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Hawaii Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Hawaii on
Q: Can I do multiple times stays one month and leave US for 5 month in same year and still qualify to apply for citizenship

Marry to a US citizen, currently holding a 2-year conditional green card and planning to apply for citizenship when the time comes. However, I need to do medical treatment outside of the US, and the treatment required about a year to recover. I don't want to re-start the time of being qualify... Read more »

Agnes Jury
Agnes Jury answered on Apr 28, 2021

To qualify for citizenship, generally applicants must demonstrate they have continuously resided in the United States for at least 5 years before submitting Form N-400, Application for Naturalization. This means you must be residing exclusively in the United States – not in any other country.... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Hawaii on
Q: I am trying to apply for the N-400 Naturalization. A few questions have me confused.

Have you EVER been convicted of a crime or offense?

Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

Have you EVER received a suspended sentence, been... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Apr 12, 2021

The convictions are convictions even though they were expunged. Make sure you have copies of the documents from the court, with a seal or stamp from the court to show they are the official records. It is useful to talk with an immigration lawyer before submitting. The American Immigration Lawyers... Read more »

1 Answer | Asked in Immigration Law for Hawaii on
Q: Can my husband move to Hawaii with me (from Toronto) even if we are soon-to-be separated? I am getting the work visa.

I would like to move my family to Hawaii. I am looking to purchase a company and would therefore qualify for a work visa. However, my husband and I are in the midst of separating. I would like to assist his move to the US and wondered if I should delay the separation or if we can still all move... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 4, 2021

More information is needed. Have your petition for an investor visa been approved? If not, it can take a significant amount of time for U.S. visa petition processing. Likely, much more time than Canada. Perhaps, more time then you and your husband wish to wait.

As a result, I strongly...
Read more »

1 Answer | Asked in Family Law and Immigration Law for Hawaii on
Q: My father abandoned me in India and is in usa for 15+ years and is a green card holder.what r my rights in usa?

he is not divorced with my mother.

has illegal marriages as well as children from two other women.

he does not support's us financially but is hawaii court claims that he is doing so.

I want to come to usa and get alimony for my mother .

what are our rights in... Read more »

Nareshwar Singh Virdi
Nareshwar Singh Virdi answered on Feb 20, 2021

This sounds like a complicated situation. Please call my office at 916-378-0259 for further information.

1 Answer | Asked in Employment Law and Immigration Law for Hawaii on
Q: Filing unemployment but my I-551 card does not have exp. date, what should I put on the unemployment application?
Adan Vega
Adan Vega answered on Apr 18, 2020

You are a permanent resident. If you lose your resident card or you are in possession of a resident card that is expired or a version that has no expiration date, you are and, in fact , remain a permanent resident until you voluntarily abandon that status or a judge rules that you are no longer a... Read more »

1 Answer | Asked in Immigration Law for Hawaii on
Q: Recommend a US sponsor letter for my friend in Venezuela with a B2 visa to have their I94 approved for 6 months?

Concern that she won’t be approved to stay given the nature of Venezuela at the moment

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

It wouldn’t hurt; however, the burden is on your friend to show that they will return to Venezuela and the end of their visit.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Hawaii on
Q: My brother was deported to the Philippines due to criminal activity. Can he come to Hawaii for our older brother funeral

Youngest brother was not a U.S. citizen and he was in a Federal Prison for less than a year prior to his deportation.

Gary Kollin
Gary Kollin answered on Sep 26, 2019

He would need permission from the federal government. You can apply

1 Answer | Asked in Immigration Law for Hawaii on
Q: I, us citizen in Hawaii, and my spanish partner are tobe married. How soon can she move to us and what do we need todo?

We would like to know what her pathway to residency and work in Hawaii will look like once we are married, and how long the processes will take. I've heard that unique laws exist for this circumstance in HI.

Stephen Arnold Black
Stephen Arnold Black answered on Sep 1, 2019

If you are a US citizen, then you can sponsor your fiance for a K1 visa and then when she enters Hawaii, you must marry within 90 days, after which she can adjust status to obtain her LPR. A lawyer should be retained to handle the case and said lawyer can be anywhere in the USA. Counsel begins the... Read more »

1 Answer | Asked in Immigration Law for Hawaii on
Q: Me and my foreign wife go to a green card interview next month. However, I was recently charged with a misdemeanor of

domestic battery and the charges were dropped by a judge. (me and my wife got into a drunken shoving match) Does my wife and I have to report this to the immigration office?

Kyndra L Mulder
Kyndra L Mulder answered on May 20, 2019

Yes. You need to report it and provide a complete certified copy of the record from the original arrest report to the final disposition. If the case was dropped in exchange for a plea and/or any program..... it is considered a guilty charge by the USCIS. It is also a crime of violence and a... Read more »

1 Answer | Asked in Immigration Law for Hawaii on
Q: How to handle request for evidence ( tax transcripts ) knowing that I cannot make the deadline ? I may need 2 months.

I filed federal taxes a week prior to the interview and had copies of my returns at the interview, but wasn't asked to show them. At the end I was told I will get a notice in the mail about what to submit. I received a letter a few days later asking for federal tax transcripts and state taxes... Read more »

Kelli Y. Allen
Kelli Y. Allen answered on Feb 1, 2019

All you can do is send in what you have and ask for an extension. You could speak with an immigration to handle the response, but there's not anything else he/she could do.

1 Answer | Asked in Immigration Law for Hawaii on
Q: How do I provide divorce document when I was never married to my child biological father? USCIS requires it for N-600.

Filed the N-600 for daughter after receiving citizenship. Philippines records shows one marriage to current husband. USCIS is requesting for divorce paper but was never married to daughters Biological father. Daughter was born in Kuwait, which has strict law in live births. Parents must be married... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 20, 2018

You need to file an affidavit explaining this discrepancy. Better yet, show the paperwork to an experienced immigration attorney before doing anything.

1 Answer | Asked in Immigration Law for Hawaii on
Q: My husbands visa interview is at the end of this month but his case is in transferring process, does he still attends?

His case is in the process of transferring from Lagos embassy to Seoul embassy where he currently resides . Being that we have not heard back from Seoul embassy yet if they had received his case from Lagos, does he continue to get his medical exams and attend his visa interview in Lagos?

Carl Shusterman
Carl Shusterman answered on Jun 18, 2018

Confusing question. If his case is being transferred to Seoul, why does he have a visa interview in Lagos? If he does, I recommend that he attend the interview.

1 Answer | Asked in Immigration Law for Hawaii on
Q: My fiance isnt in school so his visa is getting pulled we get married in 6months is there a way for him stay til then?
Carl Shusterman
Carl Shusterman answered on Jun 16, 2018

You may want to consider getting married now so you could sponsor him for a green card right away.

1 Answer | Asked in Immigration Law for Hawaii on
Q: My husband is getting an annulment in the process of my green card, I am already inside the us. what are my options?

I am from France and came in the us with a tourist visa in December 2016. I married an us citizen before my visa expired and started the green card process. Now My husband wants to separate and get an annulment. I am now waiting for my immigration interview. What are my options to stay here?

Carl Shusterman
Carl Shusterman answered on May 8, 2018

Impossible to answer your question without knowing more about you. Schedule a legal consultation with an experienced immigration lawyer.

2 Answers | Asked in Immigration Law for Hawaii on
Q: What kind of visa will my friend need if he is planning to come here and do business?
Shan Dimitris Potts
Shan Dimitris Potts answered on May 4, 2018

Hello,

There are several "business" visas available. What kind of visa is suitable for your friend depends on the type of business and the amount of money he/she will invest in that business. Talk to an immigration attorney or have your friend talk to an immigration attorney in...
Read more »

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1 Answer | Asked in Immigration Law for Hawaii on
Q: Was out of status. Case dismissed, gr card based on marriage. Applying for citizenship. Need court docs w/application?

Application for citizenship requirement is to provide a court certified copy of the complete arrest record and disposition. Do I need to provide those documents if was in immigration proceedings? or it applies only for the courts other then immigration, like criminal and etc.

Carl Shusterman
Carl Shusterman answered on Apr 27, 2018

Yes, you need to send a certified copy of your record of conviction along with your N-400 application for naturalization.

1 Answer | Asked in Immigration Law for Hawaii on
Q: I lost my Permanent Resident Card. Can i apply for US Citizenship without it or Do i need to replace it first? Thanks...
Carl Shusterman
Carl Shusterman answered on Apr 27, 2018

You need to file a form I-90 to replace your green card before you apply for naturalization.

1 Answer | Asked in Immigration Law for Hawaii on
Q: I am naturalized US citizen. Can i bring my 10 y.o sister together with my parents at once? Thanks

I was wondering if my youngest sister can come to u.s the same time as my parents cause nobody will take care of her in Philippines. Thank you.

Carl Shusterman
Carl Shusterman answered on Apr 20, 2018

Unfortunately not. You can easily sponsor your parents for green cards, but a sibling petition for someone born in the Philippines takes over 20 years. (I know that first hand since my wife is from Cebu.)

If your parents find an alternate way to immigrate to the US, their 10-year-old...
Read more »

1 Answer | Asked in Immigration Law for Hawaii on
Q: If our child is born in the US, will that help my husband and I get green cards through her citizenship?
Carl Shusterman
Carl Shusterman answered on Apr 20, 2018

Only when she turns 21 years of age can she sponsor you and your husband for green cards.

To petition for your parents (mother or father) to live in the United States as green card holders, you must be a U.S. citizen and at least 21 years old. Green card holders (permanent residents) may...
Read more »

1 Answer | Asked in Family Law and Immigration Law for Hawaii on
Q: If an illegitimate child's father is an american citizen, what surename should he/she be using?

Can an illegitimate child of an american citizen be automatically US citizen?

Hector E. Quiroga
Hector E. Quiroga answered on Nov 27, 2017

Possibly. It depends on a variety of factors. It is best to consult with an immigration attorney to discuss your particular circumstances.

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