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Arizona Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for Arizona on

Q: Can I (a US Citizen) petition my step daughter?

Ms Grace I Gardiner answered on May 22, 2019

If the marriage took place before the child’s 18th birthday you certainly can apply for her green card

1 Answer | Asked in Immigration Law for Arizona on

Q: Does owning U.S. property help in an immigration case?

My boyfriend is from another country and has a green card with conditions from a previous marriage of 1.5 years. He wants those conditions removed. I own a home, and he wants me to put him on the deed as he says owning property in America will help his case. Is this true?

Hector E. Quiroga answered on Apr 9, 2019

Under his circumstances, no. Your boyfriend needs to show that, in spite of the divorce, he and his first wife entered into marriage for love and not to circumvent immigration laws. Because he’s divorced, he should be able to file the necessary form at any time. He might want to talk with an... Read more »

1 Answer | Asked in Immigration Law for Arizona on

Q: Would an old exclusion order prevent me from getting TSA pre flight and/or a passport?

I received an exclusion order from Canada on 7/09/14. A company I was working for asked if myself and several others could go up to Canada to help a work crew and that everything was taken care of. Upon arrival at the border we were told we couldn't enter due to the fact we didn't have permits to... Read more »

Hector E. Quiroga answered on Apr 1, 2019

It won’t prevent you from getting a passport. It shouldn’t prevent you from getting TSA Preflight. There was no conviction.

1 Answer | Asked in Immigration Law for Arizona on

Q: Got denied citizenship based on my entry

Hi, i entered the US in 2010 with green card, petitioned by my dad (US citizen) as unmarried son. However, i got married 14 days before i entered. Its been almost 9 years and i have petitioned for my wife, she got here in 2013 and we have 2 kids now(both US Citizens) i went for my naturalization... Read more »

Kevin L Dixler answered on Mar 22, 2019

You voided your visa category upon marriage, so you lacked the required status upon admission. The 1st preference category is “unmarried” child over 21 years of a U. S. Citizen.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney...
Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Arizona on

Q: I'm a green card holder since 2000 and I submitted my application for Naturalization. Need advise.

I'm currently in the middle of the process for Naturalization with my biometrics scheduled in a few weeks. I'm worried that my conviction in 2013 will cause a problem with my application. I was arrested and jailed for less than 24 hours for possession of paraphernalia. The judge reduced my sentence... Read more »

Kelli Y Allen answered on Mar 20, 2019

You need to have an immigration attorney review a copy of the judgment to determine what risks you may incur in applying for naturalization. There is a fairly high chance that the conviction may make you removable.

2 Answers | Asked in Immigration Law for Arizona on

Q: I'm a green card holder since 2000 and I submitted my application for Naturalization.

I was convicted of a crime in 2013 (possession of paraphernalia) but the sentence was reduced as it was my first offense. The judge also approved my sentence to be set aside/expunged a few months ago. I'm currently a home owner, work a full time corporate job and married my girlfriend of 7 years... Read more »

Deron Edward Smallcomb answered on Mar 20, 2019

It is unlikely you would be deported for a minor offense. You should consider contacting an immigration attorney to discuss specific details about your case.

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1 Answer | Asked in Immigration Law for Arizona on

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

He was caught with drugs a couple years back and he did his time in jail and still got banned from the us we are expecting a little one and really need him here in Arizona with me is there anything I can for him to come here.

Kelli Y Allen answered on Mar 14, 2019

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.

1 Answer | Asked in DUI / DWI and Immigration Law for Arizona on

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

I already send all the originals documents to immigration for my DUI before I got my asylum granted, after one year I'm applying for my green card, immigration is gonna ask me for the original document, even if I already send it to them? And is gonna be a problem for me to get my green card ?... Read more »

Deron Edward Smallcomb answered on Mar 5, 2019

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.

2 Answers | Asked in Immigration Law for Arizona on

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

I didn’t renew due to knowing i will be filing my green card application. Although now i year has passed and my work permit has been expired for a while and I’m still working. Should i add that info to my I485

Deron Edward Smallcomb answered on Jan 31, 2019

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... Read more »

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2 Answers | Asked in Immigration Law for Arizona on

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?

Or is there anything else I can do that doesn’t take that long ??

Kelli Y Allen answered on Jan 30, 2019

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... Read more »

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1 Answer | Asked in Immigration Law for Arizona on

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

I went to my interview in September and the officer told me that my green card was approved and that I would receive my card within a month. However, after a couple of weeks I received a notice stating that my case was transfered to another office (in Texas). It has been 4 months since the... Read more »

Kelli Y Allen answered on Jan 23, 2019

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.

1 Answer | Asked in Immigration Law for Arizona on

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

The problem we are having is that we filed taxes jointly for the past 3 years, and we do owe back taxes. We could not pay those taxes due to a child support order that is quite high ($3,400.00) a month. As a self employed, My only income (I husband) is about 44K a year after ordinary business... Read more »

Kelli Y Allen answered on Jan 16, 2019

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... Read more »

2 Answers | Asked in Immigration Law and Family Law for Arizona on

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

my girlfriend who is on a e-3 visa, is currently in the process of leaving of leaving the country in 60days, i dont want her to leave, so i want to marry her, can she stay or can i marry her so i can leave with her to her country in australia

Kevin L Dixler answered on Jan 11, 2019

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... Read more »

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1 Answer | Asked in Immigration Law for Arizona on

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

I am currently with a lot of debt (bad decisions) and can not pay minimum amounts and already 1 lawsuit. Afraid of current immigration scrutiny could jeopardize my future intent to become resident.

Allen C. Ladd answered on Jan 4, 2019

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... Read more »

1 Answer | Asked in Immigration Law for Arizona on

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

Hector E. Quiroga answered on Nov 6, 2018

You might try the ICE detainee locator.

https://locator.ice.gov/odls/#/index

1 Answer | Asked in Immigration Law for Arizona on

Q: Can a financially stable US citizen pay fully for a B2 Visa applicant's trip?

My boyfriend, a Mexican citizen, and I, an American citizen, would like for him to visit me in Arizona for a couple weeks stay. The only problem is that he's currently unemployed and doesn't have sufficient funds to pay for the trip himself. As I'm a full-time worker, I have more than enough in... Read more »

Hector E. Quiroga answered on Oct 23, 2018

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.

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

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

We got stopped we where not told the reason for all we where asked was if we knew where some guy was.. We said no the sherrif knows who she was looking for yet she searched my car and arrested my boyfriend i need help fast.

Amber Hardy answered on Sep 27, 2018

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... Read more »

1 Answer | Asked in Immigration Law for Arizona on

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

After they revoke his visa 2 years latter I applied for him again to bring him to USA from Afghanistan after his interview his visa revoked 221g administrative process. Will they use my old case and letter to denie his visa this time ?

Carl Shusterman answered on Jun 28, 2018

You broke up and got back together again? If so, this will subject to your new petition to additional scrutiny.

1 Answer | Asked in Immigration Law for Arizona on

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 answered on Jun 25, 2018

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... Read more »

1 Answer | Asked in Immigration Law for Arizona on

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

I’ve been told this exception only applies if you obtained the green card through marriage but I can’t find that on the USCIS website.

Carl Shusterman answered on Jun 24, 2018

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...
Read more »

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