Immigration Law Questions & Answers by State
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Immigration Law Questions & Answers
Q: I have BREACH Of PEACE DISORDERLY CONDUCT. withheld. and I have a green card are that can make me deported?
Kevin D. Slattery Esq.'s answer
The answer is probably no, but you should bring certified copies of the police arrest report, charging document, plea agreement (if applicable) and final judgment and sentence to a competent immigration attorney who can evaluate them. The way that one state words its breach of peace/disorderly conduct statute may not be the way another state words its breach of peace/disorderly conduct statute, and the government evaluates state law according to how it matches up against federal law. In your...
The answer is probably no, but you should bring certified copies of the police arrest report, charging document, plea agreement (if applicable) and final judgment and sentence to a competent immigration attorney who can evaluate them. The way that one state words its breach of peace/disorderly conduct statute may not be the way another state words its breach of peace/disorderly conduct statute, and the government evaluates state law according to how it matches up against federal law. In your...
Q: Asking for i912 waiver on form i485 for my adjustment of status would it backfire when it comes to immigration interview
Kevin D. Slattery Esq.'s answer
There are only a couple of categories of cases for which the I-485 filing fee may be waived by using Form I-912. In relevant part, the instructions to Form I-912 provide:
Form I-485, Application to Register Permanent Residence or Adjust Status. A fee waiver is only available if you are
applying for lawful permanent resident status based on:
A. Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Interpreter, or Afghan or Iraqi
National...
There are only a couple of categories of cases for which the I-485 filing fee may be waived by using Form I-912. In relevant part, the instructions to Form I-912 provide:
Form I-485, Application to Register Permanent Residence or Adjust Status. A fee waiver is only available if you are
applying for lawful permanent resident status based on:
A. Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Interpreter, or Afghan or Iraqi
National...
Q: If someone divorces right after getting 2 year green card will they still get the second one?
Roger Carl Algase's answer
This depends on numerous details relating to the good faith of the marriage relationship and reason for the divorce which need to be discussed fully and carefully with an experienced immigration lawyer.
This depends on numerous details relating to the good faith of the marriage relationship and reason for the divorce which need to be discussed fully and carefully with an experienced immigration lawyer.
Q: Query about paying my attorney fees?
Roger Carl Algase's answer
No problem with this. Many of my own H-1B clients have this type of arrangement with their employers.
No problem with this. Many of my own H-1B clients have this type of arrangement with their employers.
Q: My wife left me for another men shes living whit him can I sue her for cheering or for abandoned me I'm disavailable?
1 Answer
| Asked
in
Divorce, Family Law and Immigration Law
for
California
on
Answered on Jun 25, 2017
Answered on Jun 25, 2017
Ali Ebrahimzadeh, Esq.'s answer
You can file for a divorce, but you cannot sue for cheating or leaving a spouse; though if she asks for alimony, you may use these facts to contest alimony, depending on the details. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA,...
You can file for a divorce, but you cannot sue for cheating or leaving a spouse; though if she asks for alimony, you may use these facts to contest alimony, depending on the details. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA,...
Q: What entrepreneurship options do I have as a current H-1B software developer?
Roger Carl Algase's answer
Entrepreneur visas allowing you to be your own boss in America are not easy to come by and are subject to many restrictions. Depending on which country you are from and how long it would take to get a green card through labor certification, you might try looking for a company that would be willing to sponsor you for a labor certification green card as an employee, so you could get your green card and be free to work in any capacity or career in the U.S. that you wish.
Entrepreneur visas allowing you to be your own boss in America are not easy to come by and are subject to many restrictions. Depending on which country you are from and how long it would take to get a green card through labor certification, you might try looking for a company that would be willing to sponsor you for a labor certification green card as an employee, so you could get your green card and be free to work in any capacity or career in the U.S. that you wish.
Q: I have filed the I-864 and all relevant prior documents were approved for spousal permanent visa, married to US Citizen,
Roger Carl Algase's answer
If you oppose vaccines on religious grounds, you are already in harmony with the spirit of all too many less educated Americans who have various types of attitudes against vaccines and who also put Donald Trump in the White House. Once you become eligible, after living in this country for the requisite period of time, your U.S. citizenship application should sail right through!
If you oppose vaccines on religious grounds, you are already in harmony with the spirit of all too many less educated Americans who have various types of attitudes against vaccines and who also put Donald Trump in the White House. Once you become eligible, after living in this country for the requisite period of time, your U.S. citizenship application should sail right through!
Q: Trick problem: I have a J-1 restriction and also overstayed my Tourist visa this year after marry. What to do?
Michael Hugh Carlin's answer
We would need to review your immigration history completely to be able to give you an answer to your question. Part of the issue depends on the type of J-1 visa that you had, and the specific exchange program under which you obtained the J-1 visa. If it turns out that you are eligible for a waiver of the 212e requirement that you return to your home country for 2 years, and if you are granted the J waiver, then, the next question is whether you have any other grounds of inadmissibility. If...
We would need to review your immigration history completely to be able to give you an answer to your question. Part of the issue depends on the type of J-1 visa that you had, and the specific exchange program under which you obtained the J-1 visa. If it turns out that you are eligible for a waiver of the 212e requirement that you return to your home country for 2 years, and if you are granted the J waiver, then, the next question is whether you have any other grounds of inadmissibility. If...
Q: Hi. I have a passport from Iran and was tonight traveling to Canada to visit sister. The officer at LAX did not allow me
Roger Carl Algase's answer
What was the name of that president of the United States again? If you are from a Muslim country, now you know why you were stopped, even though it was illegal for the immigration officers to stop you because of your nationality or religion, especially since you are a green card holder.
What was the name of that president of the United States again? If you are from a Muslim country, now you know why you were stopped, even though it was illegal for the immigration officers to stop you because of your nationality or religion, especially since you are a green card holder.
Q: What forms do I need to fill out to apply for a green card through marriage?
Leonard R. Boyer's answer
Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you...
Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you...
Q: I married my wife in Mexico. In 2015 she came in 2016 as thrust and we got married here in Texas and she wnt back to me.
Juan Antonio Lozada's answer
One of the conditions of the tourist visa is an intent to return to the home country after a short visit. If a person enters the US with a tourist visa and already have an intent to immigrate, this would be considered fraud and could create a lot of problems when times comes to adjust her status. Assuming you are already a United States Citizen,I would recommend that you file the petition for alien relative I-130 and request consular processing. I don't know your wife's immigration history so I...
One of the conditions of the tourist visa is an intent to return to the home country after a short visit. If a person enters the US with a tourist visa and already have an intent to immigrate, this would be considered fraud and could create a lot of problems when times comes to adjust her status. Assuming you are already a United States Citizen,I would recommend that you file the petition for alien relative I-130 and request consular processing. I don't know your wife's immigration history so I...
Q: a friend married on b2 to US citizen and return to home country . he back now how soon can he file?
Lindsay G Gray's answer
He wait until at least 61 days after his entry to apply. However, he should speak to an attorney and make sure to discuss his most recent entry to make sure there are no issues. Best of luck to him!
He wait until at least 61 days after his entry to apply. However, he should speak to an attorney and make sure to discuss his most recent entry to make sure there are no issues. Best of luck to him!
Q: What is adjustment of status?
Jordan C. Moody's answer
Adjustment of status is when a non-immigrant visa holder "adjusts status" to that of a legal permanent resident, or green card holder. An example would be a student visa holder marrying a U.S. citizen and "adjusting status" to that of a legal permanent resident green card holder, based on their marriage to a U.S. citizen. Adjustment of status is not to be confused with a "change of status" which is when a non-immigrant visa holder changes status to that of another non-immigrant visa. In other...
Adjustment of status is when a non-immigrant visa holder "adjusts status" to that of a legal permanent resident, or green card holder. An example would be a student visa holder marrying a U.S. citizen and "adjusting status" to that of a legal permanent resident green card holder, based on their marriage to a U.S. citizen. Adjustment of status is not to be confused with a "change of status" which is when a non-immigrant visa holder changes status to that of another non-immigrant visa. In other...
Q: Green card through marriage
Roger Carl Algase's answer
If you came to the US with a J-1 visa, depending on what country you are from and what J-1 program you came with, you might be subject to the 2-year foreign residence requirement and need to apply for a waiver of that requirement before you can get a green card. You should look into this with the help of an experienced immigration lawyer.
As for your marriage green card interview, that would normally take place at the nearest immigration office to where you live, i.e. Indianapolis.
If you came to the US with a J-1 visa, depending on what country you are from and what J-1 program you came with, you might be subject to the 2-year foreign residence requirement and need to apply for a waiver of that requirement before you can get a green card. You should look into this with the help of an experienced immigration lawyer.
As for your marriage green card interview, that would normally take place at the nearest immigration office to where you live, i.e. Indianapolis.
Q: Job title and duties change while Green card process
Roger Carl Algase's answer
The answers to these questions depend entirely on the specifics of the job offer and the new proposed duties, and they should be discussed with the lawyer handling that case. There is no one size fits all answer in this type of situation.
The answers to these questions depend entirely on the specifics of the job offer and the new proposed duties, and they should be discussed with the lawyer handling that case. There is no one size fits all answer in this type of situation.
Q: I was granted deferral of removal under CAT, with new administration can that be revoked?
Roger Carl Algase's answer
In the "Donald Trump Era", anyone in this situation should be concerned about being detained, and should seek the advice of an experienced deportation lawyer before reporting to DHS. While our 45th president might not necessarily be hostile to immigrants of European ancestry, being married to one (whose own immigration history has, rightly or wrongly, been questioned in the media); and he certainly has no reason to be opposed to immigrants from Russia, if allegations now under investigation by...
In the "Donald Trump Era", anyone in this situation should be concerned about being detained, and should seek the advice of an experienced deportation lawyer before reporting to DHS. While our 45th president might not necessarily be hostile to immigrants of European ancestry, being married to one (whose own immigration history has, rightly or wrongly, been questioned in the media); and he certainly has no reason to be opposed to immigrants from Russia, if allegations now under investigation by...
Q: I am a US citizen and I have a girlfriend from another country where I recently visited. I want to marry her.
Kevin D. Slattery Esq.'s answer
Government processing times can differ by several months between a case where you are already married (Petition for Relative followed by immigrant visa consular processing and/or K-3 visa processing) and a case where you are not already married (Petition for Fiance(e) followed by K-1 visa processing and thereafter adjustment of status). What would be best is for you to discuss your concerns with a competent immigration attorney at a consultation. If your fiancee or, in some cases you - the...
Government processing times can differ by several months between a case where you are already married (Petition for Relative followed by immigrant visa consular processing and/or K-3 visa processing) and a case where you are not already married (Petition for Fiance(e) followed by K-1 visa processing and thereafter adjustment of status). What would be best is for you to discuss your concerns with a competent immigration attorney at a consultation. If your fiancee or, in some cases you - the...
Q: How long does it take for a marriage visa? What is the average price start to permanent resident.
Michael Hugh Carlin's answer
A realistic time frame is about 12 to 15 months. Regarding fees, it is not appropriate to quote fees on a public online forum. I suggest that you consult directly with one or more experienced immigration attorneys regarding fees. Best wishes!
A realistic time frame is about 12 to 15 months. Regarding fees, it is not appropriate to quote fees on a public online forum. I suggest that you consult directly with one or more experienced immigration attorneys regarding fees. Best wishes!
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