Immigration Law Questions & Answers

Q: I received a combo card ( EAD and AP ) with a misspelled last letter of my last name on it.

1 Answer | Asked in Immigration Law for New York on
Answered on Mar 17, 2019
Kelli Y Allen's answer
You need to have the card correctly. Whether an employer will accept a copy depends on the particular employer. If you can, get the job while you have the original documents to show, then keep a copy and send the EAD back with the application to correct the name. Once you have the new card, use that to get a new SS card.

Q: my husband has a ICE hold.he illegally reentered in the U S after being deported.he is seeking Asylum can he get bond?

2 Answers | Asked in Immigration Law for Florida on
Answered on Mar 17, 2019
Kelli Y Allen's answer
You need to retain an immigration attorney for a full analysis of his case Since he already has a final order of removal, ICE can act very quickly to re-execute that order so you need to involve an attorney immediately to have any chance of keeping him in the U.S. to file for asylum. It is very unlikely that he would able to get an immigration bond. Also, based on the facts you presented, he likely has a permanent bar and would be unable to use the approved I-130.

Q: What should I put on the I29 form for the k1 visa on beneficiary physical address in the last 5 years?

1 Answer | Asked in Immigration Law on
Answered on Mar 17, 2019
Kelli Y Allen's answer
List all addresses whether inside or outside the U.S.

Q: I am US citizen, my son is a green card holder.my son has a 2 years old child who was born and resides abroad

2 Answers | Asked in Immigration Law for Washington on
Answered on Mar 16, 2019
Kelli Y Allen's answer
No, you cannot petition for a grandchild. Your son can petition for his child.

Q: Would it affect someone to live in Mexico more than 6 months if resident only?

2 Answers | Asked in Immigration Law for Texas on
Answered on Mar 16, 2019
Kelli Y Allen's answer
If your father is a permanent resident he should try not to stay out of the U.S. for 6 months at one time. If it does, it will delay his eligibility for naturalization. There are accommodations that can be made for the naturalization process based on age and length of time he has been a permanent residence. Consult an immigration attorney for a full analysis of his case.

Q: Can I marry my foreign fiancé in Canada )I’m American he’s not ) then apply for adjustment of status when in USA?

2 Answers | Asked in Immigration Law for Florida on
Answered on Mar 16, 2019
Kevin L Dixler's answer
Your fiancé seems in the awkward and unenviable position of being caught in a Catch 22. He may have to consular process.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck!

The above is general information, not legal advice, and does not create an attorney client relationship.

Q: I am living in Jamaica and currently being filed for a US citizenship. What's will be the delay if I have a child before

1 Answer | Asked in Immigration Law on
Answered on Mar 16, 2019
Kevin L Dixler's answer
You must be a lawful permanent resident of the U.S. in that you actually live in the U.S. most of the calendar year before you can seek citizenship by naturalization. You must interview for citizenship by naturalization after 3 to 5 years of continuous physical presence in the U. S.

It seems that you may have been petitioned for lawful permanent resident status. If you have a child, then the father of the child must be a U. S. Citizen. Otherwise, the child may have delays in lawfully...

Q: Can a foreign citizen enter on visa waiver, marry a US citizen and immediately return to country of origin to apply GC?

2 Answers | Asked in Immigration Law for Florida on
Answered on Mar 16, 2019
Kelli Y Allen's answer
It is fine to marry while in the U.S. under the VWP as long as you comply with all the terms and leave within the designated timeperiod. Your spouse would file a petition, you would process through the consulate, and re-enter with an immigrant visa (if approved). That is not immigration fraud. It would be if you came on the VWP with the plan to marry and remain permanently rather than leaving and processing back through the consulate.

Q: My partner got denied a tourist visa for the US. We want to get married, should we wait till I become a US citizen or no

1 Answer | Asked in Immigration Law for California on
Answered on Mar 15, 2019
Deron Edward Smallcomb's answer
You can marry now and file the petition. Once your naturalization is approved, you would inform USCIS or the NVC so that they can change your petition to an immediate relative petition. You should consider contacting an experienced immigration attorney for assistance.

Q: Legal ways I can get a green card while in year one or two at the University no matter the cost

1 Answer | Asked in Immigration Law, Business Formation and Business Law for Texas on
Answered on Mar 15, 2019
Deron Edward Smallcomb's answer
There are definitely options if you are willing to invest a significant amount of money in the USA. Feel free to contact us or another experienced immigration lawyer for assistance.

Q: My partner got denied a tourist visa for the US. We want to get married, should we wait till I become a US citizen?

2 Answers | Asked in Immigration Law for California on
Answered on Mar 14, 2019
Kelli Y Allen's answer
There is no need to wait until you are a U.S. citizen to marry. Once you are married, you can file the I-130 petition while still a permanent resident. This can be processing while your naturalization application is being processed. Once you become a U.S. citizen, update USCIS. The previous tourist visa denials should not impact an immigrant visa case. I recommend retaining an immigration attorney to assist you with this process.

Q: can I fix my husbands papers if he was banned from the us? I’m pregnant and need him here not in Mexico.

1 Answer | Asked in Immigration Law for Arizona on
Answered on Mar 14, 2019
Kelli Y Allen's answer
You should consult with an immigration attorney who can review your husband's criminal record. You will need to supply copies of the judgments. However, in most cases involving a controlled substance conviction, there is no waiver of inadmissibility.

Q: EAD with pending asylum in court.

1 Answer | Asked in Immigration Law for Connecticut on
Answered on Mar 14, 2019
Kelli Y Allen's answer
You should consult an immigration attorney to calculate the number of days on the asylum clock. Sometimes the clock is stopped without you being aware of it. If you truly have over 180 days, you are eligible to file for employment authorization.

Q: It's been 6 months and still no marriage interview appointment. Anything we can do for an update or to expedite?

2 Answers | Asked in Immigration Law for California on
Answered on Mar 14, 2019
Kelli Y Allen's answer
You can file a service request with USCIS to try to get an update. If there's still no interview scheduled in a couple months, you may want to file to renew the EAD. There is no additional application fee required.

Q: I have visa F1(PhD student) and my husband F2, an employer is offering a permanent job to him (EB3), how to do it?

2 Answers | Asked in Immigration Law for Massachusetts on
Answered on Mar 14, 2019
Kelli Y Allen's answer
There is a very involved, specific process for employment petitions. The employer will need to retain an immigration attorney.

Q: If I am a green card holder and I get married to a US citizen will I be able to fill the N-400 earlier

2 Answers | Asked in Immigration Law for Oklahoma on
Answered on Mar 14, 2019
Deron Edward Smallcomb's answer
If your green card was obtained as a result of being married to the same US Citizen, then you would likely be eligible. You should contact an experienced immigration attorney to determine your options.

Q: Am perm resident. Want to marry illegal who overstayed visa. Is it better to become USC first, or marry, then become USC

1 Answer | Asked in Immigration Law for Idaho on
Answered on Mar 14, 2019
Jordan C. Moody's answer
If you petition a spouse as a PR, and then become a USC while the petition is pending, you can change the visa category. So I would advise you to start both the petition and naturalization processes now.

Q: I have a class a misdemeanor (948.09) does this affect me petition for my fiancé I-130 does this fall into Adams walch

1 Answer | Asked in Criminal Law, Family Law and Immigration Law for Wisconsin on
Answered on Mar 13, 2019
Deron Edward Smallcomb's answer
It's quite possible it will. You should consult an experienced immigration attorney for assistance with this matter.

Q: I have daca and a state ID that says limited term and a workers authorization card can i travel to Hawaii without issue?

1 Answer | Asked in Immigration Law for Oregon on
Answered on Mar 12, 2019
Kelli Y Allen's answer
You should be okay to travel to Hawaii, but not outside the U.S. However, it would be a good idea to meet with an immigration attorney who can look at the specifics of your case prior to traveling.

Q: Is it okay to change jobs while I file for I-90?

1 Answer | Asked in Immigration Law for California on
Answered on Mar 12, 2019
Kelli Y Allen's answer
If you application for permanent residence has been approved, you are legal to work but will not have anything to prove this to a potential employer. If the permanent residency was gained through adjustment of status, you should have received temporary employment authorization that would allow you to work.

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