Immigration Law Questions & Answers

Q: My foreign friend with a B2 visited the US last year twice. Will they be denied entry if they try to visit after 6 month

1 Answer | Asked in Immigration Law for California on
Answered on Apr 28, 2017

There is a presumption of immigrant intent, as a matter of law, each time a foreigner applies for admission to enter the U. S. A trip for more than 150 days is significant, even if it is allowable. What this means is that this friend may be asked to sit on a bench, wait, and answer questions.

If the friend violated the terms of their previous non-immigrant visitor B2 or B2 visa waiver admission, then CBP can find them inadmissible, issue a ruling denying them future entry, cancel the...
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Q: Hi, after coming back from 2 year expat program how long until I can leave US for a short team again w/o loosing gc?

1 Answer | Asked in Immigration Law for California on
Answered on Apr 27, 2017

First, you are not an ex-patriot, because you have yet to naturalize and become a U. S. Citizen. You are a permanent resident as long as you can prove that you maintain a permanent residence in the U.S. and plan to stay in the U.S. A significant gap after the use of a re-entry permit can result in deferred inspection. You are not entitled to attorney representation during a deferred inspection, but you may get lucky if an attorney is allowed to observe the process. This is not always...
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Q: I have a question about U.S immigration

1 Answer | Asked in Immigration Law for Florida on
Answered on Apr 27, 2017

No, the U. S. Citizen Child can petition for their foreign born mother after the child reaches 21 years of age. However, the mother must prove that she is out of the U. S. for more than ten years at the time of the visa interview. Otherwise, proof of extreme hardship to a U. S. Citizen/permanent resident spouse or parent is usually required at a minimum. In some situations, the parent must remain outside the U. S. for the full ten years, because the child's hardship does not matter based...
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Q: What is the sentence for ilegal re entry? Is it always 2 years?

2 Answers | Asked in Immigration Law for New York on
Answered on Apr 26, 2017

NO! There is no such thing as a standard sentence. The Dept. of Homeland Security (DHS) issued new rules recently, called guidelines.

The new guidelines also give immigration officials broad latitude to deport anyone who they deem “poses a risk to public safety or national security.” The guidelines codify and expand upon a pair of executive orders signed by Trump to rapidly escalate deportations of undocumented immigrants, a push that has already reportedly started with sweeps in...
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Q: I'm 17 years old in colorado, i want to marry a 29 year old to help gain their citizenship. Is it legal?

2 Answers | Asked in Family Law, Immigration Law and Criminal Law for Colorado on
Answered on Apr 26, 2017

Until you are 18 you will need parental/guardian consent. You can also seek approval from a judge prior to turning 18, but this seldom occurs for obvious reasons. At 18 you are welcome to do what you want. Be aware that naturalization of an alien for federal law requires significantly more than simply being married. Here is a link to the USCIS (immigration) website: https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens .
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Q: hi. I would like to know visa administrative processing time.

2 Answers | Asked in Immigration Law for New York on
Answered on Apr 26, 2017

This is complicated and there are personal issues that should be worked out over time, not based upon a Justia "Ask a Lawyer" query. The Executive Order is not the issue, since that order was stopped in Federal Court. The issue is the vetting that may take place in spite of the order. There were visa applicants who must go through additional review. If you are one of them, then it may take longer, but how long is unclear. It may not take long, but this post is vague, so it is best for a...
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Q: Am I responsible for my foreign wife who has no green card, if she leaves my home and resides somewhere else in America?

1 Answer | Asked in Immigration Law for South Carolina on
Answered on Apr 26, 2017

This is a question best asked in the privacy of an office, since all of the facts remain unclear. There are things that you can do to withdraw the I-864, but you may want to think about it, since she can self petition, where there is arguable abuse. Whether she is approved is another matter; you can't intervene on an abused spouse petition, since the evidence must be evaluated without your interference. That said, please continue to read, since it may help your marriage and her emotional...
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Q: Will I be detained or arrested at Dulles airport for a non extraditable misdemeanor warrant from October 2015 in DC?

1 Answer | Asked in Criminal Law and Immigration Law for Virginia on
Answered on Apr 26, 2017

I would recommend you contact an attorney who is specifically licensed and practices in D.C. I would also advise that regardless of whether you get stopped at the airport this time, you should consult privately with an attorney to try to resolve the issue of the outstanding warrant. Anytime you have an outstanding warrant, you run a risk of being arrested at any time during any interaction with law enforcement, including at times and in situations that could be inconvenient to you. Until you...
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Q: Can I postpone the naturalization oath ceremony?

1 Answer | Asked in Immigration Law for Texas on
Answered on Apr 25, 2017

the likelihood of the ceremony being scheduled at the time of you vacation is very slim. Go to your interview and if it happens you can postpone the ceremony. In general, absent a life or death emergency, you are allowed to reschedule once. I also suggest you let the adjudicating officer know of your scheduled vacation when you are at your interview. The officer can make sure your ceremony is not scheduled at the time of your vacation.
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Q: I married my wife from El Salvador in 09/2012. I was born and raised in Texas. However, she has an Order of Deportation

1 Answer | Asked in Immigration Law for Texas on
Answered on Apr 25, 2017

I suggest you consult with an experienced immigration attorney in your area. The place to begin is filing an I-130 and getting that approved. You will then need to file to reopen the deportation case to have it administratively closed so that she can apply for a provisional waiver. You have not provided the facts of the case, specially why she was deported, so the foregoing may not be possible.
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Q: my i751 was approved 2 years ago. never received a notice and card was never sent for production. what should i do

1 Answer | Asked in Immigration Law for Georgia on
Answered on Apr 25, 2017

file a FOIA and get a copy of your A File. From the file print ut a copy of the approval and request a replacement card.
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Q: I am married with an American citizen for 4 years with green card for 10 years, and have a 17 years son.

1 Answer | Asked in Immigration Law for South Carolina on
Answered on Apr 25, 2017

Your son must first be an LPR. You have not stated whether he is. He will become a Naturalized citizen when you become a citizen. He must file the N-600 and get his Certificate of Naturalization.
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Q: Age 70 only income is SS (below poverty line) & receive medicaid. What addtl proof needed for fee waiver of I-90 renewal

1 Answer | Asked in Immigration Law for Georgia on
Answered on Apr 25, 2017

You must complete form I-912P. provide all supporting documents listed in the instructions.
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Q: I entered the US in 1991 at the age of 19 on a visiting visa, I later filed for asylum and was granted. I later signed

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Apr 25, 2017

After one year with asylum status you should apply first for your LPR status. You must be an LPR before you can become a USC.
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Q: I applied for citizenship and awaiting for interview appt. My grn crd expires in weeks. can i get an extension?

1 Answer | Asked in Immigration Law for California on
Answered on Apr 25, 2017

The general rule is that if you did not apply for your NATZ while your green card had 6 months remaining you must apply to renew it in the event that it expires before your NATZ. For employment purposes it sounds like you need to renew as well.
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Q: H1B Transfer

2 Answers | Asked in Employment Law and Immigration Law for New York on
Answered on Apr 24, 2017

You need to consult with an immigration lawyer well versed in old and new immigration laws and policies.
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Q: Husband on visitors visa and needs to leave before filling AOS

1 Answer | Asked in Immigration Law for Oregon on
Answered on Apr 24, 2017

This is unfortunate. It can take three to four months, perhaps longer, before he may secure an advanced parole document to travel. It can take a year or more to return with an immigrant visa through the U. S. Embassy in Algeria. He must process through the USCIS, then then National Visa Center, then the Embassy, then enter the U. S. If there any additional complications, then there can be additional delays, where you may live away from each other.

I strongly recommend an appointment...
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Q: i am a permanent resident since nov 1986, married to citizen for almost 4 years. I want to apply for n400 however

1 Answer | Asked in Immigration Law for New York on
Answered on Apr 24, 2017

There is a five-year lookback period for good moral character and if you apply as the spouse of US citizen it is only a three-year lookback period. However, a criminal conviction outside of the look-back period could still have an impact on your case depending on the charge. I would not file an N-400 without consulting an attorney regarding the immigration consequences of your 2011 conviction.
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Q: What is the alternate solution for rejection 212 (A)(4)?

1 Answer | Asked in Immigration Law for Florida on
Answered on Apr 24, 2017

When you are prepared to establish a residence in the United States, refile. Legal Permanent RESIDENCE means residence.
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Q: I just started the process of going to become a US citizen. They said it would take 10 months to a year.

1 Answer | Asked in Immigration Law for Iowa on
Answered on Apr 24, 2017

The general rule is that if you file for NATZ 6 months before the expiration date of your green card you do not need to renew. If you filed with less time on your card then you need to renew it.
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