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Alabama Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Alabama on
Q: came here on a student visa and ended up staying undocumented. married a us citizen who recently passed away. had kids.

my spouse passed away last yr and we never applied for citizenship. now i have legal problems. and getting close to retirement. I would love to go back to Philippines.

both kids are born here. what are my options?

Kyndra L Mulder
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Kyndra L Mulder
answered on Aug 16, 2021

In general, your option is to remain the USA or return to the Philippines. It is not possible to give you specifi advice without additional information.

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Alabama on
Q: Why my AL DL says FN? My previous ones used to be normal. Have Permanent Residence card for 30+ years.

2009 Alabama Code

Title 32 — MOTOR VEHICLES AND TRAFFIC.

Chapter 6 — LICENSES AND REGISTRATION.

Section 32-6-10.1 Foreign national Alabama driver's license /non-driver identification card/vessel license.

Section 32-6-10.1

Foreign national Alabama... View More

Kevin L Dixler
Kevin L Dixler
answered on May 6, 2021

Because the current elected officials of the State of Alabama likely have some misperceptions about immigrants and want to label you.

If you don’t like the label, complain to your ‘State’ representative and Senator. What it is doing ‘may’ be against Federal law in that it may...
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1 Answer | Asked in Immigration Law for Alabama on
Q: Can my immigrant wife wife use a Job offer (contract), instead of using a cosponsor for income?

We received, Request for Evidence (Form I-485) from USCIS (issues with Cosponsor).

However, my wife was just offered a job, making over $100,000 a year plus signing Bonus, contract ready to be signed.

But my wife has not received an 'Authorization for Employment' approval... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Apr 28, 2021

No. The sponsor must show sufficient current income.

1 Answer | Asked in Immigration Law for Alabama on
Q: Will an immigration attorney work on a contingency basis?

We received, Request for Evidence (Form I-485) from USCIS.

My wife was just offered a job, making over $100,000 a year including signing bonus, contract ready to be signed.

But does not have an Authorization for Employment' approval.

My wife is very worried.

Any... View More

Agnes Jury
Agnes Jury
answered on Apr 28, 2021

A contingency fee agreement is a form of billing that allows for an attorney to be paid a percentage of the damages awarded at the end of the case instead of an hourly rate. In contingency arrangements, the attorney agrees to take on the case without charging their regular hourly fees. This is... View More

1 Answer | Asked in Immigration Law for Alabama on
Q: What happens if I divorce my husband, without my green card being issued?

I came to the US on a tourist visa and wanted to stay here for a few weeks to visit my boyfriend, before my visa expired we got married because we never wanted to spend a day without each other again. We filed the paperwork and it came back because we did not know that we had to include about... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Mar 11, 2021

You may qualify to file on your own. I suggest you consult with an experienced immigration attorney.

2 Answers | Asked in Immigration Law for Alabama on
Q: I am a US citizen, have been married to a man that entered US illegally for almost 10 years.

Is there any way to get him considered legal, he has a tax ID because he is a subcontractor, he has never been in trouble. Got deported because of racial profiling, he has no tatts, had 1 earring at the time but the cop said he looked like a gangster.

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

I am sorry to hear what your husband went through. He should get an ITiN #; you could reach out to the tax preparers agency to see if they could assist you with that. Regarding his immigration status, I don't have enough facts to provide you with a more accurate answer. Still, he may be... View More

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1 Answer | Asked in Immigration Law for Alabama on
Q: Hi I am currently on a U3 Visa dependent on a child of the U-1 visa . I travelled abroad how can I return

I am a current dependent of a u1 visa so I currently hold a U3 visa. I travelled abroad by myself and was wondering about re-entry into the U.S. My visa does state I am allowed to re-enter however it says that I would need to apply for a u-visa at an us embassy or obtain a waiver. I was wondering... View More

Adan Vega
Adan Vega
answered on Nov 22, 2020

You will need to apply for the U-3 at the U.S. consulate in your home country. You should contact the U.S. consulate near your home to obtain instructions as to the local procedures and timeline for visa issuance. You may be required to file a waiver depending on your immigration background /... View More

1 Answer | Asked in Immigration Law and Civil Rights for Alabama on
Q: Can the DMV deny your opportunity to take a driving test based on your language proficiency and Wont allow A translator?
Kevin L Dixler
Kevin L Dixler
answered on Sep 1, 2020

If you are a lawful permanent resident, authorized to work, or a U.S. Citizen, then the answer is likely no. The challenge is that you must contact an attorney, who handles civil rights matters in Alabama to discuss the violation of your civil rights based upon the legal decisions in the Eleventh... View More

1 Answer | Asked in Immigration Law for Alabama on
Q: Can i still get my citizenship even if i decide to give custody of my kids to the other parents?

I am an immigrant and i have nobody here than my kids. I divorced due to abuse and still my ex trying hard to make my life harder. I feel like i am not stable financially and that my kids are suffering being with me. I have decided to change state and work hard till i get stable but the problem is,... View More

Ify Princess Ikeakanam
Ify Princess Ikeakanam
answered on Aug 17, 2020

Hi, the requirements for US citizenship does not require having children even if the children are from your sponsoring spouse. If you have had your GC for up to 5 years and you do not have any criminal record, you are in a good position to apply for U.S citizenship. Let me know how I can help.... View More

1 Answer | Asked in Immigration Law for Alabama on
Q: I-130 was refused but we can't locate case and don't no reason of refusal. 3 mths. since returned. No NOIR or anything
Jesus Martinez
Jesus Martinez
answered on May 2, 2020

You can file a FOIA request to see what USCIS has oin your case file. The receipt notice is in the file.

1 Answer | Asked in Immigration Law for Alabama on
Q: Is it true that in some cases a consular officer doesn't have to give a reason for visa refusal.
Kevin L Dixler
Kevin L Dixler
answered on Apr 30, 2020

Yes, if a consular official reasonably believes that someone is disqualified, then the visa application can be denied without further clarification. That is why you received a section 221(g) determination.

To find out more, if it’s even possible, will take diplomacy, among other...
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1 Answer | Asked in Immigration Law for Alabama on
Q: Can I travel outside the country while my OPT is pending and before graduation date?

I applied for the OPT AND GOT THE RECEIPT FROM USCIS. I will be traveling outside the US before my graduation date for 10 days and I have my F1 visa and the I-20.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Feb 28, 2020

All other things being equal (you are not from one of the countries upon which this administration has imposed a travel ban), you should be able to return to the US under the circumstances described.

2 Answers | Asked in Immigration Law for Alabama on
Q: A family came to do volunteer mission on B visas. We'd like them to stay (change status to R). Can the dependents stay?

The primary will go from B to R (I-129), but can the dependents stay in the US while this is in process? How do I apply for R2s for them? Will they have to return to Bahamas while this is in process, or do they have to return after approval? Is there an additional form to file with the I-129? 2... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 23, 2019

Retain counsel to represent you. A consultation should be set up so that the facts of the case can be reviewed. Counsel anywhere in the USA can represent you.

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2 Answers | Asked in Immigration Law for Alabama on
Q: I AM TRYING TO IMMIGRATE MY WIFE FROM PAKISTAN. THEY ARE SAYING OUR PETITION IS BEING CANCELED ?

WE HAVE COMPLIED WITH EVERYTHING THEY HAVE ASKED

Denise Anderson
Denise Anderson
answered on Sep 25, 2019

Without reviewing the forms you submitted. I cannot provide a feedback regarding why the petition was cancelled. I recommend that you contact an Immigration attorney to review the forms you submitted, and to review the notice you receive from Immigration Services. The attorney can provide the... View More

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1 Answer | Asked in Immigration Law for Alabama on
Q: Hi i was married in the u.s but got married in india does that count as polygamy too even after i got divorced here u.s.

I was married in u.s when i got married in india in 2015 but later got divorced with my x wife in u.s in August 2015 can i still file for my present wife in india for i130 or isit a big problem since im Muslim and allowed 4 wives? Plz help im really confused

Patricia C. Wall-Santiago
PREMIUM
Patricia C. Wall-Santiago
answered on Aug 21, 2019

No. USCIS does not recognize polygamous marriages even if valid in the place of celebration. You will need to remarry your "second" wife (the one you married in India in 2015) to be able to file a family petition on her behalf. I suggest that you consult an experienced licensed... View More

1 Answer | Asked in Immigration Law for Alabama on
Q: Hi i want to file for my wife i130 we got married in Jan 2015 but i was married before that and got my divorce aug 2015

I got married in india and i was married here in u.s before that im on my greencard ! Plus in my religion i can marry upto 4 wives legally in india

Kevin L Dixler
Kevin L Dixler
answered on Aug 20, 2019

The U.S. bars polygamy. You can only be lawfully married to one person at a time. If you were married to more than one person, but did not report it to the USCIS, then you misrepresented a material fact. This can result in the revocation of lawful permanent resident status. I don't know... View More

1 Answer | Asked in Immigration Law for Alabama on
Q: Was there a change of service centers?

I live in the state of Alabama and I filed for the I-130 for my husband who lives in Albania. I saw that for Alabama we are under the Texas service center, however on my I-797C receipt it says Nebraska Service Center. Is that normal to be processed under a different service center?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jul 9, 2019

USCIS spreads the petitions among the service center based on the type of petition. They also try to balance the workload between the centers.

1 Answer | Asked in Immigration Law for Alabama on
Q: I am in EB2 priority date 2011 waiting for GC for the last 8 years, I am looking for options to convert to EB1
Kevin L Dixler
Kevin L Dixler
answered on Jun 2, 2019

Not a lot of people can ‘successfully’ do so. I strongly recommend a teleconference with a competent, ethically considerate and experienced immigration attorney with time to advise and investigate before you take action found to be without merit by the USCIS. Good luck.

1 Answer | Asked in Immigration Law for Alabama on
Q: I have my Naturalization interview. They are asking for selective service registration which I don't have. Please help.

I have my Naturalization interview. They are asking for selective service registration which I don't have since i am now 31 years old. I came to USA in non immigrant visa status, student visa F1 status. Also, I was over 26 when I file for green card. Can you please let me know what should I do here.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Apr 30, 2019

It is unlikely that you will need it. If you remained a student until you filed for your green card, then weren’t required to register. In addition, if you are over 31 years of age, then it doesn’t matter anyway, since more than five years have passes since you turned 26. You can write a... View More

1 Answer | Asked in Immigration Law for Alabama on
Q: What are the risks to divorcing a US citizen as an undocumented immigrant?

I am an undocumented immigrant (I entered the US legally and overstayed a visa) and I got married last year to an american citizen. She now wants a divorce. How could this affect my stay in the US?

Karina Garcia Herhusky
Karina Garcia Herhusky
answered on Dec 21, 2018

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... View More

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