Alabama on
Answered on Jan 29, 2017
Matthew J Hartnett's answer
You should contact the German consulate. They will be able to answer your question.

Q: Me and my boyfriend have been together going on 9 years. Van he get legal with the RPI immigration law?

1 Answer | Asked in Immigration Law for Alabama on
Answered on Jan 16, 2017
Matthew J Hartnett's answer
RPI isn't a term that is frequently used. I think you may be referring to the provisional waiver process (I-601A). If you decide to get married, consider a consultation with an immigration to evaluate whether he would be a good candidate. These are fact specific and really depend on your specific situation.

Q: DACA approved for advance parole, do I need to go to the embassy in Juarez? Or just fly straight to my destination?

1 Answer | Asked in Immigration Law for Alabama on
Answered on Jan 5, 2017
Kyndra Mulder's answer
Moreinformation is needed to answer your question. Normally once you receive your advance parole document you are free to travel with the document your passport and proof of DACA. I do not understand why you would need to go to the U.S. Consulate.

Q: immigration related

1 Answer | Asked in Immigration Law for Alabama on
Answered on May 9, 2016
Camlinh Nguyen Rogers' answer
You should sit down with an experienced family attorney

Q: Should i wait for my H1B transfer to go through, before i shift companies or can i start work after getting the reciept

1 Answer | Asked in Immigration Law for Alabama on
Answered on Feb 17, 2016
Shan Dimitris Potts' answer
It will most likely have some problems as you might not have any pay slips by this time. I suggest talking to an immigration attorney to help you in this matter. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in...

Q: Im 23 years old, I have a visa for tourism,I graduate from middle school and hig school in the USA,

1 Answer | Asked in Immigration Law for Alabama on
Answered on Jan 29, 2016
Shan Dimitris Potts' answer
You will not be eligible for the dreamers act. You may be able to request a student visa to come and study in the US. Talk to an immigration attorney in private to help you with this process. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The...

Q: He came in 02 then again in 06, and has been here since! Will that affect anything?

1 Answer | Asked in Immigration Law for Alabama on
Answered on Jan 12, 2016
Camlinh Nguyen Rogers' answer
The stated facts create a complex case, and are insufficient to provide legal advice.

Q: My husband is in the u.s. illegally, we hve been together 9 yrs and i want to start papers for him! What do i need to do

1 Answer | Asked in Immigration Law for Alabama on
Answered on Jan 7, 2016
Shan Dimitris Potts' answer
If you are a US citizen and you have meet the income requirements to sponsor your husband you can get started today. If your husband entered illegally he will have to get a waiver for that. If you have no idea how this process works, it is better you do it through an immigration attorney. Depending on which country he is from the process might take about 6 to 8 months (considering you are an US citizen). Many immigration attorneys including me offer free immigration consultations, so make use...

Q: My husband is in the u.s. illegally, we hve been together 9 yrs and i want to start papers for him! What do i need to do

1 Answer | Asked in Immigration Law for Alabama on
Answered on Jan 7, 2016
Shan Dimitris Potts' answer
If you are a US citizen and you have meet the income requirements to sponsor your husband you can get started today. If your husband entered illegally he will have to get a waiver for that. If you have no idea how this process works, it is better you do it through an immigration attorney. Depending on which country he is from the process might take about 6 to 8 months (considering you are an US citizen). Many immigration attorneys including me offer free immigration consultations, so make use...

Q: do I need another immigration attorney?

1 Answer | Asked in Immigration Law for Alabama on
Answered on Dec 6, 2015
Camlinh Nguyen Rogers' answer
If you have retained a lawyer and don’t have trust to ask that person the questions posted here. You should seek for second opinion from an experienced attorney instead of relying on the answers on a public free forum. Good luck. www.aba-us.com

Q: I am only 16 year old and I want to become a US citizen, and i was wondering if my girlfriend Mother can spouse me ?

1 Answer | Asked in Immigration Law and Adoption for Alabama on
Answered on Nov 20, 2015
Shan Dimitris Potts' answer
I do not get what you mean by "Spouse me". Spouse is a word used to describe a husband/wife in a marriage. You should consider talking to an immigration attorney in private to first decide what your goals are. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular...

Q: Can my husband be deported during removal proceedings if he is arrested for domestic violence?

1 Answer | Asked in Criminal Law and Immigration Law for Alabama on
Answered on Sep 5, 2015
Leonard R. Boyer's answer
There are insufficient facts stated to answer your question properly. But it is possible. Good luck.

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