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Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for South Carolina on

Q: Is there a way to accelerate the date of an appointment at the US Consulate in Ciudad Juarez, Mexico?

We have been working on my Mexican wife's green card. She got an appointment date of April 30th, but her medical exam showed a spot on her lung, and they required tests for TB, which took 10 weeks, taking us past the original interview date. The tests were negative, but now the earliest date the... Read more »

Hector E. Quiroga answered on May 24, 2019

At this stage of the game, you have to accept what is available.

1 Answer | Asked in Immigration Law for Indiana on

Q: Can my husband travel with a visitors visa while his DS-260 Visa application is being processed?

My husband has a non-expired B1/B2 Visitors Visa before he and I married, and before I had petitioned for him. I petitioned for him using the I-130, and am currently with NVC processing. We already filed in all the supporting documents, the affidavit of support and DS-260. We are currently awaiting... Read more »

Hector E. Quiroga answered on May 24, 2019

The challenge for him will to be to show that he is intending to return home after a visa. Having a USC spouse figures negatively into that argument. He must show that he has a variety of connections, including work, family, assets, etc.

2 Answers | Asked in Immigration Law for Texas on

Q: I am GC holder who applied for my 3 year old son for a green card in July 2018. It is now May 23rd 2019.

My Son is out of the country. Is it normal to take so long? I filed in Texas.

Deron Edward Smallcomb answered on May 24, 2019

It usually takes around two years.

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2 Answers | Asked in Immigration Law for Michigan on

Q: When filling an i129 fiance visa.. does petitioner have to provide criminal record check or just a brief history of it

Like why it has happened. Doesnt the USCIS do there own background check.

Deron Edward Smallcomb answered on May 24, 2019

It depends what the criminal history is. If you require a criminal history waiver, you should definitely contact an experienced immigration lawyer for assistance.

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1 Answer | Asked in Immigration Law for Georgia on

Q: I want to change my employer. I currently hold a valid TN visa, not expired

I read that Mexican nationals who have a valid TN work visa stamped in their passport can change employers by presenting the required letter from the new employer and other supporting evidence directly to the CBP at a Port of Entry. The applicant must pay $50 plus a $6 fee for the new I-94.... Read more »

Svetlana Kats answered on May 23, 2019

For a new employment you need to obtain a new TN visa. Yes you can request visa at the port of entry- just call Atlanta airoport to make sure that they have NAFTA officer to adjudicate your TN What documents to present really depends on the position that you are applying. If your position requires... Read more »

2 Answers | Asked in Immigration Law for Massachusetts on

Q: What to do when a conditional green card is expired and cardholder has been outside the US for more than one year?

My daughter is a US citizen and applied for K-1visa in August 2013. She and her spouse were accepted for a Fiancé VISA and they got married within 90 days of her Husbands arrival. He got accepted for a Conditional Green Card and obtained it. He has a social security number for work and had a... Read more »

Kyndra Mulder answered on May 23, 2019

He has likely abandoned his status by remaining outside the USA for so long. They will need to refile.

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2 Answers | 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

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1 Answer | Asked in Immigration Law, Civil Rights, Employment Discrimination and Federal Crimes for California on

Q: My husband is a permanent resident, can immigration deny him reentry because he has a legal cannabis job?

when he flies out to his country in Israel and reenters the usa, will immigration deny him entry due to his profesion? Can they see on record that hes registered with the sheriffs dept. As a legal worker?

Hector E. Quiroga answered on May 22, 2019

No. This could impact him if he files for US citizenship, for which he has to show five years of good moral character. A recent policy change requires a determination of lack of good moral character for people working in even the legal cannabis business.

1 Answer | Asked in Immigration Law for Texas on

Q: U.S. citizen sister had her kid i-485 rejected for sponsor. Would my GC be revoked if I offer to sponsor them?

She is a U.S. citizen and her husband is foreign. They will not accept his income and she does not have an income. Their children's I-485 all got rejected because of that. They want to use me to sponsor them but she will filed under her name. She has 30 days to appeal the decision and I'm wondering... Read more »

Sheri A Benchetrit answered on May 22, 2019

Your green card will not be revoked if you act as a joint sponsor. A joint sponsor by definition can be either a USC or a green card holder. I do think that she should see an experienced immigration attorney because she may have options other than an appeal. Before she takes action, she should... Read more »

3 Answers | Asked in Immigration Law and Gov & Administrative Law for Kentucky on

Q: My husband is planning on sponsoring his father and stepmom from Venezuela. What financial liability do I incur?

I will not be signing anything to help with the process. Also my spouse is military, naturalized U.S. citizen with a Florida residency. I am a natural US citizen born in Missouri and we were married in MO. It is my understanding state residency can influence marital property. I will be coming into... Read more »

Benjamin Williams answered on May 22, 2019

You can look up Form I-864 Affidavit of Support and read the instructions to find out what it means to become the financial sponsor for an intending immigrant. Basically it is a contract with the government stating that you can support the immigrant and will not allow them to become a "public... Read more »

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1 Answer | Asked in Immigration Law for North Carolina on

Q: Business handover to non immigrant

An investment advisor (FINRA certified) getting retired, want to handover business to a person who is at present non immigrant & living out of US. Which VISA he can sponsor him. Non immigrant is ready to take FINRA certification & ready to take over the business.

Sheri A Benchetrit answered on May 22, 2019

There may be several different options for the non immigrant. I would first need to have more information about his country of origin and also about the amount of the purchase price. Since it is important to gather as much information as possible in order to know all of your options, it would be... Read more »

2 Answers | Asked in Immigration Law for Florida on

Q: I am on J1 visa (J1 waiver) and have applied to get an O3 for husbands O1, will I have to leave my J1 instantly upon O3.

I am on J1 visa (J1 waiver) and have applied to get an O3 for husbands O1 and will get an answer soon from the USCIS on its approval. Will that mean I would have to leave my J1 based employment immediately, once it is approved. Or will I get any grace time to leave my current job and move with him.... Read more »

Sheri A Benchetrit answered on May 22, 2019

O3 visa holders are not permitted to work. If you have filed an I 539 to change your status from J1 to O3 and that form is approved, then legally you can be here in O3 status. However, in order to activate the visa and get the stamp in your passport, you usually have to consular process and have... Read more »

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2 Answers | Asked in Immigration Law for New Jersey on

Q: Can a person legally change their name on their birth certificate if its from a different country and they are a citizen

The person came into the country 60 years ago, thinking that their middle name was their first name. All of the documentation they have in America is under their middle name, including their social security card. Now they are having issues getting a state id, and new SS card, because the birth... Read more »

Sheri A Benchetrit answered on May 21, 2019

I am not sure that you can go back and change a name on a birth certificate, but the person could certainly file in the court where they live for a name change. Once they have the legal name change then they shouldn't have a problem with getting state ID or social security. After they get the... Read more »

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3 Answers | Asked in Immigration Law for Washington on

Q: Naturalization and public charge

I’ve been a lawful permanent resident since 2002. I’m planning to apply for naturalization in 2022. I’m concerned whether or not receiving MFTE housing assistance would affect my naturalization eligibility if the proposed immigration laws regarding public charge change under current... Read more »

Sheri A Benchetrit answered on May 20, 2019

There is generally no public charge bar to naturalization. And, housing benefits are specifically listed as not being categorized as evidence of public charge on the USCIS website (uscis.gov). That said, it is always a good idea to avoid receiving anything that may appear to public assistance for... Read more »

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2 Answers | Asked in Immigration Law for Texas on

Q: Should I add my wife to my I-485 petition in my employment-based GC process?

My wife is an asylum seeker and is currently waiting on her second hearing that is scheduled for 2021. My employer is based in Texas and her case is in California. Would her status affect my GC process? Would it be better to finish my process first and then process her GC through mine?

Sheri A Benchetrit answered on May 20, 2019

If your wife is able to adjust her status through your green card process, that would certainly be preferable to obtaining asylum which is never a guarantee. It is not clear from your question whether she has a hearing before an immigration judge or whether she is still appearing at interviews... Read more »

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1 Answer | Asked in Immigration Law for Texas on

Q: I have petitioned my husband. I just found out I'm pregnant, if I apply for Medicaid would that affect his process?

My husband has started his process to get a green card through me petitioning him. He already got his first acceptance letter. I am a US Citizen. Well we just found out that I am pregnant. My question is, would my husbands immigration process be affected in any way if I apply for Medicaid?

Sheri A Benchetrit answered on May 20, 2019

Although not likely to have an effect on your husband's immigration process, there has been a push by the current administration to restrict or even take away green cards when anyone in the household has received a public benefit. This is not the current policy, but policy does change. That said,... Read more »

2 Answers | Asked in Immigration Law for Maryland on

Q: Immigration Matter

If my kids are US citizen under the age of 10 years old but refused to go back home with my husband and I . How can my husband and I file for our residency just so the kids can have their heart desire?

Kyndra Mulder answered on May 20, 2019

You can't. Having a child in the USA does not qualify you for LPR status.

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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 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 »

2 Answers | Asked in Immigration Law for Florida on

Q: What do I do if my green card is about to expire and they ask me for extra documents to approve my citizenship app???

I had my citizenship interview today and I passed my civics test. But, the officer was really rude and wanted more documents which I could not provide at that time. In the notice did not say that I needed to bring any documents. She was even asking me for dates of birth of my husbands ex wife.... Read more »

Kyndra Mulder answered on May 20, 2019

Based on the information you provided the documents requested are typical. Had you had an attorney the attorney would have provided the documents with your initial application. What you need to do is provide the documents requested and the information requested.

It sounds like the officer...
Read more »

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2 Answers | Asked in Criminal Law and Immigration Law for North Carolina on

Q: Will my crime record affect getting a green card?

Hey! Im an European citizen, my fiancé is a marine and I’m 6 months pregnant. I got tickets to the USA in July to get married and start our family together and apply for green card and use parole in place to stay there.

I’ve committed a crime ( shoplifting) and I will have to pay a... Read more »

Denise Anderson answered on May 19, 2019

Shoplifting is often termed as a petty offense. The fact that you committed a petty crime does not bar you from obtaining a green card; you may still be admissible to the United States. The decisive factor is whether you have committed shoplifting on more than one occasion, and whether you entered... Read more »

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