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Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Florida on
Q: I met a guy 5 months he came from cuba with an i220 second line, we wanted to stay together and get married but we had

Been told that if we get married he will be Denied the papers or he will be affected in many ways please will you give the correct advise

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Sep 30, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate all of the facts to determine what may be the best course of action. Whether, for example, he was "paroled" can dictate what options may be available, including, e.g., adjustment of... Read more »

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1 Answer | Asked in Immigration Law and Traffic Tickets for Illinois on
Q: My ceremony is in 4 weeks. Should I answer "Yes" or "No" on question 4 on the Notice of Oath Ceremony (form N445)?

Q4 on form N445 says:

"Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?"

Facts:

- I got a $164 traffic ticket three weeks before the... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 30, 2022

I recommend doing the following:

Obtain a court certified traffic citation disposition from the clerk of the county court where the matter was adjudicated (completed). Disclose that traffic citation and attach a copy of the certified court disposition with all conditions met (fine paid) on...
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1 Answer | Asked in Immigration Law for Florida on
Q: My wife & filed I130. Her b2 expired while waiting for the receipt of notice. Do we now need to file I485 supplement a?

We had to file I-130 separate from I-485. We now have the I-130 receipt of notice and all other supporting documentation. However, in that time, her b-2 expired. Do we need to file I-485 supplement a along with the I-485? Or are we exempt as this is a spousal sponsorship?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Sep 28, 2022

If you, the petitioner, are a U.S. Citizen, then your spouse's B-2 overstay in and of itself is not a disqualifier for adjustment of status purposes. She would not need to file supplement A. Consider, however, scheduling a consultation with a competent and experienced immigration attorney... Read more »

2 Answers | Asked in Immigration Law on
Q: When before the wedding should I enter the US with the ESTA Visa if the K1Visa isn't an option because it takes too long

He is an American citizen and I'm Italian living in Germany. We've been together for 5 years and have been engaged since 2020. I've entered the US with the ESTA Visa a couple of times (almost every year since 2017) and my fiancé visited me in Germany a couple of times. We've... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 28, 2022

Marrying within 90 days on ESTA may be viewed as improper. It would be prudent to marry 90 days after one's entry. Also, that route would be much more expedient in terms of case processing.

However, it goes without saying that a case like that requires a competent immigration attorney...
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1 Answer | Asked in Divorce and Immigration Law for Hawaii on
Q: My wife can't get a visa from the state department to return to me/USA. She is in the Philippines we need help advise,

We were married in Hawaii, she went back to her home and got stuck in the Philippines because of covid. Her visa was denied probably because I don't make enough money. I am on SSI. This has been a two year process and we only hear from visa agencies that we need to pay them a $1000.00 to get... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 27, 2022

If you are married to her, then you can apply for a spousal visa. If you do not make enough money to financially sponsor her, then you can enlist the aid of a joint financial sponsor. This can be anybody who is a green card holder or a US citizen state side, and if they make enough money, then your... Read more »

1 Answer | Asked in Employment Law, Immigration Law, Civil Rights and International Law for Washington DC on
Q: I’m getting married with an Au Pair that finishes contract before. How much time do we have for her not become ilegal?

I am marrying an AuPair. She was supposed to finish her program next May but she wants to quit due to bad relationship with the host family. Because she quits she technically has to leave the country “as soon as possible” but we are not sure how long that is. We want to get married as soon as... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 24, 2022

Is your girlfriend’s J visa subject to the two year residency requirement? If not, she may be able to adjust status after marriage. Discuss the facts of your situation with counsel in a private phone call.

2 Answers | Asked in Immigration Law for Illinois on
Q: can i sponsor my dad for a green card if he’s getting deported back after a misdemeanor?

he was in prison for 4 years 25 years ago & he was deported then came back & he was just arrested for a misdemeanor caused by my uncle & my father was protecting his children & now he’s getting deported back

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

If he was previously deported and returned illegally then most likely ICE is reinstating the prior removal order and your father would not have the right to see an immigration judge. He would also be subject to what is termed the permanent bar. This bar states that anyone who has been deported... Read more »

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2 Answers | Asked in Immigration Law, Employment Law, Appeals / Appellate Law and Education Law for New York on
Q: Question about working and visa status

I’m remaining in F1 status (student visa-nonimmigration), I have far- relative lives in New York, he is owning a restaurant. I live with him and his family. I volunteer to help him with his restaurant during my free time just about 2-3 hours per week. No income received, no salary, no tips, no... Read more »

Moses Apsan
Moses Apsan
answered on Sep 21, 2022

If you are merely helping out without pay the I would not consider it employment.

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1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: My kids dad was a resident but he got into trouble in 1997-1998 he left to Mexico and wasn not able to renew his residen

Is there any possibility he can return to the United states?

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

He would need to have the means to re-immigrate to the United States and apply for an immigrant visa to return. However, depending on what type of “trouble” he had, he might not be eligible for the visa. You should discuss his case with an immigration attorney to determine if he has a... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: A cousin was seen by a immigration judge and they told him that he needs to sign a custody redetermination questionnaire

What is that form for?

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

It sounds like your cousin is detained in immigration custody and the judge wants him to complete that paperwork to consider whether he will grant him bond to release him from custody.

1 Answer | Asked in Immigration Law for Arizona on
Q: Good morning, immigration law question, I have a pending petition for i-130 filled in 2019 for a sibling.

I was denied expedited request since our father is currently on stage 4 cancer , any other options i may have to get my sister here sooner so she can help take care of and be with our father before he passes?

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

You can try applying for humanitarian parole: https://www.uscis.gov/humanitarian/humanitarianpublicbenefitparoleindividualsoutsideUS

2 Answers | Asked in Immigration Law for California on
Q: Hi I'm a Guatemalan guy whit no legal status in this country I'm gay and I'm in this country because of discrimination .

How can I apply for asylum?

Where are the pro bono attorneys ?

I'm able to pay easy paymentS... Let me know tks.

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

In order to qualify for asylum you need to have suffered past persecution or have a well-founded fear of future persecution based on a protected ground (race, religion, nationality, membership in a particular social group, or political opinion). In addition, you have to file for asylum within one... Read more »

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3 Answers | Asked in Business Formation, Business Law, Immigration Law and Tax Law for Texas on
Q: I am Ukrainian citizen living in the USA as a student and I want to open an online business how should I pay taxes.

I am Ukrainian citizen living in the USA as a student waiting for my F-1 visa and TPS and I want to open an online business.

I want to open drop shipping business I have an Ukrainian card and I have a card in PNC bank that I just opened, but because I am minor it was opened on my host mom... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 20, 2022

In my experience, business owners generally hire an accountant to help them navigate the taxes.

I really like Peters CPA, LLC https://www.lpeterscpa.net/ or (972)863-9640.

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1 Answer | Asked in Immigration Law for California on
Q: Hello, I'm a 20 year old international student on an F1 visa. And I have a question about family preference green card.

My brother, a U.S. citizen, is petitioning for my parents to come to the U.S. The plan was that I get a family preference green card based on the one that they would receive when they arrive. However, with all the NVC processing and COVID delays, the cases got held up for more than two years and a... Read more »

Al Parsad
Al Parsad PRO label
answered on Sep 19, 2022

If I understood your question correctly, your brother has petitioned for your parents when you were under 21, you believe you have acquired F2A status as the result, and you want to know how to maintain that status.

While US citizens can file a petition for their parents (as immediate...
Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I have been arrested in Florida twice under student visa . Both cases no trial , I just had to do some courses

Than after 2 courses both of my casas were dismissed! But I’m under student visa I want o to know if I can have any problem going back to USA after this issues ! Can someone who really s understand about to give the a sure answer ! I need to finish my master degree in Miami but I’m afraid to be... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Sep 19, 2022

You should consult with a competent and experienced immigration attorney who can evaluate the dispositions in your criminal cases to determine what possible negative immigration consequences might exist. Without seeing the actual documents from your criminal cases, it is hard to say here online... Read more »

1 Answer | Asked in Immigration Law on
Q: Teenage dad question | Look in more info

Hey so i'm pretty young myself and i don't know alot about legal things but i'm wondering if a teenage father (under 20) that's from a foreign country can move/live in the usa if the child is from the usa (and lives in the usa)

Monica E Rottermann
Monica E Rottermann
answered on Sep 19, 2022

No, just having a child that is born in the United States does not entitle you to come to and/or live in the United States. Your child would only be able to file a petition to immigrate you once they turn 21. You would need to have an independent means of coming to the United States, either by... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Hello. I was married a foreigner and applied for a green card. Okay e separated and I never followed up with immigration

Now I’m marring again and need to apply for green card for him . How do I know if my previous case is canceled or no

Monica E Rottermann
Monica E Rottermann
answered on Sep 19, 2022

If you submitted the case with USCIS, you should have received correspondence about the case, and if you failed to follow up the case was likely denied or deemed abandoned. If you no longer have the paperwork or do not recall what you received, you can file a FOIA request with USCIS to get your... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I-131 travel document not processed for 1 year? Do we need to return before I-131 is processed?

My parents who are green card holders applied for i-131 travel document in Sept,2021. They finished their biometrics in Oct, 2021 and left the country on Nov,14th 2021.

There has not been an update to the case after the biometric. Do they need to come back to the US by Nov 14th, 2022. Or... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Sep 18, 2022

This is a good question. I'm unsure why the left, because there is no guarantee that the I-131 will be approved and it may be delayed and/or misplaced. However, they must return with the advanced parole. Otherwise, they will abandon the adjustment of status. The delay in their return may... Read more »

1 Answer | Asked in Immigration Law for Alabama on
Q: How can I get a social security number so I can apply for jobs?

I need a social security number inorder to get a job and nor have to worry about finding side jobs.

Kevin L Dixler
Kevin L Dixler
answered on Sep 17, 2022

You must qualify for USCIS employment authorization to lawfully work. If you work without a work visa or authorization, you will have to file for a tax identification number with IRS Form W-7. That is, where you need to file for taxes.

You will need more than a Social Security Number to...
Read more »

1 Answer | Asked in Immigration Law for Georgia on
Q: Will I have any issues at port of entry while returning back to USA with my 10yrs green card after my divorce?

I got my Permanent Green Card (10yrs) based on marriage. Unfortunately, I got divorced last year. Will that effect my Port of Entry while returning back to USA with my Green Card?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 16, 2022

If you have a 10 your card and your returning to the United States with an unexpired card, then you should not have any problem at all. Now if you have any criminal convictions then that would be a problem.

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