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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Maryland on
Q: please help

i have a girlfriend who is 37 with 2 kids she came here three years ago but she never renew the visa so she can not get citzenship she is also married but she wants to divorce him but he threaten to take her kids and he said if she goes back to her country he will have her killed he even said he... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jul 15, 2020

There are international child abduction laws that would prohibit that. Your girlfriend needs to consult a family law lawyer to take steps to prevent that. Court orders in addition to placing a hold on her children’s passports etc are some of the steps to take. A family law lawyer needs to be... Read more »

2 Answers | Asked in Immigration Law and Traffic Tickets for Illinois on
Q: Do amendments to work permits for asylum renewal include misdemeanor crimes, felonies, and traffic offenses,

The question is in the recent amendments to the law to renew the work permit for asylum. Does it include speed violations such as aggravated speed Is it prohibited to renew this work permit before the start of Resolution 25 August 2020?

Juan Ooink
Juan Ooink answered on Jul 14, 2020

This is something you need to discuss with an Immigration Attorney. The sooner you do this, the better.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: Hi. I have a question about changing my status and applying for green card based on marriage.

I'm from South Korean and right now I'm in the states with J1 visa participating in Aupair program. I came here in May 2018 and after one year, I extended the program for one more year. So I was going to be done with the program in May 2020 but then Covid19 broke out. So DOS allowed... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 14, 2020

You may remain in the USA and adjust through your USC spouse. Because your adjustment is through a USC immediate relative you will not be charged with any overstay or out of status time.

Your extension remains a lawful status.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Hi I have a question about changing my status and applying for green card based on marriage.

I'm from South Korea and right now I'm in the states with J1 visa participating in Aupair program. I came here in May 2018 and after one year, I extended it for one more year. So I was going to be done in May 2020 but then Covid19 broke out. So DOS allowed in-country Aupairs to extend for... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jul 14, 2020

If the 2 year return home rule does not apply then you can. The K visa application you filed would be rejected as invalid. The fiancé visa is for foreign national fiancés living abroad who would be processing at their home consulate. You live here so you wouldn’t qualify. Retain counsel for... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: My L1 Visa will expire in Oct My Wife works under the Visa Her work will provide her TN Can i stay under her TN?

I am also applying for EB1 Green Card in July and am from Canada

Will the loss of the L1 affect the EB1 Application

Will my wife transitioning to a TN affect the application?

Kyndra Mulder
Kyndra Mulder answered on Jul 14, 2020

In general; You must have a current valid visa at the time you change your category OR if timely filed the new status may be retroactive so that you are not considered out of status.

You wife's TN should have no impact on your application. However, the sevice does have discretion to...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Immigration annulment

I got married last October and the marriage sadly ended right away, I filed for a annulment about two months ago and let him know about it before filing. I got married to a man who was here on a 6 month visa by the time we got married it was expired, he got served last week and he called me today... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 14, 2020

Your soon to be ex husband has no status in the country and can be removed at any time. However, he is very low on the priority list of those to remove unless he has committed a crime.

Secondly, you also need to be aware that marriage fraud is a federal felony. Your husband is asking you to...
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1 Answer | Asked in Immigration Law for New York on
Q: Can I apply for US Citizenship? My father became US Citizen back in 2017 when I was still 17 (Im a GC holder), I’m 20.

Im a green card holder since 2013, but I went back to my country with a reentry permit every year. In 2019, I decided to come to the US and live here for good. My dad became a US Citizen in 2017 when I was 17 years old. I am now 20 years old, turning 21 on August, but could I still apply for US... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 13, 2020

Based on the information you have provided it is likely you ae a USC through your father. If this is the case you need to file the N-600. I suggest you consult with an experienced immigration attorney to confirm the foregoing.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Green card holder stuck abroad

Hi

I am a lawful resident that went to visit my family abroad in February and got stuck due to COVID-19. I am nearly 180 days outside the United States and not sure I can be back before they open the airport here. Can I be denied entry back to the states and be considered as abandoning my... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 13, 2020

The US government is well aware of the situation and that many LPR's are victims of the same circumstance. Even so, contact your US consulate and advise them of your situation. Keep a record that you did so. Also keep a record to indicate that you have maintained a residence inside the USA.... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Question about pending I-751 after RFE received

Hi,

l have question about after sending I-751 RFE, l send RFE to USCIS and they receive them on April 9 2019, but they don't give any update information about it so far, it nearly like 400 days spend, is there some problem that make it stuck on it? do l need call the customer service... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 13, 2020

Depending on the subject matter of an RFE you file may not be considered filed until the service receives a response to the RFE. If considered newly filed upon the receipt of the RFE you ae kicked back in line after everyone else who has filed.

The online updates ae not reliable. I hope...
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1 Answer | Asked in Immigration Law for Georgia on
Q: I previously applied for permanent resident but I got divorced from my ex before our interview but I got married again

Does the first case has anything to to again or do I have to file a case to cancel the first one

Kyndra Mulder
Kyndra Mulder answered on Jul 13, 2020

You need to dismiss the first case and you and your wife file a new case. Pursuant to your new application/petition you will need to file documentation to support the legitimacy of the first marriage as well as the second.

2 Answers | Asked in Immigration Law on
Q: I am marrying my fiance, who is an F1 visa holder. Is it possible to be married in the state of SC?

I am a naturalized citizen. We have been together for over 2 years and intend to stay with her for life.

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jul 13, 2020

Good morning. You can definitely marry your fiancé in SC or any state. There are no restrictions on where you can get married.

After marriage, you can petition for your wife to adjust her status. Adjustment of status through marriage is my main practice area. Feel free to contact me for a...
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1 Answer | Asked in Gov & Administrative Law and Immigration Law for Maryland on
Q: How will the new covid-19 update from Trump administration for f-1 visa impact those with i-485 status?

Hello, I am currently an international student with f-1 visa. Our college has decided that we will first operate with a hybrid model, and then go fully online after Thanksgiving break. I am also in the process of achieving a green card (i-485 status) from my parents who are also holders of green... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jul 12, 2020

Hi, if you have already applied to adjust status, you are no longer considered an F1 student for the purpose of this new rule. This means that you can take your hybrid courses without worrying about leaving the U.S. or losing your F1 status. As a green card holder, you will be able to attend school... Read more »

1 Answer | Asked in Immigration Law for Arizona on
Q: What is the average processing time for me a US citizen to get a green card for my wife who has over stayed her visa?
Stephen Arnold Black
Stephen Arnold Black answered on Jul 12, 2020

As a US citizen spouse sponsoring a foreign national, your wife would be considered an immediate relative. Currently it’s taking about a year from the filing until the interview date but maybe longer due to the covid crisis.

1 Answer | Asked in Immigration Law for Illinois on
Q: I am a US citizen, how long would it take to get a green card for my wife who has over stayed her visa?

We are planning to move to Chicago and needed to know how long it would take to process her green card from there.

Stephen Arnold Black
Stephen Arnold Black answered on Jul 12, 2020

A US citizen can sponsor his foreign national spouse despite that she overstayed her visa and provided no grounds of inadmissibility otherwise exist (ie crimes, etc). The current processing time is taking at least one year from the time of filing and most likely a wee bit longer due to the covid... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: Hello

You

I have obtained my green card through asylum but after when I got my green card situation in my country has changed against me so I traveled back in forth a lot Lets say in last five years I stayed in US for 7 to 9 months and went back stayed there for 6 months now Im thinking to apply... Read more »

Moses Apsan
Moses Apsan answered on Jul 11, 2020

Count the exact days you were out before you file. You may save time and money. If you apply under the 3-year rule, then you will have to have physically resided in the U.S. for a period of 18 months, and during this time never remained out of the U.S. for a period of greater than 6 month. . If... Read more »

3 Answers | Asked in Immigration Law for Illinois on
Q: I have a question about I-864A joint sponsor. I hope someone can help me to understand.

Last month, I got married to US Citizen and she does not meet minimum income requirements. Thereafter, I talked to my uncle and he said he and his wife together makes about 35,000 a year in total household income for year 2019 based on IRS tax filling. And, this was only for year of 2019.My uncle... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 10, 2020

It is wise to reach out for help, but I recommend that you take this matter more seriously. More information is needed, but there can be a challenge.

I strongly recommend an appointment with a competent and experienced immigration attorney who can take the time to carefully review before...
Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: I am a naturalized US citizen since 2019. sponsoring my wife for green card.Should I write old A-number on i-130, 1-864?
Kyndra Mulder
Kyndra Mulder answered on Jul 10, 2020

Read the application carefully. Do not use your A number whee it asks for the beneficiary A number. As a USC you do not need to list your A number. However you should include a note on the final page that as a naturalized citizen you had an A number and it is:.......

2 Answers | Asked in Immigration Law on
Q: Advice for how my Colombian fiancee can pass his next tourist visa interview?

I'm a legal permanent resident. During his first tourist visa interview my fiancee, then boyfriend, said his intention to travel to the US was to meet his girlfriend's family. We later realized this was a big no no because officers then assume travelers just want to get married and stay... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 10, 2020

No legitimate attorney is going to advise you to deceive a government official.

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1 Answer | Asked in Immigration Law for Oregon on
Q: My passport from Venezuela expired & I have I-751 case pending. I cannot renew my passport. Can I get a travel doc?

Since Venezuela does not currently have working consulates in the US where I could renew my passport, can I apply for a I-131 travel document that would replace my passport if I intend to travel overseas, Europe for example? I will also be eligible to apply for naturalization in September. Would... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 10, 2020

An expired passport will not effect your NATZ application.

Yes, you may apply fo a travel document.

1 Answer | Asked in Immigration Law on
Q: Can a legal permanent resident be denied re-entry if she's pregnant and has been abroad for 6 months, 3 weeks?

I'm a legal permanent resident and after finishing my Master’s I came to volunteer in Colombia in June 2019, always returning to the US before the 6 month mark. I was in Colombia from June-Oct 2019, from Nov-Jan 2020 and again since Feb 2020. Internship ended in March, but because of... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 10, 2020

The USBP and government will take the current situation into consideration. As long as you have maintained a residence in the USA and the ovestay outside the USA is out or your control you should have no problem. I do suggest you contact your US Consulate and keep a recod of your communication.

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