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Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law and Gov & Administrative Law for Alabama on
Q: Why my AL DL says FN? My previous ones used to be normal. Have Permanent Residence card for 30+ years.

2009 Alabama Code

Title 32 — MOTOR VEHICLES AND TRAFFIC.

Chapter 6 — LICENSES AND REGISTRATION.

Section 32-6-10.1 Foreign national Alabama driver's license /non-driver identification card/vessel license.

Section 32-6-10.1

Foreign national Alabama... Read more »

Kevin L Dixler
Kevin L Dixler answered on May 6, 2021

Because the current elected officials of the State of Alabama likely have some misperceptions about immigrants and want to label you.

If you don’t like the label, complain to your ‘State’ representative and Senator. What it is doing ‘may’ be against Federal law in that it may...
Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: I will get married and apply for a green card. Can I overstay my current L1 visa while the application is filed?

Live in the US for 6 years on an L1A visa but decided to leave the company. Now I am in a 60 day grace period until I have to leave the country. My partner and I (living together for 6 years) decided to marry so I can apply for a green card. We will get married before the grace period is over but... Read more »

Agnes Jury
Agnes Jury answered on May 6, 2021

The overstay itself will not disqualify you from applying for a green card based on marriage to a US citizen. And if the Green card is granted the short overstay without status would not be a problem. BUT I recommend you consult with an attorney to discuss and consider the consequences if the green... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: I-485 Application. We haven't heard from USCIS since August 2020.

I'm a US citizen. I've submitted an I-485 adjustment of status family-based for my wife on August 11, 2020. We've got the I-797C notifying me that process is in course at the National Benefits Center. I haven't heard from USCIS since then. We haven't even gotten the... Read more »

Agnes Jury
Agnes Jury answered on May 6, 2021

Unfortunately due to COVID there is no normal timeframe right now but you should have had your biometrics by now. You can contact USCIS via phone or submit an inquiry online. See: https://egov.uscis.gov/processing-times/

Best wishes!

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1 Answer | Asked in Appeals / Appellate Law and Immigration Law on
Q: Can I appeal if my CRBA is denied?

I came to the USA in 2014 and i got my citizenship in 2018. I had a baby out of wedlock in a foreign country 2019 and I applied for CRBA but the application was denied. The letter giving to me says that I didn't provide enough evidence that I have lived in the United States for 5 years before... Read more »

Adan Vega
Adan Vega answered on May 6, 2021

The federal statute requires that you present proof that you resided in the U.S. for 5 years (2 years after the age of 14) prior to the birth of your child (out of wedlock) in 2019. If you can not present such evidence then the CRBA will not be approved.

1 Answer | Asked in Estate Planning, Immigration Law, Real Estate Law and Probate for Missouri on
Q: father died in the middle of a divorce to a woman in South Africa who abandoned her citizenship. Her name was on deed &

She wants to sell the home because she is broke. I live in the home my father owned with her. Do I have any rights to keeping the home? She in her divorce papers and in emails states she had no interest in the property and my father was keeping the property. Is there any law that protects me as his... Read more »

Agnes Jury
Agnes Jury answered on May 5, 2021

My condolences for your father's passing. Unfortunately, this is more of an Estate/Probate and/or family law attorney question than immigration. Best wishes!

2 Answers | Asked in Immigration Law for California on
Q: I recently married a Romanian citizen in their country. To which authorities do I report it in the USA?
Adan Vega
Adan Vega answered on May 5, 2021

If you are a U.S. citizen or resident and you wish to file a relative petition on behalf of your spouse , you can file the FORM I-130 with DHS/USCIS. This will commence the process for your spouse to ultimately obtain the immigrant visa with the U.S. consulate.

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1 Answer | Asked in Immigration Law and Employment Law for California on
Q: For a student on F1 visa, under OPT, is it required to get a business license to work as an independent contractor?

I'm a musician who was planning to offer music related services online and at the same time work on my recordings and releases. Is it necessary for me to get a business license to work out of home as an independent contractor and if so what steps are required to be taken to get the license?... Read more »

Neil Pedersen
Neil Pedersen answered on May 4, 2021

Business licenses are usually issued by cities, and the requirements for getting one will depend on the particular city in which your business will be based. Therefore to find the steps necessary, call your City Hall.

If you are looking to open a business in California, then you must...
Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I got a affidavit of support to get my green card does me getting unemployment checks after my sponsor

I want to know if my sponsor will become responsible if I get unemployment checks I got the affidavit a little over 2 years

Agnes Jury
Agnes Jury answered on May 4, 2021

No. Unemployment benefits are not considered public charge as they are considered to be earned benefits through the person’s employment. Best wishes!

1 Answer | Asked in Divorce and Immigration Law for Ohio on
Q: Will courts in Ohio terminate a marriage after 19 year separation from spouse?

Married in 2002, he left in 2005 for Mexico and never came back.

Agnes Jury
Agnes Jury answered on May 4, 2021

Yes. Desertion, which also may be referred to as abandonment, is a divorce ground in many states (including Ohio). When one spouse leaves for one year without the consent of the other, this is considered desertion. The length of time required for divorce may vary from state to state, but in Ohio it... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: What category of eligibility do I apply for N400?

I received my Green card back in Feb 2017 when by mom married my stepdad and I was entered into the paperwork before I turned 18. Now I want to apply for naturalization, but on the USCIS site there are few choices and I'm not sure which one I fall under.

I know it has to be either:... Read more »

Agnes Jury
Agnes Jury answered on May 4, 2021

If you mom is still married to your step dad, she can apply for naturalization after 3 years. But unless your mom became a citizen before you turned 18, you will be eligible for naturalization once you have been a permanent resident for 5 years or more. You cannot apply until 90-days before the... Read more »

1 Answer | Asked in Immigration Law and Tax Law for New Mexico on
Q: Non-citizen couple have SSNs by temporary work in US. Can they continue filing taxes from abroad without any US income?

A non-citizen (no green cards either) couple have 4 children born in US and parents have SSNs because both spouses had temporary work authorizations during their stay in the US. How can the couple claim their child tax credit when they are not in the US any more? A US based income or permanent... Read more »

Agnes Jury
Agnes Jury answered on May 4, 2021

This is more of a question for a Certified Public Accountant than an Immigration attorney. Best wishes!

2 Answers | Asked in Immigration Law for New Jersey on
Q: Conditional GC expired 2 months ago

I am currently in US and have booked a flight in 3 weeks from now to go overseas and spend couple of months. but now I find out that my conditional GC thorough marriage has expired 2 months ago.

What are my chances of getting it renewed? Can I still fly or should I wait?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on May 2, 2021

You should be cautious and immediately complete the documents to remove conditions. You should then file them and follow up. It is not advisable to travel if your green card has expired.

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5 Answers | Asked in Child Support, Divorce and Immigration Law for Florida on
Q: I have a green card through marriage, is conditional and is due to renewal on august 13 2021. Wife wants divorce.

My wife wants a divorce and possibly report me to uscis like she did before when we were together(she sent an email to uscis that she thought I was with her just for the green card which is not true). She wants me to leave our house and me to remove all my belongings and is threatening me with... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Apr 30, 2021

Sorry to hear about all this. You need to talk with an immigration lawyer urgently and you also need to talk with a family lawyer since you shay she is talking about a divorce and you have shared assets as well as a child.

You need to be careful because you do not want a criminal court case...
Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: i have a question regarding thn-600 form

My father is citizen and I am a resident. He was a citizen before I was 18 and I got my green card 12 days after I turned 18.

Linda Liang
Linda Liang answered on Apr 29, 2021

You need to finish your question.

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1 Answer | Asked in Immigration Law for Washington on
Q: I came to us over 30 yrs ago a native of scotland

I had my child her in us, also was self employed in past. Do I need to apply for citizenship or what do I need to do

Tim Akpinar
Tim Akpinar answered on Apr 29, 2021

Sorry your question remains open. You could reach out to immigration attorneys - some firms offer very brief initial consults for free. You could use the tab above (Find-a-Lawyer) to locate immigration attorneys on this site, or you could search on our own. Another option could be to repost your... Read more »

1 Answer | Asked in Immigration Law for Georgia on
Q: unfortunately forgot to send the receipt notice of I-130 with I-485 form.

I am married a U.S. citizen and filed I-130 and I-485 concurrently, but unfortunately forgot to send the receipt notice of I-130 with I-485 form. What should I do? will my I-485 get rejected?

Kyndra L Mulder
Kyndra L Mulder answered on Apr 29, 2021

You state that you filed the forms concurrently so how would you already have a receipt for the I-130?

If there is a misunderstanding and you previously filed the I-130 and you are asking that the I-485 be joined with the I-130; Send a co ver letter and the attached I-130 receipt to the...
Read more »

1 Answer | Asked in Immigration Law for Alabama on
Q: Can my immigrant wife wife use a Job offer (contract), instead of using a cosponsor for income?

We received, Request for Evidence (Form I-485) from USCIS (issues with Cosponsor).

However, my wife was just offered a job, making over $100,000 a year plus signing Bonus, contract ready to be signed.

But my wife has not received an 'Authorization for Employment' approval... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Apr 28, 2021

No. The sponsor must show sufficient current income.

3 Answers | Asked in Immigration Law for Florida on
Q: if my spouse worked self employed and paid taxes do we still mark worked without authorization on the I485?
Adan Vega
Adan Vega answered on Apr 28, 2021

If your spouse is a foreign national and does not have (a) an employment authorization document or (b) a status that allows employment then you must indicate in the FORM I-485 that the self-employment was without authorization.

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1 Answer | Asked in Immigration Law for Alabama on
Q: Will an immigration attorney work on a contingency basis?

We received, Request for Evidence (Form I-485) from USCIS.

My wife was just offered a job, making over $100,000 a year including signing bonus, contract ready to be signed.

But does not have an Authorization for Employment' approval.

My wife is very worried.

Any... Read more »

Agnes Jury
Agnes Jury answered on Apr 28, 2021

A contingency fee agreement is a form of billing that allows for an attorney to be paid a percentage of the damages awarded at the end of the case instead of an hourly rate. In contingency arrangements, the attorney agrees to take on the case without charging their regular hourly fees. This is... Read more »

1 Answer | Asked in Immigration Law on
Q: Is someone on a student visa in the UK, legally admitted to the UK? Asking the meaning of legally admitted. Thanks.
Agnes Jury
Agnes Jury answered on Apr 28, 2021

An alien is admitted if the alien applied for admission as an “alien” at a port of entry; and an immigration officer inspected the applicant for admission as an “alien” and authorized him or her to enter the United States in accordance with the procedures for admission.

See:...
Read more »

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