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Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for California on
Q: Immigrate my girlfriend from Manila, Philippines, to Garden Grove, Ca? I know there are 4 or 5 important ones to start.

I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?

I know my... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 19, 2024

A fiancée petition should be filed using Form I-129F. The filing fee is $675. It could take about a year or so to get a decision after which your fiancée will need to schedule a K1 visa interview at the US embassy in Manila and pay a $265 fee and medical exam fee. Work with an immigration attorney

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3 Answers | Asked in Immigration Law for California on
Q: Immigrate my girlfriend from Manila, Philippines, to Garden Grove, Ca? I know there are 4 or 5 important ones to start.

I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?

I know my... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 20, 2024

There are many forms and many documents in the journey to process your fiancé to become legal in America. The best approach is to contact an immigration attorney for a consultation on the phone to go over the process because it can be a little complicated. If you are not working right now, or you... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: I just went to my immigration interview in cd juarez and was denied due to 212A6CII & 212A9Ci. what can i do?
Patricia C. Wall-Santiago
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Patricia C. Wall-Santiago
answered on Nov 13, 2024

Section 212(a)(9)(C)(i) of the INA refers to illegal reentry after removal and is considered a permanent bar. The law only allows you to file for a waiver after you can show you have been physically present outside the U.S. for at least 10 years from the date of departure and section... View More

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3 Answers | Asked in Immigration Law for New York on
Q: My girlfriend is on a student visa that expires 6 months after graduation we plan to get married after college

How can we stay in the US together after we get married while we wait for her legal status and can she still stay after we get married even if her student visa expires

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 11, 2024

A foreign national (FN) in the US on a student visa who is married to a US citizen can be sponsored for an immigrant petition petition and may concurrently apply for adjustment of status. The aforementioned FN may stay in the US while waiting for the green card to be approved.

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3 Answers | Asked in Immigration Law for Florida on
Q: If I have a criminal record, am I still allowed to get a Fiancé or Spouse Visa if sponsored by someone in the USA?
Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

The answer depends on what is the nature of the criminal offense. You and your fiancé(e) should consult with a competent and experienced immigration attorney who can evaluate your criminal history to determine whether any ground(s) of inadmissibility exist and, if so, whether that/those ground(s)... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. He only came to visit me and our daughter with a return ticket.

My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 5, 2024

A US citizen can sponsor their spouse for a green card if they entered the country with permission, even if that spouse falls out of status. The issue in your case is did the spouse, who entered the country do so with preconceived intent. Did he conceal his intent to reside permanently upon his... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. He only came to visit me and our daughter with a return ticket.

My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 5, 2024

Consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating what was your husband's intent at the time he entered as a visitor, it sounds as though he entered the United States using the Visa Waiver Program. Although one who enters... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. He only came to visit me and our daughter with a return ticket.

My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More

Michael I. Sherman
Michael I. Sherman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2024

I agree with my colleagues that consulting with a qualified and knowledgeable immigration lawyer would be the best first step. The Green Card process is complicated, and it is best to seek the guidance of an immigration lawyer who has been through the process many times, is knowledgable about the... View More

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3 Answers | Asked in Immigration Law for Florida on
Q: My daughter is getting out of prison after 20yrs and she has an ice hold what do I need to do
Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

You should consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating your daughter's criminal history for immigration purposes, a good immigration attorney will also want to know about your and your daughter's father's... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. I'd like to sponsor him for a green card as my spouse.

Should I file I-485 or I-539 to adjust his status? Appreciate your guidance.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 4, 2024

A US citizen can sponsor a foreign national who entered on a visitor visa for a green card. It is important to understand that if the husband entered with intent to permanently reside, that would be considered immigration fraud. However, if he entered with the intent only to visit, but then later... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. I'd like to sponsor him for a green card as my spouse.

Should I file I-485 or I-539 to adjust his status? Appreciate your guidance.

Michael I. Sherman
Michael I. Sherman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2024

The I-485, rather than the I-539, is used for the Green Card process. There are other applications, as well, such as Form I-130. The best advice that I can give is to consider speaking with a knowledgeable and experienced immigration lawyer who can guide you through the process, and who can... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. I'd like to sponsor him for a green card as my spouse.

Should I file I-485 or I-539 to adjust his status? Appreciate your guidance.

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

Consider scheduling a consultation with a competent and experienced immigration attorney. Whether your husband had the intent to immigrate when he entered the United States as a visitor, presumably as a U.K. Citizen through the Visa Waiver Program; this could affect the method by which he should... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: can a Cuban who enters the usa and is given an I220A, apply for an I485 and I130 without being sponsored by US citizen

or having a parent, brother, spouse, or child over 21 with a permanent green card petition for the Cuban or an employer petitioning for the Cuban so long as they are in the uS 1 year and 1 day?

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

Part of your question implies that you are asking about adjustment of status through the Cuban Adjustment Act. Notwithstanding a recent Board of Immigration Appeals case saying otherwise, there is ongoing federal litigation about whether issuance of an I-220A might constitute a grant of... View More

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3 Answers | Asked in Immigration Law for New York on
Q: What are the chances for getting married with tourist visa (B2) then AOS to GC?

1.If I (US citizen) marry my Ukrainian boyfriend, who entered the U.S. with a tourist visa (B2), what are the chances that our Adjustment of Status will be approved? We’re aware of the 90-Day Rule, so we will wait until after that to get married and file for AOS.

2.Is there any chance... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 21, 2024

A tourist entering the country solely for visitation purposes, but then changes his mind can get married to a US citizen and adjust status to get a green card. If he enters the country with a specific intent to reside permanently, then that would be considered Immigration Fraud. But it’s not... View More

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3 Answers | Asked in Immigration Law for New York on
Q: What are the chances for getting married with tourist visa (B2) then AOS to GC?

1.If I (US citizen) marry my Ukrainian boyfriend, who entered the U.S. with a tourist visa (B2), what are the chances that our Adjustment of Status will be approved? We’re aware of the 90-Day Rule, so we will wait until after that to get married and file for AOS.

2.Is there any chance... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 20, 2024

There is a chance for his tourist (B2) status to be stamped for less than 6 months. A potential Trump administration could possibly slow down the process. The I-130 AOS route will allow him to work in the US sooner as compared to the K1 process. There is a good chance for his green card to be... View More

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2 Answers | Asked in Divorce, Family Law, Immigration Law and International Law for Washington on
Q: I recently got divorced in Costa Rica. I live in the United States and hired a lawyer in Costa Rica to represent me.

My lawyer is asking me if I want an official English translation of my divorce decree from the “Casa Amarilla” that would include an apostille. He said in order for the decree to be used or recognized in the United States, it must have the apostille. I called a lawyers office here in Washington... View More

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Oct 18, 2024

Both the U.S. and Costa Rica are signatories of the 1961 Hague Convention which abolished the requirement that U.S. consular officers authenticate Costa Rican civil documents for use in the United States. The Convention became effective in Costa Rica in 2011.

The Government of Costa Rica...
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4 Answers | Asked in Divorce and Immigration Law for California on
Q: Need help . Need to divorce my wife of 2 years. No kids. She has provisional green card. I petitioned her to come to US.
Stephen Arnold Black
Stephen Arnold Black
answered on Nov 13, 2024

Be forewarned that she may try to enforce the I-864 affidavit of support that you filed with your Immigration case.

Even if a spouse immigrant is denied alimony in divorce proceeding, she or he can seek support as set out under form I-864. Further, the spouse immigrant has no obligation to...
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3 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: what should be done to avoid criminal proceedings or any other proceeding for credit debt default judgement ?

Credit card maxed out by doing balance transfer amount is 4000$

I was using the same credit card for 3 years in the past

I have moved out of USA as wife lost job

Warrant in debt filed after 3 years I left the country

Hearing happened the same year but I was not in... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024

From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they... View More

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2 Answers | Asked in Immigration Law for California on
Q: Will my B2 visa be approved?

I’m an 18 years old italian citizen, and i’m planning on applying for a B2 visa due to my love for tourism.

I’ve heard that the approval of the B2 visa is mainly based on my ties to my home country, in this case Italy.

Are my job and my school considered a strong tie to my... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Oct 14, 2024

When a tourist visa interview is conducted, you are correct that they are looking at your home ties. A tourist visa is a non-immigrant visa meaning, when one applies for it they have to show that they have an intent to return home, and the more ties you can show you have to your home country (the... View More

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2 Answers | Asked in Immigration Law for Florida on
Q: In 1999 I was 17 years old, I was convicted and tried as an adult for delivery of cocaine, possession of cocaine and res

Resist arrest w/out violence. I was deported after a 4 year sentence as a youth offender. I only have one cimt which is the delivery however I was still deported. I knew not of youth offender exception, and categorically delivery isn't a aggravated felony. How do I stand and make this right,... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 9, 2024

More information is needed. However, there is a sense of reckoning that must take place before any further action can be taken, if any.

There also seems like a misunderstanding of the definitions of a deportable offense and the enduring nature of the bars for what can be considered drug...
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