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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Texas on
Q: Can we move to USA in October/2021 with no in and outs in 12 month period?

We -as a family of four- received our greencards last year. When we entered to USA in October/2019, entry-port policeman told us to move to USA within 12 months.

We can't move right now due to pandemic but We will come in USA in October/2020 for just 14 days. Then we will exit USA.... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

I suggest you obtain re entry permits. USCIS.gov/I-131. Read the instructions carefully and also read your responsibilities for maintaing your LPR status at USCIS.gov.

1 Answer | Asked in Immigration Law for New York on
Q: Hello! in what form and where should I send a statement about a witness who is ready to testify in court.

Deportation case (immigration case)

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

Prior to the individual hearing you or your attorney is required to file a pre hearing statement where in you list your witnesses.

1 Answer | Asked in Immigration Law for Idaho on
Q: I didnt file tax return. I didnt make enough. I am trying to help my husband... will he not be able to get his green

I have everything for affidavit... just tax return I don't have. He is finishing school this year... I don't want him angry

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

You will need to provide an affidavit stating under penalty of perjury that you did not file a return because you did not have the income necessary to require you file. If you were employed you will need to provide any w-2's 1099's.... to indicate the amount that you made.

1 Answer | Asked in Immigration Law for Texas on
Q: What does it mean by “ USCIS has accepted your application, petition, or request, and it is under review” after an RFE?

I filed an I-130 for my husband on March 26, 2020. They later sent an RFE and I sent the paperwork 3 weeks ago now it says the above. My case is at the Nebraska Center.

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

It means exactly what it says. Your additional documents have been received and our file in beig processed.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My daca renewal is delayed... what can I do?

I filed for my DACA renewal in May 2020, a little bit more than 150 days before my current EAD expires. My EAD expires in October 2020. I have only received notice of action I-797C, and not form I-797 that would say I was approved. Is there an automatic extension given to Daca recipients due to the... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

If your new card does not arrive in time call the 1 800 number and make an info pass appointment at your local USCIS. You may be eligible to receive a stamp in your passport indicating an extension.

1 Answer | Asked in Immigration Law and Tax Law for South Carolina on
Q: What recourse do I have if my employer tries to force me to participate in the President's Fed tax deferment program ?

I prefer to continue paying my fed income tax as usual but I've heard that I may not be given a choice, that my employer may just stop paying our fed taxes without the employees request or consent.

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

This is a question for a tax attorney.

1 Answer | Asked in Immigration Law for New York on
Q: Can i go back to my home country with an expired visa?

So my J1 visa expired months ago and i applied for a tourist visa so i could stay here longer while waiting for flights. Will it go against me like will i have a hard time coming back to America if i go home without waiting for the results of the tourist visa?

Hector E. Quiroga
Hector E. Quiroga answered on Sep 17, 2020

It shouldn’t. Probably best to withdraw the application and give an explanation as to why.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Husbands biometric appt was cancelled for Covid, waiting on new appt, Green card exp in Oct. What do we do if expires?

The appointment was originally in May and cancelled. We are waiting on new appointment but do we have to do anything or file some paperwork in case it expires before we get a new appointment?

Hector E. Quiroga
Hector E. Quiroga answered on Sep 17, 2020

1st, contact USCIS to see about getting it rescheduled. While you are doing that, see if you can make an InfoPass appt. to get an extension sticker on it.

4 Answers | Asked in Immigration Law for Florida on
Q: looking for immigration attorney for help on my 751 application. I am 100% legal in the USA since 1999 i need help
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Sep 17, 2020

Hey, Have you already applied and been waiting for years? Thats a theme for 751 these days.

Or is this a new application? I can help you with that.

Please contact me to discuss the details of your case.

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1 Answer | Asked in Immigration Law for Washington on
Q: Sponsor my minor son (canadian), I am us, citizen. What is the process

My son from my first wife is living with his mom in Canada, he is 10 years old . I want to sponsor him so he can get his GC and US Citizenship. His mom is ok to sponsor him so he has documented. My Son is Canadian and I am the US and Canadain Citizen.

Would he get any advantage to get... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 17, 2020

The following requirements must be met for your son to become an automatic USC through you.

A. General Requirements: Genetic, Legitimated, or Adopted Child Automatically Acquiring Citizenship after Birth [1]

A child born outside of the United States automatically becomes a U.S....
Read more »

2 Answers | Asked in Immigration Law on
Q: How I can travel to the states while my green card revoked

I got my green card since 2003 and I used to travel every year to the states return back to my original country as i have some issues I have to follow but last time I travelled to the states they stopped me at the airport and took my green card because I stayed in original country more than one year

Drew Elesh
Drew Elesh answered on Sep 16, 2020

We can get you a B-2 visa.

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1 Answer | Asked in Immigration Law, Appeals / Appellate Law, Civil Rights and International Law for Washington on
Q: What would I do if I believe this page is endangering my father's life

I believe this article to be neglegant endangerment. Who can I reach out to.

Tim Akpinar
Tim Akpinar answered on Sep 16, 2020

A Washington attorney could answer best, but your question remains open for three weeks. You could reach out to the publisher and ask them to take the page down while expressing your concerns. If that doesn't work, you could reach out to an attorney for a consult to explore options. You could... Read more »

2 Answers | Asked in Immigration Law for Tennessee on
Q: I751 is pending for 8 years should I apply for N400?

Hi there,

I have applied for i751 8 years ago. It's been pending since then and finally there was an action on my case last month. It has transferred to the another office. So friends and family members have telling me to apply for citizenship.

I would like to know that if... Read more »

Rehim Babaoglu
Rehim Babaoglu answered on Sep 15, 2020

Yes, file for your naturalization. You should hire an immigration lawyer and be represented for both matters. Eight years? There's something wrong with the way they handled your case. Good luck

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1 Answer | Asked in Immigration Law for New York on
Q: Can a Guatemalan father in NY send his homesick daughter back to Guatemala, but he stays in US and awaits court date?

Guatemalan father and daughter presented themselves at border about 1 year ago, were released after a week, and are staying with relatives in NY while they await their court date. The daughter is very homesick. Can he send her back to Guatemala somehow and then continue doing odd jobs while... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 14, 2020

Yes, but it is best to work through the court for that to avoid any negative impact on later attempts to come to the US.

1 Answer | Asked in Immigration Law for California on
Q: I applied asylum in April, I haven’t got any appointment for biometric finger print. Can I apply work permit 150 days ?

Even if, I don’t get appointment for biometric. Can I apply work permit after 150 days of waiting.

Hector E. Quiroga
Hector E. Quiroga answered on Sep 14, 2020

If you have the receipt notice showing you have applied and your application has been accepted, you should be able to file for a work authorization.

1 Answer | Asked in Immigration Law for California on
Q: Can one file multiple extensions for B2 visa during Covid-19 for parents?

My mother came to the US in Dec 2019 on B2 visa and her i94 was until June 2020. She was supposed to leave in June 2020, before her i94 expired, but due to the Covid situation, we filed a 6 month extension for her in April 2020. The current status of the application is “Application was... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 14, 2020

1. There is no need to file a second extension. In fact, it wouldn’t do you any good. It is best if you simply wait for USCIS to adjudicate that one currently pending.

2. If the individual can make the case, then such a reason should be considered.

4 Answers | Asked in Immigration Law for Florida on
Q: Fiance visa

I am a US citizen and I want to bring my boyfriend from Dominican Republic to the United States. I would like to know which would be the best and fastest way - should I merry him in DR or should I apply for the fiance visa here in the US ?

Ileana M Rivera
Ileana M Rivera answered on Sep 14, 2020

The answer to your question depends on a variety of factors. To apply for the fiance visa you must have met in person first. If you did, then that may be an option. After it is approved and your fiance is in the US you should get married within the 90 days of arrival. If you want to marry in DR... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: Permanent resident status

Hi..I am a u.s citizen and my wife is a greencard holder and I am currently outside the u.s and my stay was protracted (more than 5 years) due to me being alongside my mother who was ill and my wife was forced to stay with me this period as she obviously couldn't leave me and travel back to... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 13, 2020

If your wife took no action to preserve her status and she has no visa she may not be admitted at the border.

1 Answer | Asked in Immigration Law for Florida on
Q: I filed to be a financial sponsor for an international student to get his F-1 visa. How can I rescind this?

Our relationship has changed, and I no longer feel comfortable vouching for his financial viability. I know if he drops out of school or something else, they can come to me for the remainder of the tuition and fees payment due. Is there anything I can do to prevent this from happening? Is there... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 13, 2020

You can not. You enetered into contract with the US Government wherein you agree to assume financial responsibility unless or until a few conditions occur that terminate your responsibility. You can read upiur responsibilities on the form you signed before the signature.

2 Answers | Asked in Immigration Law for Michigan on
Q: Permanent resident card renewal

A friend of mine has been living in the US since June 2009. He became a permanent resident in July 2011. His permanent resident card needs to be renewed before July 2021 (he has been here a little over 11 years now).

He was just recently given a citation. It says he was in violation of... Read more »

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

Hey, a misdemeanor could affect the approval of a greencard renewal. Your friend has to discussed with a criminal attorney about the consequences this charge. Your friend should also schedule a consultation with a competent immigration attorney. Many law firms, including mine, offer telephone or... Read more »

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