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Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Virginia on
Q: I got my green card through my mom who got her citizenship this year. I have already spent 4 years in the USA.

I arrived in the USA in June 2018. I applied for my green card in September 2020. Until now I did not receive my green card. Since I already spent 4 Years in Usa and my mom is a US citizen, do you think that I'm eligible to fill out a citizenship application?

Monica E Rottermann
Monica E Rottermann
answered on Jun 30, 2022

There is not information to know whether you derived U.S. citizenship through your mother when she naturalized, as this depends on a number of factors. I’m also uncertain if you applied for adjustment of status or an immigrant visa and your case was approved but you just never received your... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: I need to bring my boyfriend from the dominican Republic to get married in the USA what I need to do thank you God bless
Yohan Zingile
Yohan Zingile
answered on Jun 30, 2022

You can file a fiancé visa to bring your boyfriend to the U.S. Upon arrival in this visa category, you will need to marry within 90 days. Then, he will need to adjust status in the U.S. This is a two step process. I suggest to seek the assistance of an experienced immigration lawyer.

1 Answer | Asked in Immigration Law for Maryland on
Q: My fiancé is an illegal alien. We want to get married but also want to file for green card. How do I do that?

He is from El Salvador. We want to get married first. But want to know if it be better if we get his green card first

Monica E Rottermann
Monica E Rottermann
answered on Jun 29, 2022

Whether your boyfriend is eligible for a green card will depend on his immigration and criminal history. In order for you to be able to petition for him, you would first need to marry him (or he would have to qualify for a fiancé visa). However, if he has another means of immigrating, for... Read more »

1 Answer | Asked in Family Law, Immigration Law and Divorce for California on
Q: I am married to a USA Citizen while I am a Green Card applicant.My wife has left the family home in April 2022

I migrated to California from the UK in September 2019 and we lived together in her house.

We got engaged in February 2020

My wife who was a Permanent Resident in the USA was granted USA Citizenship in December 2020

We bought a second house in October 2020.

We were... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

You've mixed a lot of legal issues here. Your immigration status isn't really relevant to your divorce questions. If you want a divorce, you should file for divorce. You can request spousal support and anything else you believe you are entitled to. Note that the length of the marriage... Read more »

1 Answer | Asked in Immigration Law on
Q: Please can acquision of the permanent visa take less than three months?I want help to acquire in 3 months.Thank you
Monica E Rottermann
Monica E Rottermann
answered on Jun 28, 2022

No, there is a big backlog of cases, which has led to long processing times. If you qualify for filing adjustment of status in the United States you can check the USCIS Processing Times to find out how long your local field office is taking to process these applications:... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I am a Kosovam citizen currently on a work and travel visa for 4months. Can I convert my visa to a student visa?
Yohan Zingile
Yohan Zingile
answered on Jun 28, 2022

You can change status to student visa. You need to meet the requirements to get a F-1 visa, get accepted into a school that is certified by the Student and Exchange Visitor Information System and authorized to issue to received for international students. We need to assess your situation in details... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Hello I’m Joy, I’m visiting my family in California, I have a tourism visa. Can I get a sponsorship visa to be legal?

What is the best way to change my tourism visa to be legal so I can work? My parents have a green card.

Yohan Zingile
Yohan Zingile
answered on Jun 28, 2022

There are many different type of temporary (nonimmigrant) and permanent (immigrant) visas. You can get a visa through employment, family or other avenue. There are not enough facts to know what you qualify for at this time. Your situation needs to be assessed to see what would be your visa... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: Do I have to return home to complete F-1 visa application?

I've been in the US on vacation with aB-1 visa for 2.5 months now and with encouragement of my sis decides to study for my masters degree. Do I have to return to my home country or can I complete the process while remaining in the states?

Yohan Zingile
Yohan Zingile
answered on Jun 28, 2022

You can change your status from from B-1 to F-1 status without having to leave the US. You will need to get acceptance into a University or College. If you change status while being in the US and decide to leave the US at some point (for instance visit your family), to come back to the US you will... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Sent General Correspondence to USCIS Before RFE Notice Delivered

After 40 days, my RFE Notice Letter regarding EB-1A case just delivered yesterday. On the 20th day, I sent a physical letter to USCIS Texas Sevice Center notifying them that the RFE had not been received yet ( done in addition to the online method instructed ).

Also, on my account, it says... Read more »

Agnes Jury
Agnes Jury
answered on Jun 27, 2022

You can respond to the RFE as long as it is before the given deadline to respond (listed in the RFE). Best wishes!

2 Answers | Asked in Immigration Law for New York on
Q: Can I help my wife obtain a green card if I’m disabled on a fix income ( ssi income)?
Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 24, 2022

Since you are a US citizen sponsoring your wife, you must file an affidavit of support, even though you do not have sufficient income. However, you will need a cosponsor, someone who has sufficient income and who was either a green card or US citizenship. This person who has to be presently... Read more »

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1 Answer | Asked in Immigration Law, Divorce and Family Law for Texas on
Q: 10yr GC holder. Applied 4 passport on 3yr marriage eligibility. Interview passed and oat ceremony soon. Saperated now!

Separation is not legal and against my will. What would be the consequences on the day of oat ceremony? Also, I have a 6 months old daughter for whom I am providing adequate support. I do not want to proceed with filing divorce yet. But the more I wait, I will lose my chances of primary custody.... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 24, 2022

In your situation, since you are soon to get sworn in as a US citizen, the fact that your wife has separated from you would not be of any consequence at this time. As long as you are still legally married, which it sounds like you are, you should be good to go for your naturalization. USCIS has... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: DACA, plan on visiting Brownsville, TX. Should I be concerned about the border patrol stop on my way back to houston

I have DACA.

I live in Houston, TX and plan on visiting Brownsville, TX.

My understanding is there's a Border Patrol stop leaving Brownsville? Should I be concerned even though I'm only going to Brownsville, TX?

Adan Vega
Adan Vega
answered on Jun 24, 2022

You are allowed to travel within the U.S. if you have been approved for DACA.

At the checkpoint at Sarita, Texas, you will need to present the DACA EAD and the un-expired DACA approval.

Do NOT cross the international bridge between Brownsville and Matamoros unless you have an...
Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: I am in a pending status for I-485 , through approved I-140, can I keep using Insurance that was provided by the school?

When I was in f-1 status my school provided insurance info for students. So I used it when needed. Now I am waiting for the EAD and after tat green card, can it affect it somehow?

Yohan Zingile
Yohan Zingile
answered on Jun 21, 2022

When you state that you use it do you mean that you enrolled in the school insurance plan for international students? In any case using your school insurance plan would not affect your eligibility for green card or EAD.

1 Answer | Asked in Immigration Law for Minnesota on
Q: I'm applying for a US Citizenship. I have a pending I-751 due to COVID and long delays. I had to get a travel stamp in

I'm applying for a US Citizenship. I have a pending I-751 due to COVID and long delays. I had to get a travel stamp in my passport at the USCIS Office. At that time they took my expired green card and never returned it. According, the M-477 checklist the first requirement is a copy of my green... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

As long as you are eligible for the N-400 at the time you file, yes you can submit it while the I-751 is still pending. USCIS will not approve the N-400 until the I-751 is approved; depending on your local office, both applications may be decided at the same interview so it is important that your... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I got banned for some year for overstay can a Hranka waiver help me? I have a critical situation going on.

Hi, I was living in the states for most of my life and and its my home. I was in the process if getting my residence from my mom who got hers from my brother who is American born but my mom passed away unexpected and did not finish the paperwork and the case was closed. I voluntarily left the... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

An INA 212(d)(3) waiver is entirely discretionary and it may be difficult to obtain if you have previously been present in the United States unlawfully for a significant period of time. Additionally, this type of waiver is only available with an application for a non-immigrant visa, so even if you... Read more »

1 Answer | Asked in Immigration Law for New Mexico on
Q: Hello, I am a Daca recipient and have read that I might be able to apply for a permanent green card if I came here legal
Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

Possibly, it would depend on whether you have a family member that can petition for you, for example a United States citizen spouse or U.S. citizen child over the age of 21. Or if you are under the age of 21, a U.S. citizen parent. You should discuss your case with an immigration attorney to find... Read more »

1 Answer | Asked in Immigration Law for South Carolina on
Q: I have withholding removal status if my mom she is permanent resident if she apply I-130 for me can I adjust my status

I have entered without inspection and my withholding removal was granted , my mother she is US permanent resident, if she apply I-130 and once's it’s approved can I adjust my status in US? Do I need wavier if wavier grant’s then could i adjust status in US

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

To be able to apply for adjustment of status with your lawful permanent resident mother as your petitioner you would need to qualify under INA 245(i), as you entered the United States without inspection and have, therefore, not maintained a lawful status the whole time you have been present in the... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Secondary inspection at the airport everytime I travel international (US Immigration) need them to change their records

Im a United States permanent resident since 2000. 22 years and zero criminal records. Good person, government employee as well. Well, everytime I travel international and return at the airport US immigration sends me to secondary inspection. Funny thing is that they don't ask me anything but... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

You can try submitting an inquiry with DHS Traveler Redress Inquiry Program (DHS TRIP): https://www.dhs.gov/dhs-trip.

1 Answer | Asked in Immigration Law for Colorado on
Q: HOW LONG DOES IT TAKE FOR USCIS TO RESPOND TO A REQUEST to reopen Administratively closed N400 ? It has been 4 months

It has been 4 months since i sent a request letter to reopen my Administratively closed N400 (because I missed my interview ) to Denver office but no response . How should I inquire with USCIS, should i Mail a letter again ,Call ?

And Also is reopening a lost cause and i should apply again?

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

There is no set time for USCIS to respond to this type of request.

If you have not already, you can check your case status, using the N-400 receipt number here: https://egov.uscis.gov/casestatus/landing.do. It might show whether your request was recevied.

You can also follow up...
Read more »

1 Answer | Asked in Immigration Law on
Q: I am an international student with valid us visa. I want to move to canada. Will my college credits transfer? Visa?

If my college credits transfer, what will be my visa procedures?

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2022

Your question may have gone unnoticed under the International Law category. An immigration attorney would probably have the best insight here. There's no guarantee all posts are ultimately picked up, but you could try reposting under the Immigration Law heading. However, visa/immigration... Read more »

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