Arizona Immigration Law Questions & Answers
Q: I am a US citizen, My wife is a permanent green card holder. My wife would like to file/apply for her citizenship.
Kelli Y Allen's answer
If you have made satisfactory arrangements with the IRS, then USCIS is okay with it. That would include having a payment schedule or the IRS making the determination that it does not have to be paid. For purposes of naturalization, they're really looking to make sure she's filed and is working with the IRS on any issues.
If you have made satisfactory arrangements with the IRS, then USCIS is okay with it. That would include having a payment schedule or the IRS making the determination that it does not have to be paid. For purposes of naturalization, they're really looking to make sure she's filed and is working with the IRS on any issues.
Q: How can i marry my current girlfriend who is on a e-3 visa so she can stay or i can go to her with her to her countr
Kevin L Dixler's answer
Yes, it is possible for her to stay, but she must agree to marry you, you must petition her, then she must request processing for "conditional" permanent resident status in the U.S. The cost is significant and the law gets extremely complicated. Her marriage based case can be delayed, denied and perhaps she can be deported in the process if the paperwork is mishandled and documentary evidence omitted. If she departs, it may take over a year for her to lawfully return!
As a result, I...
Yes, it is possible for her to stay, but she must agree to marry you, you must petition her, then she must request processing for "conditional" permanent resident status in the U.S. The cost is significant and the law gets extremely complicated. Her marriage based case can be delayed, denied and perhaps she can be deported in the process if the paperwork is mishandled and documentary evidence omitted. If she departs, it may take over a year for her to lawfully return!
As a result, I...
Q: If I declare bankruptcy, chapter 7 while on H1b visa, will it affect my immigration intent (outcome) if I pursue GC?
Allen C. Ladd's answer
I'm sorry this must be a strain for you. Contact a bankruptcy attorney and a credit counseling service, to figure out a plan to minimize your debt and to get protection against collection efforts. This will give you tremendous peace of mind, and your lawyer will help you get thru the bankruptcy and make a fresh start.
When it comes time to apply for permanent residence, you will then be able to show that you have your debts in order, and that you are repaying them according to a...
I'm sorry this must be a strain for you. Contact a bankruptcy attorney and a credit counseling service, to figure out a plan to minimize your debt and to get protection against collection efforts. This will give you tremendous peace of mind, and your lawyer will help you get thru the bankruptcy and make a fresh start.
When it comes time to apply for permanent residence, you will then be able to show that you have your debts in order, and that you are repaying them according to a...
Q: I’m trying to find out where my husband is being detained by immigration for entering the country illegally?
Hector E. Quiroga's answer
You might try the ICE detainee locator.
https://locator.ice.gov/odls/#/index
You might try the ICE detainee locator.
https://locator.ice.gov/odls/#/index
Q: Can a financially stable US citizen pay fully for a B2 Visa applicant's trip?
Hector E. Quiroga's answer
At issue isn't whether or not he can pay for the trip but what connections he has in Mexico, and money in the bank is one. He has to show that at the end of his trip he will return to Mexico and not remain in the US.
At issue isn't whether or not he can pay for the trip but what connections he has in Mexico, and money in the bank is one. He has to show that at the end of his trip he will return to Mexico and not remain in the US.
Q: Can i post bail for my boyfriend if he is illigal and was detained due to mariguana and meth?
1 Answer
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Criminal Law, Immigration Law and Civil Rights
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Arizona
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Answered on Sep 27, 2018
Answered on Sep 27, 2018
Amber Hardy's answer
Is the case in CA or AZ. If it is in CA I can help with the criminal and immigration. If it is in AZ I can only help with the immigration. As for posting bail he may have an ICE hold or get one when you post and would then be held for immigration to pick up so bail is tricky. Please feel free to contact me so I can get more information and help. 323-577-5002.
Is the case in CA or AZ. If it is in CA I can help with the criminal and immigration. If it is in AZ I can only help with the immigration. As for posting bail he may have an ICE hold or get one when you post and would then be held for immigration to pick up so bail is tricky. Please feel free to contact me so I can get more information and help. 323-577-5002.
Q: I canceled my fiancé visa once by sending a letter that I don’t want him anymore
Carl Shusterman's answer
You broke up and got back together again? If so, this will subject to your new petition to additional scrutiny.
You broke up and got back together again? If so, this will subject to your new petition to additional scrutiny.
Q: Being H1b holder, shall I start a company?What is the better option S Corp or LLC? Shall I register with my home addres
Carl Shusterman's answer
If you continue to work full-time for your H-1B employer, you can also start a company as long as you do not take a salary from your company and you remain within the jurisdiction of the US Court of Appeals for the 9th Circuit. Please see https://openjurist.org/667/f2d/771/bhakta-v-immigration-and-naturalization-service
Your other questions need to be answered by a corporate attorney.
Carl Shusterman
www.shusterman.com
If you continue to work full-time for your H-1B employer, you can also start a company as long as you do not take a salary from your company and you remain within the jurisdiction of the US Court of Appeals for the 9th Circuit. Please see https://openjurist.org/667/f2d/771/bhakta-v-immigration-and-naturalization-service
Your other questions need to be answered by a corporate attorney.
Carl Shusterman
www.shusterman.com
Q: Can you apply for naturalization if you’ve been a LPR and married to a US citizen for over 3 years?
Carl Shusterman's answer
Not true.
In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you
Have been a permanent resident (green card holder) for at least 3 years
Have been living in marital union with the same U.S. citizen spouse during such time
Meet all other eligibility requirements under this section
Not true.
In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you
Have been a permanent resident (green card holder) for at least 3 years
Have been living in marital union with the same U.S. citizen spouse during such time
Meet all other eligibility requirements under this section
Q: Can I get banned from USA for abandoning pending I 485?
Carl Shusterman's answer
Since you overstayed for less than 180 days, you are not subject to the unlawful presence bars.
Since you overstayed for less than 180 days, you are not subject to the unlawful presence bars.
Q: Change of Status (I-539) from TPS to F-1?
Carl Shusterman's answer
Adjustment of status refers to applying for a green card, not to F-1 student status. Talk with an experienced immigration attorney about your options.
Adjustment of status refers to applying for a green card, not to F-1 student status. Talk with an experienced immigration attorney about your options.
Q: My 10 year unlawful presence bar is over, what options do i have to get an immigran visa?
Carl Shusterman's answer
Unfortunately, you must remain outside the US for 10 years before you can apply for an unlawful presence waiver.
Unfortunately, you must remain outside the US for 10 years before you can apply for an unlawful presence waiver.
Q: Travel when H1B transfer is in process.
Carl Shusterman's answer
If you travel outside the US while your H-1B transfer is in process, it will be deemed abandoned by the USCIS.
If you travel outside the US while your H-1B transfer is in process, it will be deemed abandoned by the USCIS.
Q: when an aged out child from F2A to F2B
Carl Shusterman's answer
No new I-130 needs to be filed. No fee needs to be paid. Child moves from 2A to 2B category automatically on his/her 21st birthday.
No new I-130 needs to be filed. No fee needs to be paid. Child moves from 2A to 2B category automatically on his/her 21st birthday.
Q: where is the file sitting now if it has been rolled over from F2A to F2B
Carl Shusterman's answer
Immigrant visa (IV) applicants currently working with the National Visa Center (NVC) to complete their IV applications should make sure NVC has a working e-mail address for at least one party on their case. (A case party is the petitioner, beneficiary, or agent/attorney.) If you have not previously given NVC an e-mail address where you can be contacted, please call 1-603-334-0700 to provide your e-mail information. When you call, have your case number, petitioner’s full name, and the...
Immigrant visa (IV) applicants currently working with the National Visa Center (NVC) to complete their IV applications should make sure NVC has a working e-mail address for at least one party on their case. (A case party is the petitioner, beneficiary, or agent/attorney.) If you have not previously given NVC an e-mail address where you can be contacted, please call 1-603-334-0700 to provide your e-mail information. When you call, have your case number, petitioner’s full name, and the...
Q: child aged out of f2a is it auto move to a F2b and the original priority date is kept does a new I130 need to be filed
Carl Shusterman's answer
When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.
When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.
Q: if child ages out of the F2A do they automatically get rolled over to the F2B category and retain original priority date
Carl Shusterman's answer
When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.
When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.
Q: if child ages out are they auto moved from F2A to F2B with same priority date and does a new I130 need to be filed
Carl Shusterman's answer
When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.
When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.
Q: if child ages out of the F2A do they automatically get rolled over to the F2B category and retain original priority date
Carl Shusterman's answer
Yes, this is how it works. The 2B category is much more backlogged than is the 2A category.
Yes, this is how it works. The 2B category is much more backlogged than is the 2A category.
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