Arizona Immigration Law Questions & Answers

Q: can I fix my husbands papers if he was banned from the us? I’m pregnant and need him here not in Mexico.

1 Answer | Asked in Immigration Law for Arizona on
Answered on Mar 14, 2019
Kelli Y Allen's answer
You should consult with an immigration attorney who can review your husband's criminal record. You will need to supply copies of the judgments. However, in most cases involving a controlled substance conviction, there is no waiver of inadmissibility.

Q: I had a DUI and I have an asylum granted, so now I'm applying for my green card, am I gonna have amy problems cuz my DUI

1 Answer | Asked in DUI / DWI and Immigration Law for Arizona on
Answered on Mar 5, 2019
Deron Edward Smallcomb's answer
You may have problems because of the DUI. You should definitely consult with an experienced immigration to help you with your filing and any potential responses to USCIS.

Q: My work permit expired and i continued to work. Do I say I’m currently working on my green card application?

2 Answers | Asked in Immigration Law for Arizona on
Answered on Jan 31, 2019
Deron Edward Smallcomb's answer
You should have renewed the work authorization before it expired, that way it would have automatically been extended. Considering you didn't, technically you shouldn't work. When they call you in for the interview for the i-485, you will have the opportunity to supplement the form by telling them that you continued to work for the same employer.

Q: I am 17 years old I came to the US when I was 4 then my visa expired. Can I marry my Bf that is a citizen when turn 18?

2 Answers | Asked in Immigration Law for Arizona on
Answered on Jan 30, 2019
Kelli Y Allen's answer
Is your boyfriend a US citizen? If you are asking in an immigration context, once you marry he can file a petition on your behalf and you may be eligible to adjust status (go through green process without having to leave the U.S.) As long as you are legally married, there is no requirement that you be 18 for him to file a petition for you. I suggest having a full consultation with an immigration attorney to make sure you meet all eligibility requirements and handle this process on your...

Q: Got approved in the interview 4 months ago, but did not reiceve the card. Is it normal?

1 Answer | Asked in Immigration Law for Arizona on
Answered on Jan 23, 2019
Kelli Y Allen's answer
That is unusual and I have not heard of a case being transferred to another office after the interview unless you moved prior to the case being approved. Try placing a service request with USCIS or making an InfoPass appointment to see if you can get more information.

Q: I am a US citizen, My wife is a permanent green card holder. My wife would like to file/apply for her citizenship.

1 Answer | Asked in Immigration Law for Arizona on
Answered on Jan 16, 2019
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.

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

2 Answers | Asked in Immigration Law and Family Law for Arizona on
Answered on Jan 11, 2019
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...

Q: If I declare bankruptcy, chapter 7 while on H1b visa, will it affect my immigration intent (outcome) if I pursue GC?

1 Answer | Asked in Immigration Law for Arizona on
Answered on Jan 4, 2019
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...

Q: I’m trying to find out where my husband is being detained by immigration for entering the country illegally?

1 Answer | Asked in Immigration Law for Arizona on
Answered on Nov 6, 2018
Hector E. Quiroga's answer
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?

1 Answer | Asked in Immigration Law for Arizona on
Answered on Oct 23, 2018
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.

Q: Can i post bail for my boyfriend if he is illigal and was detained due to mariguana and meth?

1 Answer | Asked in Criminal Law, Immigration Law and Civil Rights for Arizona on
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.

Q: I canceled my fiancé visa once by sending a letter that I don’t want him anymore

1 Answer | Asked in Immigration Law for Arizona on
Answered on Jun 28, 2018
Carl Shusterman's answer
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

1 Answer | Asked in Immigration Law for Arizona on
Answered on Jun 25, 2018
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

Q: Can you apply for naturalization if you’ve been a LPR and married to a US citizen for over 3 years?

1 Answer | Asked in Immigration Law for Arizona on
Answered on Jun 24, 2018
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

Q: Can I get banned from USA for abandoning pending I 485?

1 Answer | Asked in Immigration Law for Arizona on
Answered on Jun 24, 2018
Carl Shusterman's answer
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?

1 Answer | Asked in Immigration Law for Arizona on
Answered on Jun 14, 2018
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.

Q: My 10 year unlawful presence bar is over, what options do i have to get an immigran visa?

1 Answer | Asked in Immigration Law for Arizona on
Answered on Jun 14, 2018
Carl Shusterman's answer
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.

1 Answer | Asked in Immigration Law for Arizona on
Answered on Jun 9, 2018
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.

Q: when an aged out child from F2A to F2B

1 Answer | Asked in Immigration Law for Arizona on
Answered on Jun 5, 2018
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.

Q: where is the file sitting now if it has been rolled over from F2A to F2B

1 Answer | Asked in Immigration Law for Arizona on
Answered on Jun 5, 2018
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...

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