Immigration Law Questions & Answers by State
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Immigration Law Questions & Answers
Q: I'm Italian citizen and came in US with my family for visit and my question is if I find a job in US, can I get work vis
Leonard R. Boyer's answer
You would need to have an in person consultation with an experienced immigration attorney and bring what every documents you have when you meet with the attorney. This is too fact sensitive to be answered in a meaningful fashion on line. Some attorneys do charge consultation fees for immigration, however those that do, will credit it to you, when you retain their services. Retain counsel quickly. Good luck.
You would need to have an in person consultation with an experienced immigration attorney and bring what every documents you have when you meet with the attorney. This is too fact sensitive to be answered in a meaningful fashion on line. Some attorneys do charge consultation fees for immigration, however those that do, will credit it to you, when you retain their services. Retain counsel quickly. Good luck.
Q: My H1-B visa expires next year November. Is it too late to change jobs and have my Green card process restart?
Matthew J Hartnett's answer
Two questions: 1) have you started your green card process yet? (if so, when); and 2) what country are you from?
Two questions: 1) have you started your green card process yet? (if so, when); and 2) what country are you from?
Q: I have questions about filling out Form N-600 for my 23 year old daughter who is adopted. Should I consult a lawyer?
Matthew J Hartnett's answer
Yes, because you only get one crack at the N-600... meaning if you file it and it gets denied, you won't be able to re-file. Consider working with an immigration attorney to properly prepare the n-600. Another option is to first file to obtain a US passport for your daughter (assuming you believe she is a US citizen), and then the N-600 after obtaining the passport. Have you tried this yet? I would recommend at least discussing with an attorney prior to taking either of these steps.
Yes, because you only get one crack at the N-600... meaning if you file it and it gets denied, you won't be able to re-file. Consider working with an immigration attorney to properly prepare the n-600. Another option is to first file to obtain a US passport for your daughter (assuming you believe she is a US citizen), and then the N-600 after obtaining the passport. Have you tried this yet? I would recommend at least discussing with an attorney prior to taking either of these steps.
Q: I cannot obtain a copy of my visa that I came here many years ago. Embassy, department of state are no help.
Matthew J Hartnett's answer
What type of case are you filing? Typically, you don't need a copy of the actual visa, but instead it is more important to have a copy of the I-94 entry record. Obtaining an I-94 can achieved by filing an I-102 with USCIS. But consider discussing this with an immigration attorney. Many of us offer free consultations.
What type of case are you filing? Typically, you don't need a copy of the actual visa, but instead it is more important to have a copy of the I-94 entry record. Obtaining an I-94 can achieved by filing an I-102 with USCIS. But consider discussing this with an immigration attorney. Many of us offer free consultations.
Q: Can my husband be deported at court for no license he has a international license from kentucky he is illegal .
Matthew J Hartnett's answer
The level of risk to being detained by ICE depends on his criminal history, his immigration history and particularly the local law enforcement in your area. If you are a permanent resident, have you discussed with a lawyer whether you are eligible to file for your husband to get his green card? It may be possible. Consider a consultation with an immigration attorney.
The level of risk to being detained by ICE depends on his criminal history, his immigration history and particularly the local law enforcement in your area. If you are a permanent resident, have you discussed with a lawyer whether you are eligible to file for your husband to get his green card? It may be possible. Consider a consultation with an immigration attorney.
Q: I am a US citizen and want to petition to bring my father to this country
Matthew J Hartnett's answer
No, outstanding credit card debt shouldn't prohibit him from coming back.
No, outstanding credit card debt shouldn't prohibit him from coming back.
Q: how long does FOIA at the immigration court in Arlington,VA and USCIS in general take?
Matthew J Hartnett's answer
EOIR FOIAs are generally speaking a little faster than USCIS. For USCIS you can expect to wait 4-6 months. But it depends on what information you are requesting.
https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/foia-request-status-check-average-processing-times/check-status-request
EOIR FOIAs are generally speaking a little faster than USCIS. For USCIS you can expect to wait 4-6 months. But it depends on what information you are requesting.
https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/foia-request-status-check-average-processing-times/check-status-request
Q: my friend in NY is applying for the 212(h) waiver but he commited social security fraud. is he safe from deportation?
Matthew J Hartnett's answer
He should talk to his lawyer. 212(h) waivers can be complicated. If he is trying to navigate a 212(h) waiver without a lawyer, that is probably not a good strategy. Also, he is going to court? If so, the process as to applying for a 212(h) waiver and green card in court is different than if he is not in court. Consider discussing with an attorney.
He should talk to his lawyer. 212(h) waivers can be complicated. If he is trying to navigate a 212(h) waiver without a lawyer, that is probably not a good strategy. Also, he is going to court? If so, the process as to applying for a 212(h) waiver and green card in court is different than if he is not in court. Consider discussing with an attorney.
Q: immigration office did a mistake and now i have to fill more paperwork out, plus pay money for it.what can i do?
Matthew Williams' answer
People applying for visas and green cards are often required to interview at the consulate in their home country. You may want to get an immigration attorney involved in this. Is your daughter legally present in the US or she somewhere else entirely? Are you even from Frankfurt? If she is here legally, you need to file to adjust her status and may be filing the wrong paperwork altogether.
People applying for visas and green cards are often required to interview at the consulate in their home country. You may want to get an immigration attorney involved in this. Is your daughter legally present in the US or she somewhere else entirely? Are you even from Frankfurt? If she is here legally, you need to file to adjust her status and may be filing the wrong paperwork altogether.
Q: What are my options to get residency and subsequently citizenship
Gary D. Godman's answer
You appear to have some possible options based on your marriage. However, without reviewing your entire immigration history and knowing the other details of your story, it's not possible to give a full diagnosis on this public website. Consider consulting with an immigration attorney near you so he/she can review the details.
You appear to have some possible options based on your marriage. However, without reviewing your entire immigration history and knowing the other details of your story, it's not possible to give a full diagnosis on this public website. Consider consulting with an immigration attorney near you so he/she can review the details.
Q: Need to know if senior above 65 years old has to satisfy 5 years of stay requirement before applying for citizenship?
Gary D. Godman's answer
Yes, they must wait for the regular 5 year period. Generally, the only time age is a factor is when it relates to the English and Civics requirements. For example, persons over 65 who have also been LPRs for 20 years do not have to take the English test, and they receive an easier version of the Civics test. If your parents became LPRs in 2014, this will not apply to them. Sounds like they need to wait until 2019. Take care.
Yes, they must wait for the regular 5 year period. Generally, the only time age is a factor is when it relates to the English and Civics requirements. For example, persons over 65 who have also been LPRs for 20 years do not have to take the English test, and they receive an easier version of the Civics test. If your parents became LPRs in 2014, this will not apply to them. Sounds like they need to wait until 2019. Take care.
Q: What is naturalization? Would this benefit and undocumented?
Andy Chen's answer
Naturalization = you become a US citizen. Many benefits come from being a US citizen, including the ability to work wherever you want and not have to worry about being deported.
Getting naturalized if you are undocumented is very, very difficult. You generally have to get a green card first (which is also difficult) and then wait several years before applying for naturalization.
Naturalization = you become a US citizen. Many benefits come from being a US citizen, including the ability to work wherever you want and not have to worry about being deported.
Getting naturalized if you are undocumented is very, very difficult. You generally have to get a green card first (which is also difficult) and then wait several years before applying for naturalization.
Q: Ex girlfriend wants to know how can she drop charges or have DV case dismissed against me.
Paul Stanko's answer
You and she have no options. Only the prosecutor can file or dismiss charges. You should have an attorney representing you. You always have the option of going to trial.
You and she have no options. Only the prosecutor can file or dismiss charges. You should have an attorney representing you. You always have the option of going to trial.
Q: Can a person who has been in the U.S. for 11 years become a permanent resident without being petitioned by family?
1 Answer
| Asked
in
Immigration Law, International Law and Social Security
for
Texas
on
Answered on Sep 20, 2016
Answered on Sep 20, 2016
Peter Munsing's answer
Doesn't look like you could adjust status. http://www.cuevalawfirm.com/blog/2015/2/13/how-to-become-a-lawful-permanent-resident-through-deferred-action
However, if you are seriously interested in one of the armed services, believe you are in shape to get through boot camp,
you may want to inquire if there is a waiver procedure that would allow you to enter the armed services.
The problem is that DACA has been somewhat put on hold by the State Attorney Generals...
Doesn't look like you could adjust status. http://www.cuevalawfirm.com/blog/2015/2/13/how-to-become-a-lawful-permanent-resident-through-deferred-action
However, if you are seriously interested in one of the armed services, believe you are in shape to get through boot camp,
you may want to inquire if there is a waiver procedure that would allow you to enter the armed services.
The problem is that DACA has been somewhat put on hold by the State Attorney Generals...
Q: I have a friend that came to america on a F1 visa and then applied for an OPT post visa and it was cancelled.
Jordan C. Moody's answer
After the F1 and OPT, it does not revert to an F1. From what I can tell from these facts, the person is now out of status and will have a 60 day grace period to leave or fix their status. Contact an immigration attorney so they can get all of the facts and give you the most accurate legal advice. This response does not constitute legal advice. Good luck!
After the F1 and OPT, it does not revert to an F1. From what I can tell from these facts, the person is now out of status and will have a 60 day grace period to leave or fix their status. Contact an immigration attorney so they can get all of the facts and give you the most accurate legal advice. This response does not constitute legal advice. Good luck!
Q: I am a citizen and want to sponsor J-1 visa to green card or change status to K.
Matthew J Hartnett's answer
These kinds of questions are difficult to answer with limited information. But in my 10 years of experience I have never seen anyone change status to K-1 because I honestly don't think it would be possible because you need an approved I-129F. The K-1 visa is typically used for people who are abroad to enter the USA to get married. Don't worry, but consider a consultation with an immigration attorney to evaluate further details of how to file. many of us offer free consultations.
These kinds of questions are difficult to answer with limited information. But in my 10 years of experience I have never seen anyone change status to K-1 because I honestly don't think it would be possible because you need an approved I-129F. The K-1 visa is typically used for people who are abroad to enter the USA to get married. Don't worry, but consider a consultation with an immigration attorney to evaluate further details of how to file. many of us offer free consultations.
Q: Is There Any Difference Between L1A Visa Extension And Filing Immigrant Form I-140 On Eb1C?
Matthew J Hartnett's answer
Yes, there is a big difference. L1A visa is nonimmigrant (temporary). EB1C is immigrant (to be a permanent resident).
Yes, there is a big difference. L1A visa is nonimmigrant (temporary). EB1C is immigrant (to be a permanent resident).
Q: Mt husband has been here for 8 years and he got a voluntary departure 7 years ago and he wants to get a visa now
Matthew J Hartnett's answer
Possibly, but some more information is needed. There have been some changes to the law recently regarding waivers of inadmissibility. Are you a US citizen?
Possibly, but some more information is needed. There have been some changes to the law recently regarding waivers of inadmissibility. Are you a US citizen?
Q: My green card has expired, shoul I still renew it or just apply for citizenship instead?
Andy Chen's answer
There's no way to answer this as whether to become a US citizen or not is an immensely personal decision. Check to make sure you are eligible to become a US citizen in the first place. If you aren't eligible for some reason, then the decision has been made for you as to what to do.
There's no way to answer this as whether to become a US citizen or not is an immensely personal decision. Check to make sure you are eligible to become a US citizen in the first place. If you aren't eligible for some reason, then the decision has been made for you as to what to do.
Q: I was an international student with f1 visa
Matthew Williams' answer
What exactly do you mean when you say you were discharged from the program? Were you then sentenced? And, if so, did you serve your sentence? If there is a warrant for you, it will be a problem when you try to get a new visa. If you were simply sentenced to a fine or probation and completed that, it really shouldn't be for a single marijuana offense.
It does sound like you were arrested.
What exactly do you mean when you say you were discharged from the program? Were you then sentenced? And, if so, did you serve your sentence? If there is a warrant for you, it will be a problem when you try to get a new visa. If you were simply sentenced to a fine or probation and completed that, it really shouldn't be for a single marijuana offense.
It does sound like you were arrested.
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