Lawyers, Answer Questions  & Get Points Log In
Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New York on
Q: Can I travel to Canada with a green card extension letter and expired passport?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 24, 2022

Get your passport renewed at your consulate general and then travel.

1 Answer | Asked in Immigration Law on
Q: I am a Canadian Citizen wanting a green card to the US to attend college. Is it possible to get one before moving?

I am hoping to get a green card before hand to avoid paying international student costs. Is this possible? If so what are the requirements?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jan 24, 2022

You must have either a sponsoring family member or a sponsoring employer or a few other very narrow categories to qualify for a green card in the USA. If you do not have these options you most likely cannot get a green card. The process can be time consuming. If you go to the USA without proper... Read more »

1 Answer | Asked in Immigration Law and Traffic Tickets for California on
Q: I am a New Jersey resident, on H1B visa. I got a speeding ticket of 118mph on California free way.

What are the consequences. Is that a criminal offense is that gonna appear on criminal and background checks.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 24, 2022

1. Speeding over a certain milage is a quasi-criminal state misdemeanor offense,

2. That speeding citation will appear on one's driver's license background,

3. Also, if that traffic citation resulted in a brief traffic arrest, processing and release on a bond that arrest...
Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Illinois on
Q: I am on H1 work permit and have recently been fined with Civil penalty (retail theft). shall I make payment or wait judg

I am an immigrant working on H1B work permit. I have recently been fined with Civil penalty (retail theft) and charged with misdemeanor.

Question:

1. Shall I make payment or wait for the judgement?

2. What is the consequence on immigration because of this?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 24, 2022

I would retain a criminal defense attorney as that crime of moral turpitude will negatively affect your H1B visa and it will be cancelled. The defense counsel once retained could request a hearing and amend that criminal charge to a non CIMT (Crime of Moral Turpitude charge) misdemeanor. Once... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I applied for a return visa to france on the 5th of november, it has been almost 3 months and nothing, can I sue them?

I am a moroccan student who studies in france through a staying permit and came to the US as an exchange student. I lost my wallet including my staying permit in the united states. So I applied for a visa to go back to france on the 5th of november. My us visa ended on the 17th of december and I... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 23, 2022

It is unfortunate, but losing visa documents can prove devastating. It seems that you have chosen not to leave, so you have fallen out of status. The longer that you stay, the less likely that you will be able to return. Your U.S. visa may be eventually be canceled or revoked.

Given,...
Read more »

2 Answers | Asked in Family Law and Immigration Law for Connecticut on
Q: I do got engaged from foreign country I want to know how to call her here for marriage
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jan 22, 2022

You can bring her here on a fiance visa. That visa allows her to come here and you can get married within 90 days. You complete the various paperwork necessary for the application and submit it to USCIS and she gets an interview at the consulate in her country when the application is approved. At... Read more »

View More Answers

2 Answers | Asked in Immigration Law for Vermont on
Q: Hi, I'm an Au pair and my boyfriend asked for my hand in marriage. I'll finish in May. Should we get married before?

The DS 2019 finishes in May 8th. However, I'll have my visa until Abril 14th. When should we get married?

Kevin L Dixler
Kevin L Dixler answered on Jan 21, 2022

Get married when you’re both ready.

Seek more legal advice from a competent immigration attorney before you both make a decision as to how to process before there are any other complications.

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: I did a mistake on my immigration application on the marriage part what do I do?

I already did the bio appointment

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jan 21, 2022

You did not say what the mistake was. If it something that you have the correct document to prove what you say, prepare to take it to the interview. When you go to the interview you can also indicate that such and such was a mistake. Some mistakes can be explained easily. Others need much... Read more »

1 Answer | Asked in Immigration Law for Connecticut on
Q: If you were brought to the US by your mother who is a permanent resident with a green card and you also

If you were brought to the US by your mother

who is a permanent resident with a green card

and you also got a green card but your mum has

an issue to travel does that affect you too not to

travel

Adan Vega
Adan Vega answered on Jan 20, 2022

Your parent's impediments for traveling abroad and back to the U.S. are not going to be obstacles for you unless your parent acquired the immigrant visa by fraud and you derived your status from your parent.

1 Answer | Asked in Immigration Law for Georgia on
Q: I would like to petition for my mother to come to the U.S.

I am a naturalize citizen. I am on food stamp and medicaid and I am also going to college and receiving financial aid. Will any of those things be a problem for me? I know the USCIS website said the medicaid and food stamp won't but I'm not sure if the financial aid will be a problem. My... Read more »

Agnes Jury
Agnes Jury answered on Jan 19, 2022

As long as your husband meets the income requirements for a joint sponsor then your situation will not negatively affect your petition for your mom. Best wishes!

1 Answer | Asked in Immigration Law for Louisiana on
Q: I751 waiver pending for 9 years n400 scheduled for testing and interview?

I got married in 2010 and I had my 2 years gc in 2011. Filled i751 in 2013 and got divorced (after a year) in 2014. My case was pending over 3 years then I recieved a letter from uscis for more proof of my marriage. I sent them everything I had I added my divorced letter.

They switched my... Read more »

Agnes Jury
Agnes Jury answered on Jan 19, 2022

Check out this video from USCIS as to naturalization: https://www.uscis.gov/citizenship/learn-about-citizenship/the-naturalization-interview-and-test

Your citizenship interview will also include questions about your I-751 application.

Best wishes!

1 Answer | Asked in Immigration Law for Missouri on
Q: Can my wife visit me in the US, she has VWP, I am a US citizen, we are not intending to stay in the US.
Agnes Jury
Agnes Jury answered on Jan 19, 2022

Yes. She should be ready to prove to the border patrol officer that her visit to the US is only temporary and that she intends to return to her home country because she has strong ties there (ex: job, family, real estate, financial obligations, etc). Best wishes!

2 Answers | Asked in Immigration Law for Massachusetts on
Q: My sister i-130 priority date is 10/18/2011. Can a lawyer help to find out the case status? Thank you!
Giselle M. Rodriguez
Giselle M. Rodriguez answered on Jan 19, 2022

Hi - thank you for your question. The case status would depend on who petitioned for your sister and the country.

The below links might be helpful for you:

1. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-january-2022.html...
Read more »

View More Answers

3 Answers | Asked in Immigration Law for Oregon on
Q: What forms are needed for a spouse to stay in the country legally?

My husband is from the UK here on a tourist visa. What forms do I need to fill out so he can stay??

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 18, 2022

No attorney will guide anyone remotely by way of a remote paragraph to handle such a complex issue as an adjustment of status for an immediate foreign national family member without any review and knowledge of the matter.

View More Answers

1 Answer | Asked in Immigration Law for Oregon on
Q: Filling out visa documents, what point does my UK husband not have to worry about overstaying his tourist visa?

We have filled out forms I-130, I-130a, I-485, I-864, I-765.

Nareshwar Singh Virdi
Nareshwar Singh Virdi answered on Jan 18, 2022

As soon as USCIS issues a file #, your husband becomes a C-9 beneficiary. He can be present in the US until USCIS adjudicates the I-485. There are 2 final outcomes: Either the application is approved and he receives the green card. Or if it is denied, he could leave the country or appeal.

1 Answer | Asked in Immigration Law on
Q: How early before start date can I enter on TN Visa

Can I enter 12 days before?

Nareshwar Singh Virdi
Nareshwar Singh Virdi answered on Jan 18, 2022

Yes you may. Up to 14 days before.

Disclaimer:

This response does not constitute as any legal advise. This communication does not establish attorney-client relationship of any nature whatsoever.

1 Answer | Asked in Immigration Law on
Q: Can I visit us as B2 while waiting to start a job on TN

Hello,

I am a Canadian citizen and have a job offer with a US company that starts in 1 month and I will be working on a TN visa.

I am currently in Canada, can I go visit my sister who lives in the US. I will be on a B2 for a bit while I wait for my job start date in about a month.... Read more »

Agnes Jury
Agnes Jury answered on Jan 18, 2022

When entering the United States with a TN visa, the visa holder must have “nonimmigrant intent.” This is the same as with entering as a tourist so these two visas are not contradictory. As such, you should have no problem entering the US with tourist intent but IF ASKED you should be honest... Read more »

2 Answers | Asked in Criminal Law, Immigration Law and Federal Crimes for Texas on
Q: I recently was charged for human “smuggling” in Texas passing the checkpoint in Zavala County, Texas. Please help

I don’t consider this to be smuggling since I didn’t gain no money and I didn’t cross anyone over the border the illegal aliens were already in Texas I just had to pick them up. And now I got a charge for this and pending court date.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 17, 2022

It is irrelevant whether you received any payment for your activities or whether the foreign nationals were in the United States: these are not the requisite elements of the current criminal charge you are facing, witch has a possibility of a prison sentence upon conviction.

You must...
Read more »

View More Answers

2 Answers | Asked in Immigration Law for Nevada on
Q: wife was here on a permanent resident Visa her visa expired last year

need to file form i-130 and they form 485 is there any other things that we need to file such as an Affidavit of Support

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jan 17, 2022

Using the information you provided, if your wife is a permanent resident that is also known as a green card holder. The next step could be for her have her conditions removed, with you filing what is called jointly. The documents would include the I -751 application to remove conditions and... Read more »

View More Answers

1 Answer | Asked in Immigration Law on
Q: What is the best way to speed up an I-30 immigrant visa application in 2022?

The application has not been made yet

Agnes Jury
Agnes Jury answered on Jan 17, 2022

If you mean I-130, there is no way to speed it up. Best wishes!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.