Immigration Law Questions & Answers

Q: I am a US citizen you receives government assistance can an immediate family member file for an affidavit of support?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Sep 23, 2018
Paul Ferrell Jr's answer
You should file an I864 and ,provided she can document that she herself is solvent, your sister can file a supplemental affidavit to yours.Good luck to all of you.

Q: Hello, am I legally married if my "husband" told the ebassy in his country he is already married? I just found this out

1 Answer | Asked in Divorce and Immigration Law for Florida on
Answered on Sep 22, 2018
Terrence H Thorgaard's answer
If he was married to someone else when he married you, the marriage with you would be void.

Q: Can a Canadian citizen be sponsored as a certified nursing assistant in the USA to apply for a workers visa?

1 Answer | Asked in Immigration Law on
Answered on Sep 21, 2018
Hector E. Quiroga's answer
Your plan depends on the need for CNAs in the US. If there is a high demand and not enough individuals with the necessary skills in the US, then your chances of immigrating through work go up. That’s true for any position. Most employment visas are geared toward skilled workers, those with advanced degrees; however, there are some for the unskilled, and if workers are needed and a visa is available, you can usually find a pathway.

Q: Does Proof of Income for Sponsoring a Spouse Have to Come Directly From Tax Returns?

1 Answer | Asked in Immigration Law on
Answered on Sep 21, 2018
Hector E. Quiroga's answer
Two things will be requested—evidence of past income as well as of current income. Your 2017 taxes will serve for past income, and pay stubs or an employment letter will serve as evidence for current income. If you can’t show that you meet the requirements based on your income, you can use assets to make up the difference of find a joint sponsor.

Q: is there a way around the medical liability if you co-sponsor some ones wife to come to America

1 Answer | Asked in Immigration Law for Texas on
Answered on Sep 21, 2018
Amber Hardy's answer
Your responsibility as a sponsor lasts until the immigrant becomes a U.S. citizen or has earned 40 work quarters credited toward Social Security (which is about 10 years), dies, or permanently leaves the United States. If something happens before then the government or immigrant can take you to court. Therefore until one of the above happens you would be held accountable and there isn't really any way around it.

Q: My H1B visa expires on October 25th, 2018. Can I marry if I'm out of status?

2 Answers | Asked in Immigration Law for Florida on
Answered on Sep 21, 2018
Kevin D. Slattery Esq.'s answer
Visa overstay can be forgiven in the context of a petition for relative / application to adjust status case when the relationship is that of marriage to a U.S. Citizen petitioner. I recommend that you consult with a competent immigration attorney in an attorney office setting, so that an attorney can discuss the fine details of your case in private (not online).

Q: If I apply for EB-1A green card prior to adjusting status to an approved O-1 visa, could it affect my transition to O-1?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Sep 19, 2018
Hector E. Quiroga's answer
The first step in getting the green card through an employment visa is to have your employer file the I-140, Petition for Alien Worker. That can take a while to adjudicate. You can stay in the country while that is being processed as long as you have valid nonimmigrant status; it doesn’t matter which one.

You should be able to file concurrently, yes.

Q: can I still apply as my mother’s dependent to get a green card if I am over 21?

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Sep 19, 2018
Hector E. Quiroga's answer
Your mother can petition for you once she becomes a resident. The process will take longer once you turn 21. It can be done outside the US. We recommend that you speak with an immigration attorney before you leave the US to see what your options are based on your particular circumstances.

Q: What is the legal definition of an “undocumented alien”?

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Sep 19, 2018
Hector E. Quiroga's answer
The agency probably assumes he is undocumented because you didn’t submit his SS#. If he is a permanent resident, he is a legal alien.

It is hard to say what the agency wants. Your best bet might be to go the office with which you are working or write a letter to explain the situation.

Q: Solid financial information for sponsoring a fiance?

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Sep 19, 2018
Hector E. Quiroga's answer
The $16,400 figure is for active military service members who are sponsoring a spouse or minor child. It is 100% of federal poverty for a household of 2. 125% of federal poverty for a household of two is $20,575. For a household of four it is $31,375. It doesn’t matter how many jobs you have, so long as you meet the obligation. You can also include assets or get a joint sponsor.

Q: My questions related with regard of Visa to us and asylums

1 Answer | Asked in Immigration Law for California on
Answered on Sep 19, 2018
Hector E. Quiroga's answer
1. It is possible to get a visa to come to the US; the problem is nonimmigrant visas are for temporary visits, and by applying for asylum you’ve signaled your intent to stay in the US.

2. If you leave the country after applying for asylum, you effectively abandon your application.

3. Your husband can apply for asylum if he is eligible, yes.

4. You cannot have an asylum interview in your home country.

Q: Entering USA after Voluntary Departure and a record? Marry to a US Citizen.

2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Answered on Sep 19, 2018
Hector E. Quiroga's answer
He was granted voluntary departure, so he wasn’t deported; that’s good. He probably will need a waiver to overcome the unlawful presence issue, but there is nothing that you mentioned that would suggest he couldn’t eventually come back to the US.

Q: Hi I’m wondering how go by bringing my husband back on a visa he was charge with conspiracy did time then deported

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Sep 17, 2018
Kevin L Dixler's answer
Some parents can never return to the U. S. There are times when exceptional work is undertaken with quite a few hours invested to overcome a permanent bar. A conspiracy to commit a crime can be a permanent bar without substantial work and patience. This, to prove to the satisfaction of the USCIS that a situation exists. This requires relevant documentation. This also takes more time than clients expect.

This seems like a job for an immigration attorney. As a result, I strongly...

Q: Is it mandatory for him to have with him the GC (rather than Travel Document) while re-entering the US?

1 Answer | Asked in Immigration Law for Connecticut on
Answered on Sep 17, 2018
Hector E. Quiroga's answer
To be clear, the idea isn’t that your father can be out of the US until May 2019 but rather that he can use if for reentry up until that time. In any case, he should be able to use it to come back, and he should be able to use the green card, too. The biggest issue with the green card is how securely it could be sent to where he is.

Q: Offense number 16-5-23-1

1 Answer | Asked in Immigration Law for Georgia on
Answered on Sep 17, 2018
Hector E. Quiroga's answer
It is impossible to say. It would be better if you explained what crime that number represents and whether or not you were convicted of it.

Q: How many time do you have to send your papers to USCIS after getting married ?

1 Answer | Asked in Immigration Law for Tennessee on
Answered on Sep 17, 2018
Hector E. Quiroga's answer
It is highly unlikely that your case will be denied because you overstayed your visa. It is highly unlikely that your being out of status will affect you in any way. If you were detained, you could be deported, but really; that is unlikely.

Q: F1 Visa has been revoked under strange circumstances. What do I do next?

1 Answer | Asked in Immigration Law for Louisiana on
Answered on Sep 17, 2018
Hector E. Quiroga's answer
The pending case in enough for the government to revoke your visa. That in and of itself should not impact you—a visa only allows you to enter another country—unless you leave the US for any reason. Then you would need to apply for another visa to come back.

If you are convicted of the charges, that’s another story. You could be deported based on that.

Q: If a US citizen marries a Malaysian citizen, in Malaysia, will the marriage be recognized here?

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Sep 17, 2018
Hector E. Quiroga's answer
Generally, no. The US recognizes marriage performed abroad as long as they are recognized as legitimate marriages in the jurisdiction in which they are performed.

Q: I just got married to my boyfriend, he is a united states marine. What are the next steps to get my legal statues fixed?

1 Answer | Asked in Family Law, Immigration Law and Military Law for New York on
Answered on Sep 17, 2018
Hector E. Quiroga's answer
You don’t say whether or not you came without authorization, but if so you can apply for a benefit called “parole in place”, which could, based on your being married to an active duty Marine, essentially erase an unlawful entry. Once you have that, you can apply for a green card at the same time your husband files an immigrant visa petition. If you entered lawfully, i.e. with a visa, you would not need to apply for parole in place.

We recommend you consult with an immigration...

Q: Can you get married to an illegal immigrant in Illinois?

2 Answers | Asked in Immigration Law for Illinois on
Answered on Sep 15, 2018
Iskra Panteva's answer
Yes. You can get married to an illegal immigrant, and he can pursue immigration benefits. For more information, you should contact an experienced immigration attorney.

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