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Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for California on

Q: I have options but which one is the right one

My mother brought me into the US illegally when I was 5 months. We stayed here, never left. She submitted a u visa in 2017. But I had a son last year(2018) with a us citizen should getting married with him be a quicker process? I am trying to continue my studies but can’t due to my legal status.... Read more »

Kevin L Dixler answered on Sep 14, 2019

More information is needed about your boyfriend. He may be disqualified from petitioning you. You may also have to seek a waiver depending upon your age, along with consular processing. That can take time and not everyone who files for a waiver is approved.

In addition, the U visa process...
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2 Answers | Asked in Immigration Law for New York on

Q: I am a US citizen. I am married to a British citizen. We are relocating to the US. I have 4 grown children all US

Citizens. We have been married almost 30 years. How do we start the process of my wife obtaining a green card. Thanks

Ms. Norka M. Schell answered on Sep 13, 2019

The immigration family-based is complex.

Your first step should be retain a good immigration attorney.

Once you retained good immigration attorney, s/he will explain to you the immigration family process; request from you the supporting documents; prepare, file and monitor your...
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1 Answer | Asked in Immigration Law for California on

Q: trying to get papers through my daughter a U.S Citizen and is 21.

came into the country with a passport but overstayed my Visa, how do I apply for a green card through my daughter who is 21.

Stephen Arnold Black answered on Sep 13, 2019

If you entered the US legally, and your daughter is a US citizen then you can file for an immediate relative petition, despite the overstay, provided you do not have any grounds of inadmissibility and you do not travel outside the US prior to getting your advance parole document. Counsel anywhere... Read more »

2 Answers | Asked in Immigration Law for Illinois on

Q: immigration ..my marriage case was denied due to unlawful presence and some what do i do next. refile reopen reconsidr

please advise on what is the best way or means to go through

Kevin L Dixler answered on Sep 13, 2019

More information is needed. Some people are affected by the permanent bar due to unlawful presence. In addition, there may be other complications. You may need to pursue different relief.

You need an attorney, who will take the time to carefully read the decision and discuss options, if...
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1 Answer | Asked in Immigration Law for Florida on

Q: Need attorney!!! This is the final situation.

Affirmative Asylum pending since 2015. I-140 approved based on EB3 green . Needs to go consular processing at 3rd country US embassy. I need an attorney who has experience for this case. National Visa center is waiting to give them a US embassy with proof of letter. Letter should says that we do... Read more »

Linda Liang answered on Sep 13, 2019

You can give us a call at 9548925517 to discuss more.

1 Answer | Asked in Immigration Law for Washington DC on

Q: Any way to become legal?

I voluntarily departure in 2014 for 3 simple possessions of marijuana. I am married with a u.s citizen for 10 years with 3 kids I am wondering is there any waiver to help me out I came right back as soon as I got to my country

Stephen Arnold Black answered on Sep 12, 2019

yes..it appears you would be a successful prospect for a waiver, but more facts would be needed to know. Discuss your case in private with counsel.

1 Answer | Asked in Criminal Law and Immigration Law for Pennsylvania on

Q: H1 b stamping with shoplifting charges

I recently got my H1 b approved and I’m planning to go to my home county for stamping. I’m afraid that my visa might get rejected given that I have a shoplifting charge on me. This incident happened in May 2017 . Total worth of stolen items was $158 . I had to attend the court and I paid the... Read more »

Peter N. Munsing answered on Sep 11, 2019

Depends on how you were charged. Suggest you get the advice of a certified immigration law specialist.

1 Answer | Asked in Immigration Law for Pennsylvania on

Q: I married a Brazilian with a working visa in October 2004. We have a son together. He left in April 2005 no

Communication. I want to remarry but can not reach him by any means. I feel he used me to stay here.

Peter N. Munsing answered on Sep 11, 2019

Contact a family lawyer. If you know where he is it may be possible to serve him by mail. If however you don't know then you have to go through Brazillian procedures for service of process. Suggest you start by contacting a family law attorney.

1 Answer | Asked in Immigration Law for New York on

Q: Is there a minimum stay requirement for a green card holder returning to the US?

Hi, I (US citizen) am planning on moving outside the country to work and my wife(Conditional green card holder) is also planning on traveling with me. Can she be out of the US for 5-6 months, return to the US for a week, then stay out of the US for another 5-6 months? I would be traveling with her... Read more »

Denise Anderson answered on Sep 11, 2019

Your wife can travel outside of the U.S. up to 6 months without losing her green card. Travel more than 6 months but less than one hear will subject her to additional questions upon her return to the U.S. If she intend to stay outside the U.S for one year or more, it is recommended that she applies... Read more »

2 Answers | Asked in Immigration Law for Michigan on

Q: I’m off status on my F-1 visa since July 2019, and married to US citizen since May 2019. Will I have issues filing?

I’m off status on my F-1 visa since July 2019, and married to US citizen since May 2019. Will I have issues filing for green card through marriage. I was planning to do so in the upcoming month.

Denise Anderson answered on Sep 10, 2019

You can adjust status because you are married to a U.S Citizen. Your success will be dependent on how the questions are answered, your background history, how the application is filled out, and other important factors that are considered by the immigration officers. If you are not sure what steps... Read more »

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1 Answer | Asked in Immigration Law for California on

Q: I filed F2A-LPR spouse (Philippines) PD: Nov 6,2018.

I noticed that I didnot include the I130A form and no passport photo. I only attached our marriage certificate and copy of my greencard in my application.

At the same time, the I130form that I submitted indicated expires at 07/2017. Now, I dont know what to do? Do I need to write them a... Read more »

Svetlana Kats answered on Sep 10, 2019

Since you filed an old version of the I-130 application, most likely they will reject ( not deny) your case.

They will return your application and filing fees and will instruct you to re-file using current version of I-130.

1 Answer | Asked in Immigration Law on

Q: greencard question

my green card was stolen in Italy I am a US resident I went to the US embassy in Italy ( Rome) to get a travelers document to enter into US

I came to US on travelers document which was issued by US embassy in Italy ( Rome )

Now my question is after returning to US I got call from... Read more »

Stephen Arnold Black answered on Sep 10, 2019

Retain counsel to sort this all out with USCIS and the consulate.

1 Answer | Asked in Immigration Law for New York on

Q: After changing my passport and passport number, am I still going to be subject to the two-year rule?

Hello. I am a foreigner. I had a J1 visa with two-year home residency rule. If I will change my passport and passport number in my home country, can I get a immigrate visa without waiting 2 years? I have only stayed for 1 year in my country. The visa and DS-2019 won't be on the passport and I will... Read more »

Amanda B Cook answered on Sep 8, 2019

You're still you, regardless of your passport number - and what you're proposing could be construed as fraud. Seek the advice of an experienced immigration lawyer. There are waivers available if you qualify. Please don't resort to any attempt at trickery.

1 Answer | Asked in Immigration Law and Education Law on

Q: I have gotten admission to a school in Canada. What documents do i need to present to the Canadian embassy in Ghana

Tim Akpinar answered on Sep 8, 2019

Congratulations on acceptance to your school. Until you are able to speak with a knowledgeable immigration attorney who could offer meaningful input here, one option with the fall semester getting underway might be to contact your school. Many schools today are expanding their enrollment of... Read more »

1 Answer | Asked in Immigration Law for Georgia on

Q: Would getting married before my priority date becomes current slow down the process?

I am currently engaged. My priority date is March 2007. I belong to the F4 category and I reside in the Caribbean. I have a 2 year old who was born in the U.S. I would like to migrate to the U.S. with my soon to be husband and our daughter, would it be ok if I were to get married before my priority... Read more »

Kevin L Dixler answered on Sep 7, 2019

Yes, if it’s a sibling petition, but you must update your family information with NVC as soon as possible.

You may want to carefully plan with your family in case you are inadmissible due to actions by your sibling.

As a result, I strongly recommend a teleconference with a...
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1 Answer | Asked in Immigration Law for New Jersey on

Q: What is the best option ?

I am a US citizen and want to bring my boyfriend from the Dominican Republic but he has a tourist visa! Is it better if he comes and we get married here or get married in the Dominican Republic and apply for his visa ?

Stephen Arnold Black answered on Sep 6, 2019

You have 3 options that should be explored in a private phone consultation with counsel here in the USA.

2 Answers | Asked in Immigration Law for Washington DC on

Q: I want to know if I can file for a green card with a pending asylum?

Concerning my case I file for asylum since 2015 but until now I haven't any response

Stephen Arnold Black answered on Sep 5, 2019

When you say file for a green car pending asylum, I assume you mean to be the beneficiary of a marriage based spousal petition? Is that accurate?

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1 Answer | Asked in Immigration Law for New York on

Q: Can I apply to a K1 fiance visa on a student visa?

Amanda B Cook answered on Sep 5, 2019

If you are in the country on a non immigrant visa, you are not eligible for a fiancee visa. However, you may be able to get married and adjust your status without getting a fiancee visa. You should check with an immigration attorney about your particular case to see if you can do this.

1 Answer | Asked in Child Custody, Child Support, Divorce and Immigration Law for New York on

Q: I am a US citizen and homemaker, my husband have filed for divorce. I want to apply for the immigration of my parents.

I want to apply for the immigration of my parents. For that joint tax returns needs to be submitted. Question while in divorce proceedings can I apply for my parents immigration based upon joint tax returns. We have a kid together. If their immigration application is approved before divorce; will... Read more »

Lawrence Allen Weinreich answered on Sep 5, 2019

This is an immigration question and should be directed to an immigration attorney. The only thing that I will say is that the immigration status of your parents will have no affect on child support and maintenance.

1 Answer | Asked in Immigration Law for New York on

Q: My status to remove condition on my greencard was denied can i still work in the usa?

V. Jonas Urba answered on Sep 5, 2019

Contact an immigration lawyer.

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