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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Texas on
Q: As a DACA recipient, do I run any risks as a pipeline surveyor accepting a job down in Corpus Christi, TX?
Kevin L Dixler
Kevin L Dixler answered on Nov 18, 2019

The State Government in Texas is controlled and funded by politicians, many of whom support the current extreme restrictions on lawful immigration. Those who violate Federal immigration law are more likely to be challenged in border states within the 100 mile perimeter of the border. DACA can... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Hi My Ead clock stopped 15 day after that not running what is the reason ?

Hi My Ead clock stopped 15 day after that not running what is the reason ?

My clock stopped in may 2018 but now I already went in court November 2019 for my master hearing but now also my clock stopped not running same 15 days.. and my individual date in June 2020 

Now what I do... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Nov 15, 2019

Dear Asylum Applicant,

I am sorry to hear about your asylum clock issue. If you believe that your asylum clock was stopped in error you should contact the court administrator where your removal proceedings are pending and inquired about the issue. They will be able to tell you what's the...
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1 Answer | Asked in Immigration Law for Florida on
Q: i have permanent residence. How will affect a I-130 for my wife if I accept an offer to do Phd?I will get stipend of 27k

I have some savings, i also can quit the school and return to the same job i have now (80k) in case i face economical problems. The Phd is expected to last 2.5 years

Lorenzo Arca
Lorenzo Arca answered on Nov 15, 2019

I presume your question refers to Form I-864 (Affidavit of Support). Form I-864 is a contract which an individual signs (usually the Petitioner filed with Form I-130), in which the individual agrees to sponsor (use his/her financial resources to support) an intending immigrant.

The...
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1 Answer | Asked in Criminal Law, Employment Law and Immigration Law for Virginia on
Q: an illegal immigrant who works at a store is accused of theft where paid under table. Should store owner report crime?

An illegal immigrant who works at a store is accused of theft where paid under the table. Who has more to lose if the store owner wants to report the crime because he/she employed the employee without documentation. The store owner might have video surveillance that shows the crime but can't prove... Read more »

Bryan J. Jones
Bryan J. Jones answered on Nov 15, 2019

I would say that the immigrant is more likely to be deported than the store owner get in trouble, especially if the amount stolen is $500 or more because that would be a felony.

1 Answer | Asked in Immigration Law for New York on
Q: means tested public benefits in NY

Hello,

I am sponsoring an immigrant in NY and I saw the following for the affidavit of support " If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them". Are there any means tested... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

I would suggest you do not accept any public benefits if you are sponsoring or applying for any type of immigrant visa.

1 Answer | Asked in Immigration Law for Texas on
Q: If I sponsor my fiancé for his green card but have a co sponsor, how would I go about obtaining pre natal Medicaid?

I am currently unemployed. My mother is co sponsoring my fiancé in his process for his green card. I’m interested in obtaining pre natal Medicaid but I’m unsure about how to go about the process since he legally can’t work right now?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

You need to be very careful about obtaining any government assistance if you are not a citizen and especially if your fiancee is the father of your child and responsible for the child's medical bills.

1 Answer | Asked in Immigration Law for North Carolina on
Q: How can my daughter become with 26 a US citizen, when father blocks access to the needed information to apply for it?

My daughter is 26 years old and was born in Germany (she still lives there now with her family).

Her father (US Citizen), was in the Army and stationed in Germany.

We were never married.

He is on her birth certificate.

Also did she have a military ID card for a few... Read more »

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Nov 13, 2019

If she is not married you can file petition on her behalf and wait for the immigrant visa to become available.

There might be another avenue for her to immigrate to the US even as adult child of a US citizen but that will require and in-depth consultation with an experience immigration...
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1 Answer | Asked in Immigration Law for Texas on
Q: asylum seeker with dismissed case

I applied asylum about 3 months ago unfortunately I have a dismissed case that happened 3 years ago. It was a controlled substance. I did not find guilty nor I paid any fine. Would that still effect my asylum case ?

Peng Li
Peng Li answered on Nov 13, 2019

You will need to provide proofs of disposition of said case and be up front with the history when you apply or are being interviewed for asylum. The USCIS officer will look at the totality of your case and the evidence you presented to determine whether you are eligible. Sometimes, there are... Read more »

1 Answer | Asked in Domestic Violence and Immigration Law for Texas on
Q: Received waiver for I751 due to violence, Can i still apply for citizenship after a divorce

I got my conditional green card in 2016. i applied for a waiver to remove contion in 2018 as a result of domestic violence and this was approved. presently it has been 3years of been a green card holder can i apply for citizenship or i have to wait for 5 years because presently i am divorce from my... Read more »

Adan Vega
Adan Vega answered on Nov 12, 2019

In your scenario, the spousal naturalization provisions are applicable if the conditions on the resident status are removed based on an approved battery or extreme cruelty waiver of the joint filing requirement for Petition to Remove Conditions on Residence (FORM I-751). In these types of cases you... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Do I need to file a separate I-130 for my stepson if I included him on my wife's I-130? and do I have to pay the $535.

I am a US. Citizen and also a US Soldier and I filed both the I-130 and I-485 concurrently for my wife, she now has her green card. Our 9 year old son just got here to the US and I want to file for him as well. I need to know if its better to submit a separate I-130 and I-485 for him and pay the... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 12, 2019

These questions and a slew of other questions await us. Your stepson must be petitioned, separately. The process and applications have grown more cumbersome in the last year.

As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: Will my unmarried daughter be able to travel with me when the priority date becomes current?

My sister is a US Citizen. She sponsored me for the I-130 F4 immigration visa Category. My daughter was 14 years of age at the time and therefore was a derivative of myself. She is currently 26 years of age and my priority date is soon to be current. The I-130 application was filed on December 2007... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 12, 2019

Under the Child Status Protection Act (CSPA) it would appear that your daughter will have aged out and not be able to benefit from your sister's petition. The calculation works as follows:

Take the child's age at the time that the Immigrant Visa becomes available (meaning the priority...
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2 Answers | Asked in Immigration Law for New York on
Q: I have a green card and got married in Egypt,do I need to register the marriage in Dominican Rep. to bring him to USA.

If I want to start the spousal petition is it necessary to registered the marriage in my birth country or I can skip this and just start the petition process?

Leonard R. Boyer
Leonard R. Boyer answered on Nov 12, 2019

The Dominican Republic has nothing to do with what you are seeking to accomplish. What you need to realize is that you must retain an experienced immigration attorney to represent you in this matter. Immigration is a very complex and technical area of law, and mistakes can have grave consequences.

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3 Answers | Asked in Immigration Law for Idaho on
Q: I got rejected from my Green Card application because I left the country and came back. Is it possible to reapply?

Hello! Thank you for taking my question. I was in the process of applying for my Green Card on an I-485 visa and I left the country because I had a travel visa that did not expire. I thought that it would've been okay to do because I had a travel visa but unfortunately, my application still got... Read more »

Joshua Joseph Despain
Joshua Joseph Despain answered on Nov 11, 2019

Yes, it's likely that you will be able to apply again. Unfortunately, if you leave the United States while the I-485 is in process, and you don't have advance parole, then USCIS treats your application like you are no longer interested in the green card, and you have to start over. But, the good... Read more »

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1 Answer | Asked in Family Law and Immigration Law for Nevada on
Q: I was previously married and did all the paperwork for my ex wife. Am i entitled to a copy because i want to marry again

I went to every office for immigration paid for it and i have no idea about the paperwork and i want to ask the lawyer for a copy but dont want to tip off my ex wife so she doesnt try to stall my new marriage. She is also and immigrant with a work visa and i dont even know if it will be a problem.... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 11, 2019

You can do a Freedom of Information Act (FOIA) request for the I 130 and for any documents that you signed, but you will not be entitled to a copy of the documents she signed, such as the I 485, Application for Employment Authorization or Application for Advanced Parole, as those belong to her.

1 Answer | Asked in Immigration Law for New Jersey on
Q: hello i wanted to know my cousin and i fell in love and want to marry can i also do his papers

he live in another country

Stephen Arnold Black
Stephen Arnold Black answered on Nov 11, 2019

Where do you plan to get married outside the US? What state in the US do you both plan to reside? Discuss in detail with counsel.

2 Answers | Asked in Immigration Law for Virginia on
Q: If there is a co-sponsor when filing for Visa CR-1, am I required to provide proof of income and residence within the US

I currently reside outside the US with my foreign spouse. We plan to return to the US, but I no longer have a job or residence there, however, we do have someone willing to co-sponsor. If the co-sponsor can show for these things, do I need to as well?

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 11, 2019

In order to file for your spouse, you must provide a US residence where you intend to reside. In terms of having job or finances you will have to document your current income and your adjusted gross income for the past 3 years. This is true even if you do not meet the poverty guidelines and even... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: How many months have to wait to come back in USA after my first visit with NO AOS/COS/EXT.

I recently visited usa to visit my boyfriend, the first customs gave me 3 months to stay, after i found another customs which to delete the 3 months and gave me just a week with NO COS NO AOS EXT (it thought I'll work and married maybe), I wanted to know when I can come back next time, I have to... Read more »

Osarumwense Iyamu
Osarumwense Iyamu answered on Nov 10, 2019

As a visitor to the United States, you are required to spend more time in your country.

It is recommended that you spend a reasonable amount of time in your country before visiting the United States again.

Your admission into the United States as a visitor is a privilege and subject...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: I am in H1B visa. Remarried when my divorce in process. Now got divorce copy. will be problem in my 2nd wife H4 intervw?

Indian in H1B visa. Remarried when my divorce with first wife in process.

Now got divorce copy. will this be problem in my 2nd wife H4 interview?

first wife tavelled to US in H4 last year stayed only for 20 days.

Divorce order dated after my second marriage registration.... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 10, 2019

Your situation really requires an in person consultation with an experienced attorney. There are too many variables to speculate upon without knowing more facts.

2 Answers | Asked in Immigration Law for Texas on
Q: I want to know if I can apply for the N-600 form.

My dad is a naturalized U.S citizen and I was brought legally to the U.S before I was 18 years old of age.

Kevin L Dixler
Kevin L Dixler answered on Nov 10, 2019

Your father must naturalize before your 18th Birthday in order to derive citizenship from him. You must have reached18 years old on or after February 27, 2001. Otherwise, you must qualify for citizenship by naturalization.

Some who file for naturalization are not only denied, but placed in...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Pls can form 1-130 be approved and form 1-485 be reading request for more evidence,why and what are the implication ?
Stephen Arnold Black
Stephen Arnold Black answered on Nov 8, 2019

It’s unclear what you are asking. Rephrase your question.

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