Immigration Law Questions & Answers

Q: My husband has a warrant for his arrest and he can't appear in court physicaly. out of the US.is there a way to dismiss

1 Answer | Asked in Criminal Law and Immigration Law for New Hampshire on
Answered on Nov 15, 2018
Hector E. Quiroga's answer
Seeking legal counsel who could represent him before the court on the charges against him could help in some way.

Unfortunately your husband’s problem has been compounded by his absence from the US for so long; he’s essentially abandoned his residence. There are ways to regain it; he should visit the US embassy or consulate that has jurisdiction or the area where he lives.

Q: My wife just got her conditional green card. Can we live abroad together for 3 years because of a job opportunity?

2 Answers | Asked in Immigration Law for New York on
Answered on Nov 14, 2018
Myron Morales' answer
Maybe. She can apply for a reentry permit, which serves as the best evidence that she did not intend to abandon her residence while abroad. You should discuss your work plans with an attorney as she may qualify for Naturalization or a N-460 might help her while she is abroad.

Q: Hi there! What is the issue if my fiance had a wife 8/10 years ago and now we are planning to get married?

2 Answers | Asked in Immigration Law for New Jersey on
Answered on Nov 14, 2018
Myron Morales' answer
As long as he completed a divorce, then he is free to marry you. He will need a certified copy of the divorce decree to prove that he is free to marry, but it should not be a problem from an immigration perspective.

Q: I surrendered my green card five years ago..now my U.S. boyfriend wants to get married and live in Florida..can we

2 Answers | Asked in Immigration Law on
Answered on Nov 14, 2018
Sheri A Benchetrit's answer
You can apply for a green card again if you legally qualify for it. That means that should you get married, your boyfriend can sponsor you for a new green card, but the process will start from the beginning. The surrender of your previous green card is not necessarily an impediment to a new application, although it might raise a red flag.

Q: My daughter entered THE LOTTERY in Canada. I'm a citizen, can I also file form I-130 ?

2 Answers | Asked in Immigration Law for Florida on
Answered on Nov 14, 2018
Sheri A Benchetrit's answer
Yes you can file an I 130 for your daughter, but if she is over the age of 21, and if she is married, her place in line will be further back and it may take a few years before it is her turn in line.

Q: My H1B visa expired on Sept 27. I have a I-130 approved and I-485 pending. Can I still stay in USA lawfully?

1 Answer | Asked in Immigration Law for Georgia on
Answered on Nov 14, 2018
Ms Grace I Gardiner's answer
Yes you can since you are not supposed to leave the USA without permission while the applications are pending

Q: Can I travel while my green card is about to expire in 5 months ?

1 Answer | Asked in Immigration Law for Florida on
Answered on Nov 14, 2018
Ms Grace I Gardiner's answer
Yes you can travel provided that you trip is less than the five months

Q: Can I travel out of United States as I’m not an us citizen..I’m an international student working on OPT

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Nov 13, 2018
Hector E. Quiroga's answer
Shoplifting is a deportable offense; if you travel outside the US, you might not be let back in. At the very least it will make reentry difficult.

Q: USCI sent me wrong I797C for the EAD renewal (I-765). Is there any was to get a copy?

1 Answer | Asked in Immigration Law for Georgia on
Answered on Nov 13, 2018
Hector E. Quiroga's answer
It seems you’ve got the evidence it was filed and that it is in process. You can also go to uscis.gov and plug the receipt number into “check case status online” for further evidence. Without knowing if there is a reason why you specifically need to receipt notice, it sounds like you’ve got plenty of evidence that the I-765 was filed/received.

Q: A Swedish national and I plan to marry and remain in our respective countries for two years. What paperwork do we need?

1 Answer | Asked in Immigration Law and International Law for Utah on
Answered on Nov 13, 2018
Hector E. Quiroga's answer
We can’t answer the question re: visiting your fiancé/spouse in Sweden; for your spouse to visit you here s/he must show a preponderance of evidence that she will return to Sweden after visiting you. She doesn’t need a visa to visa, since Sweden is a visa waiver country, but proof of employment, residence, family, assets, etc. Being married to a USC spouse carries a great deal of weight when determining if someone will remain in the US or not, so your fiancé/spouse will really want to...

Q: Can Conn’s report negivatity on your credit report that is false & say they can’t remove it?

1 Answer | Asked in Consumer Law, Contracts and Immigration Law for Texas on
Answered on Nov 12, 2018
Grant St Julian III's answer
File a notice of dispute with each credit reporting agency. Calling a local consumer law attorney may help. Good luck.

Q: I am a us citizen and my girlfriend has an F1 student visa. We plan on getting married. Will she get a green card?

1 Answer | Asked in Immigration Law for New York on
Answered on Nov 12, 2018
Hector E. Quiroga's answer
It sounds as if she is eligible to adjust status after you marry, so it’s possible, yes.

Q: How to change H4 to EAD(received on pending i-485) Status?

1 Answer | Asked in Immigration Law for California on
Answered on Nov 12, 2018
Hector E. Quiroga's answer
First, “EAD” is not a status. It stands for “Employment Authorization Document”. Your wife cannot change from H4 to “EAD.

She got the EAD because of the pending adjustment application. For whatever reason, she’s no longer eligible for an H-4, so her best is the see the adjustment application through to the end. Based on the dates you provided, it looks as if she did not overstay her authorized status before she applied for her green card.

If there is no decision on...

Q: Started software company on opt extension . But my opt getting expired soon .How to handle my visa status ?

1 Answer | Asked in Business Law and Immigration Law for California on
Answered on Nov 12, 2018
Hector E. Quiroga's answer
Possibly, depending on a variety of factors, including how much you plan to invest and how many employees you plan to have. We recommend you talk with an immigration attorney who has experience with investment visas (EB-5).

Q: What documentation is needed for Green card app now, after J1 visa in 1992 - 1993?

1 Answer | Asked in Immigration Law for California on
Answered on Nov 12, 2018
Hector E. Quiroga's answer
Go to: https://www.uscis.gov/greencard for this information. Otherwise, consult with an immigration attorney.

Q: Do I need to get a new I-94 after I renew my passport?

1 Answer | Asked in Immigration Law for Missouri on
Answered on Nov 12, 2018
Hector E. Quiroga's answer
You will need to request an extension of your current status before it expires.

Q: Can I still obtain green card with criminal record ? I was charged with illegal substance but case was dismissed

2 Answers | Asked in Criminal Law and Immigration Law for Texas on
Answered on Nov 12, 2018
Grant St Julian III's answer
What was the basis for the dismissal of your criminal case? If you were found not guilty at trial, you are entitled to an immediate expunction. If the case was dismissed by the DA without a plea, you MAY have to wait for the statute of limitations to expire before an expunction can be filed. Was an indictment filed? Clearing up those records will help with the immigration situation. Call your attorney. Good luck

Q: Ive got a question on child US immigration (citizenship) that has been bothering me for a long time

1 Answer | Asked in Immigration Law for Washington on
Answered on Nov 11, 2018
Lana V. Elliott's answer
I am not aware of the process that would allow a minor to renounce their citizenship. Parents are not allowed to make this decision on behalf of their children. A child must be at least 16 years of age to present himself at the US consulate abroad and request renunciation of h their citizenship. Even then a consulate officer might still find that a child lacks maturity and recommend them to wait util the age of 18.

Q: I got married in Dec2014 but only received my first green card in Jan2018 how long i wait before apply for citizenship?

1 Answer | Asked in Immigration Law for Florida on
Answered on Nov 8, 2018
Cheryl Fletcher's answer
If your spouse is a US citizen and you are still married and living together, you are eligible for naturalization 3 years from the day you became a lawful permanent resident.

Best,

Cheryl Fletcher, Esq.

Q: I am international student who is issued social security card Can I apply for green card ?

1 Answer | Asked in Immigration Law and Social Security for Washington on
Answered on Nov 8, 2018
Lana V. Elliott's answer
Unfortunately,being an international student and having a social security card are not sufficient, on their own, grounds to apply for Green Card. There should be family, business, investment, or other relationship that would be a basis for a legal permanent residence (Green Card). I would recommend you to consult with an immigration attorney in your area to discuss your options and potential venues for obtaining Green Card.

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