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Immigration Law Questions & Answers
1 Answer | Asked in Contracts, Criminal Law and Immigration Law for California on
Q: Hi, My name is John, and I am asking for my friend who received a fake I-20 from an intermediary.

This intermediary helps him to apply for schools and acts as a helper, however, the intermediary doesn't deliver and also faked a I-20 and lied to my friend saying that it is a real one. My friend never used the fake I-20 for any purpose even though he did not know its legitimacy. He fears... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 3, 2020

This is a question for immigration lawyers, not criminal and accident lawyers.

However, All F and M students that study in the United States need a Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status.” Once you are accepted into a Student and Exchange Visitor Program...
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1 Answer | Asked in Divorce and Immigration Law for Nevada on
Q: Legal separation, just separation or divorce before Green card interview?

My wife and I got married more than a year ago after dating a little more than two years. We got tired of not being able to be together all the time since I'm Mexican and she is a US citizen. So, We got married because we loved each other and filed the necessary docs to the USCIS with the help... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 3, 2020

I suggest discussing your situation with an experienced Immigration attorney regarding your green card application. As for the divorce, it appears you are on your wife’s timeline as to when the divorce will occur or become final. In Nevada, a spouse cannot delay or refuse a divorce if the other... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: How do you know if an attorney has filed your appeal? Is their a confirmation of receipt from the court?

The appeal in question was to be done within 30 days of the initial decision. My friend is not sure whether the appeal was actually completed. I have tried to look into the process online but it does not go into details. I thought an appeal had to be registered and stamped but do not know if I am... Read more »

Kyndra Mulder
Kyndra Mulder answered on Dec 3, 2020

Your friend should be receiving from her attorney a copy of everything that is filed on her behalf. The brief is not required to be filed with in 30 days. The Notice of Appeal and fee must be filed with in 30 days.

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1 Answer | Asked in Immigration Law for Arkansas on
Q: CAn I leave the U.S if my I-539 extension application is in review? I'm on B2 visa & My I-94 is expired.

I have applied for stay extension in July but till now (December) there's still no decision. My question is, can I leave the U.S if my I-539 extension application is in review?I'm on B2 visa & My I-94 is expired. will there be any problems with the immigration and does it affects my visa in future?

Kyndra Mulder
Kyndra Mulder answered on Dec 2, 2020

If you leave while the extension is pending the extension is voluntarily revoked. You can make a new entry on your visa provided it is a multiple entry visa.

1 Answer | Asked in Immigration Law for California on
Q: My Argentinian wife & I (USC) filed for her status change from L1 Visa to Green Card via marriage. Travel Restrictions?

We married 06/10/20 & our application was received 06/29/20 by USCIS. Her L1 visa with her employer expires Oct. 2023 & her current i94 expires Oct. 2021. Her company sold her department to another company & there is a chance either 1) the new company cannot swap over her visa & she... Read more »

Kyndra Mulder
Kyndra Mulder answered on Dec 2, 2020

0629/20 Application for what? Did you file the I-130 and I-485?

Are you a USC or LPR?

She can leave but she may not be admitted back into the USA if she no longer has a valid visa.

Withjout parole she may be considered to have abandoned her I-485 and be required to go...
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1 Answer | Asked in Immigration Law for Texas on
Q: I am a green card holder, can I file petition for my 20 year old who is here on Esta.

My 20 year old son has been here for 2 months on ESTA, I am wondering if I can file a change of status for him while he's here without going back. I am a resident not a US citizen yet

Kyndra Mulder
Kyndra Mulder answered on Dec 2, 2020

First; As an LPR your son is required to maintain a lawful status in order to adjust through you in the USA.

Second: Your son is likely to age out before he is able to adjust. This means he becomes a priority relative and is no longer an immediate relative. The wait will be extended by...
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1 Answer | Asked in Immigration Law for Virginia on
Q: Visa case status was changed from refused to ready but interview was weeks ago.

Hello. My husband had his immigrant visa interview at the us embassy in the Bahamas. His case was refused for administrative processing. He was asked to send his passport to the embassy a few weeks later and now his case status is updated to ready. What does this mean as he already had his... Read more »

Kyndra Mulder
Kyndra Mulder answered on Dec 1, 2020

It is not possible to advise you for sure. However, when the passport is requested it is usually so that the visa can be placed in the passport. Were arrangements made for returning the passport or picking it up at the consulate?

1 Answer | Asked in Immigration Law for Washington DC on
Q: How long can I stay out of the United States while I have a green card, in order to get citizenship?
Matthew Famiglietti
Matthew Famiglietti answered on Dec 1, 2020

Given the current political environment, it is very risky for you to leave the country at all because you may have an exceptionally hard time getting back in. It's even more risky if you are returning to your native country if you are alleging a reasonable fear of past or future persecution.... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I want to use Medicare since my family have little money, will this affect my chances of getting a permanent green card?

I'm under type Immigrant Visa for a Spouse or Fiance of a US Citizen. I'm currently using my husband's company health insurance but it's very expensive. I want to switch to Medicare but will this affect my chances of receiving a permanent green card (I already hold a temporary... Read more »

Kyndra Mulder
Kyndra Mulder answered on Dec 1, 2020

Yes. This may effect your ability to adjust status. It may also result in your financial sponsor being liable for your medical bills if incurred. The purpose of the I-864 is to insure that an immigrant is financially taken care of and will not depend on any tax payer benefits.

1 Answer | Asked in Immigration Law for Texas on
Q: Travel Visa Extension inquiry

My father landed here on Travel Visa(b1/b2) on 31 Dec last year. His visa validity was till 30th June 2020. I applied for visa extention due to pandemic situation before 15th june online (form 1-539 ). status is not updated yet and application is under review status. Even they will approve this... Read more »

Kyndra Mulder
Kyndra Mulder answered on Dec 1, 2020

Yes. You may file for a second extension.

2 Answers | Asked in Immigration Law for Illinois on
Q: My husband only married me to get his green card i left him??
Kyndra Mulder
Kyndra Mulder answered on Nov 30, 2020

What is your question?

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2 Answers | Asked in Immigration Law on
Q: Will getting a Canadian PR impede my N-400 case?

My wife is applying for a Canadian PR as a skilled worker while we wait for our I-130. I have submitted my N-400 in July. Would me getting a Canadian PR with my wife through her application impede my N-400 process?

Kyndra Mulder
Kyndra Mulder answered on Nov 30, 2020

No. This will not impede your application. There will be questions regarding your residency while you have been an

LPR.

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Believe daughter is being scammed; 3rd world country male has proposed to her. I think he simply wants US Green Card.

They met in a US bar in January 2020. He left for Dubai or Morocco. They have FaceTimes 4x daily; and he flew to California to see her (while she was on a trip). He has proposed to her; given her a very cheap ring. States it is custom for the bride to pick her ring after they marry. What can I... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 29, 2020

How does your daughter feel about the situation? She spends a lot of time with him!

Parents can speculate. As a parent, we can get controlling and possessive, then interfere in a way that has lasting consequences. An attorney can also do the same based upon decades of experience....
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1 Answer | Asked in Immigration Law on
Q: Graduate admissions question on Felony . Being inadmissible to enter US at airport and denied entry and deported .

I was denied entry into US at airport in 2013 by US immigration officer. I was served with a five year inadmissibility to the US at the airport. This admissibility is expired since 2018. Now I am applying to Graduate programs in the USA universities . One of the questions in the graduate... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 29, 2020

More information is needed, but you will still have challenges getting a visa. You must know the reason why you were summarily excluded from the U.S. Some of the reasons for the exclusion can serve as an indefinite ban to getting a visa. This is true even if five years have passed!

As a...
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1 Answer | Asked in Immigration Law for Ohio on
Q: What will happen if we make a mistake in the citizenship n 400 form?

I just applied for citizenship n 400 and put no on the question legally change name instead of yes. But there was also the next question have u used any different names like the nickname... On that, I put yes... Now, what will happen? Please tell me?

Kevin L Dixler
Kevin L Dixler answered on Nov 29, 2020

Just correct the answer when you attend the examination. The examiner should be helpful. The examiner will realize that you want to be truthful, but may have been confused.

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

2 Answers | Asked in DUI / DWI and Immigration Law for North Carolina on
Q: My boyfriend(illegal) was arrested for dui(2nd time), driving my car. It was seized by state. How do I get it back?

My boyfriend,age 25, has been in US since he was a child, illegally. He's never had a us license. He got arrested at age 19 for dui. He was arrested yesterday for dui(out on custody release). I am the owner of the car, and was unaware that he'd been drinking. I was asleep in passenger... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 29, 2020

More information is needed. Who took the car? Where?

The car probably was likely taken for reasons other than immigration. Find out why! It may have been impounded for a search warrant.

If there were drugs found in the car, it can be forfeited. Find out whether it was...
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2 Answers | Asked in Immigration Law for Nevada on
Q: Can I petition someone as fiance if they still married in another country?

I’m trying to get my fiance in the US. She tried tourist visa so many times but keep getting denied. She still married to her Previous husband. She applied for Annulment waited for 2 years and still get denied. We don’t know what other options we can do. We been together for 6 years now. All I... Read more »

Adan Vega
Adan Vega answered on Nov 28, 2020

The FORM I-129F can not be filed on behalf of your fiancée if she is legally married to another person.

A lawful marriage in the Philippines will be recognized in the U.S. Hence your fiancée must first divorce before you can file the FORM I-129F.

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3 Answers | Asked in Immigration Law and Tax Law on
Q: What's the best way to file for tax return to get the best outcome for petitioning permanent residence for my husband?

Hi, I'm a US citizen with foreign husband and dependents in abroad. We're planning to petition for my husband's green card after the public charge policy overturns next year, and combining our current income, we'd just meet the financial requirements. And we also have a joint US... Read more »

Kyndra Mulder
Kyndra Mulder answered on Nov 26, 2020

Specific details inn addressing financial responsibility should be addressed with an experienced immigration.

There is no guarentee that the public charge inadmissibilitty will be overturned and if so when.

The immigrant spouses income may nott be used as household income unless...
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2 Answers | Asked in Legal Malpractice and Immigration Law for New Jersey on
Q: I would need a letter from my attorney explaining the error they made. How can they make it legal and valid?

They are immigration attorneys and made a mistake regarding my immigration status in the US.

Should the letter be notarized, legalized, etc.? I will need to file that letter with new attorneys/immigration offices/government office, and therefore, I would like to make sure that letter will... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 26, 2020

This reads like a very complicated challenge that should be handled by another attorney who knows what they are doing. Much more information is needed, but rather quickly. Justia.com is not geared to do anything other than encourage you to hire another attorney in such situations.

At...
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2 Answers | Asked in Immigration Law for Michigan on
Q: Are sponsored green card parents eligible for subsidized healthcare ?

I am 61 years old, I recently got a green card sponsored by my son who filled affidavit of support. I applied for health care in market place showing my income earned on tutoring and getting tax credits. Am I eligible for the benefits?. Should I add my Son's income also?

Kevin L Dixler
Kevin L Dixler answered on Nov 26, 2020

The first issue is whether you will obtain a government benefit based upon having a lower income. That is a means tested benefit! The second is whether the sponsor will be required to reimburse the government for that means tested benefits.

In order to avoid the government from...
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