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Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Virginia on
Q: Can I file I-130 after my parents already filed I-485 under EB-1 visa?

My parents applied I-485 under EB-1 and still waiting for the result, which has been taking quite long. I am a US citizen and I am over 21. Can I file I-130 for them now to sponsor them at the same time? Will it be a conflict with the I-485 they already filed? I want to see if I can get them the... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 16, 2021

More information is needed, but if you are over 21 years old, it may be in their best interest for you to petition them. Again, more information is needed. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any complications.

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3 Answers | Asked in Immigration Law for California on
Q: Is there a way to change a last name on tps approval notice
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Oct 16, 2021

There is not usually an option on a TPS approval. When someone naturalizes there is that option.

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2 Answers | Asked in Immigration Law on
Q: I have an Etsy shop based in Canada but I’m going to be in Montana for 5 months. Can I run my shop there without a visa?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 16, 2021

If you derive any income from any sources physically in the United States without work authorization you will be violating the terms of your lawful presence.

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3 Answers | Asked in Immigration Law for Florida on
Q: If I am an F1 student applying for CPT, is the internship mandatory to be in the same city as the college I study in?
Kyndra L Mulder
Kyndra L Mulder answered on Oct 16, 2021

As long as you have documentation to indicate that the internship is related to your education and affiliated with the school the location can be anywhere.

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2 Answers | Asked in Immigration Law for Illinois on
Q: I applied for OPT but i didn't use it. I'm getting 2nd master and OPT as well, is there any way I can do OPT this time?

I applied OPT for Master degree in 2018, but then I decided to come home and didn't use any day in the OPT process. Now I came back to the States and getting my second Master degree. I decided to apply one more time for the OPT. However, school DSO said that I'm unable to do so since I... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 15, 2021

You may select an immigration attorney of your choice to discuss your legal options directly in a conversational format.

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3 Answers | Asked in Immigration Law for Virginia on
Q: Can my son suffer legal consequences for living with an illegal immigrant? They’re married now, but she is out of status

She entered legally visa j1, them f1. Ended in 2012. Since then without papers. Living with my son since 2014. Married in 2018. Now, 2021 she wants to get green card

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 15, 2021

Your son may immediately petition. his foreign national spouse to adjust to LPR (Lawful Permanent Residency) right after they married, if he is a USC and she qualifies otherwise. There was no reason to wait three years.

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3 Answers | Asked in Immigration Law for North Carolina on
Q: I am in America with a tourist visa, and my father and mother are Americans, and I am old. Can I obtain a residence

I came with my husband and my son to America and I saw my father and my mother at an advanced age. I want to serve them, but I need to apply for legal residence. I am looking for a way with many thanks

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 15, 2021

You need to provide much more information regarding your potential eligibility to adjust your status.

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2 Answers | Asked in Immigration Law for Texas on
Q: If my mom was in jail then deported can she still try to apply for a green card?

She did finished the probation she was given, they gave her a bunch of paperwork that was not translated to her she just signed she’s been in Mexico for 6+ years. I have that paperwork with me as well.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 14, 2021

That is questionable, especially after she served time in jail. It that is a CIMT, she is not eligible.

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2 Answers | Asked in Immigration Law for California on
Q: Should I get a lawyer for an interview with a Special Agent HSI?

Hello, I’m a student currently in OPT program and I got married to a US citizen 5 months ago. I never got DUI, nor in problem with the law. My visa has expired but I’ve never been off from student status.

I suddenly received a call in letter g-56 form for an interview with a special... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 14, 2021

Do not act without a decent immigration counsel advising you on your next move: you may be detained, and issued a Notice to Appear in Immigration Court for removal.

Definitely discuss your issues without any delay even remotely with a good immigration professional.

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1 Answer | Asked in Immigration Law for California on
Q: How can my undocumented Mexican worker in Baja drive me to chemotherapy at VA San Diego and back same day? Thank you

I am US citizen and a tourist here (6 months at a time as required. Legal address Ca.) During treatment cycle I cross weekly. Getting harder to drive myself and my "worker" also good friend. :)

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 14, 2021

He cannot not.

Find a USC or lawful permanent resident for that chore.

3 Answers | Asked in Criminal Law, Immigration Law and Small Claims for California on
Q: Lady accusing me of theft and threatening with immigration and police.

I did some work at her house. She didn't want to pay what the price was. Left the work and now she is accusing me of stealing her house deeds.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 14, 2021

Anyone may make any type of accusations: the facts are these are just allegations.

She may call the police yet, the police will investigate that matter and in order to charge would need to gather enough evidence for the charges to be approved.

Secondly, calling immigration would...
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3 Answers | Asked in Immigration Law for Colorado on
Q: Can a immigrant get a new passport after lost?

Good afternoon, I have a problem and I would like to know if you can offer me any option, my partner has been staying extended or has passed his stipulated permit for a year now. He had a CC that he lost and the passport was his only identification, if he shows up at the Colombian consulate right... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Oct 14, 2021

Contact the consulate to know their requirements.

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3 Answers | Asked in Family Law and Immigration Law on
Q: I recently got my work permit and sponsor my spouse from India. Is it possible that i can sponsor my parents as well?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 13, 2021

You do not indicate your status in the United States and your legal grounds for sponsoring your spouse, however, even generally, you may not sponsor your foreign national immediate family members (parents) until you naturalize.

Seek a comprehensive legal consultation; it will be worth it.

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3 Answers | Asked in Child Support, Family Law and Immigration Law for Kentucky on
Q: What can we do if the father of an unborn child does not want to acknowledge the baby?

My friend is pregnant and is a resident of Japan. The father of the baby was in the US Navy and was stationed in Japan but recently got out of the military and is now back in his hometown (Glasgow, Kentucky). He refuses to acknowledge the baby and has since blocked my friend (and her friends) in... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Oct 13, 2021

Yes. He can be sued for support. By proving paternity the child may also have a claim to United States citizenship.

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3 Answers | Asked in Immigration Law for California on
Q: Where can I get immigration advice?

My husband is not a US citizen when his mother did his green card information the birthdate does not match his Mexican birth certificate. He has a social and ID and we pay taxes and own a home. I am a US citizen and we have been married since 2003. Now that the real ID will be a requirement that... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 12, 2021

More information is needed. We need to know more about his father.

In addition, he is subject to the law before the Child Citizenship Protection Act, since he was over 18 years old at the time of enactment. He may have other issues that can create complications, perhaps, deportation. I...
Read more »

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3 Answers | Asked in Immigration Law for Georgia on
Q: Can I travel with expired green card?

So my Green Card expired and the I-797 Notice Of Action ( Extra 18 Months ) has been expired also

My question is I have to travel outside the United States can I do that with my expired I-797 notice?

Thanks

Agnes Jury
Agnes Jury answered on Oct 12, 2021

You should not travel with an expired green card without a valid extension. You can call USCIS and request an INFO Pass appointment to get a stamp in your passport that will extend the validity of your conditional card. If your case is taking longer than USCIS processing times (check here:... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: What are my options?

Hello, I would like to find out what my options are? 4 years ago my visa expired. I was able to marry an american so I didn’t have to leave. We started to apply to adjust my status. However, I got busy with partying and having fun that I dropped the ball and never followed through with the... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Oct 12, 2021

You have admitted to attempted marriage fraud in order to get your green card. Not smart at all on a public forum that anyone can read. Consult in private with an experienced immigration attorney and take this question down ASAP.

2 Answers | Asked in Immigration Law for Massachusetts on
Q: Could I face issues while renewing 10yr E19 GC, if I get divorced before 2 yrs of receiving it? I had a 10 yr+ marriage

I'm an Indian citizen holding an E19 Green Card that was issued in Aug '20. I separated from my husband around July '21 due to irreparable issues in the marriage. We both want to apply for a mutual divorce by Nov, '21. The green card is a 10-yr one. My marriage has been of 10.5... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Oct 12, 2021

As the spouse of a priority worker you derive your status from his status. You indirectly received your LPR status through marriage. There may be questions regarding whether the marriage was a legitimate marriage. However, given the length of your marriage it is unlikely. If asked, it sounds like... Read more »

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4 Answers | Asked in Immigration Law for Virginia on
Q: Does the 90-day rule for the green card application apply for F1 visa? I traveled this summer, but was in the US before.

My partner and I want to get legally married so that I can start the green card application process. I've been in the US for college since 2017. I graduated in May and got an OPT extension that's valid until July 2022. I was travelling to visit family in Italy this past summer, and... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 12, 2021

The 90-day rule will apply to your case as well as the Service will review the motives and bona fides of the marriage.

If you have genuine feelings for each other, get married and start assembling all the documents to be filed after 90-days. If you marry to just obtain immigration...
Read more »

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1 Answer | Asked in Immigration Law for California on
Q: 90 days rule for adjustment of status and applying for parents greencards

We just became US citizens and I want to adjust the status of my parents by getting them their greencards. I read about the 90 days rule, is it absolutely necessary and if I file before that will USCIS deny their greencards? They have been travelling on a B2 visa for more than 15 years and never... Read more »

Agnes Jury
Agnes Jury answered on Oct 11, 2021

Here is a good article on this subject:

https://citizenpath.com/90-day-rule-adjusting-status/

If you still have questions or concerns after reading this article, I recommend you do a consultation with an experienced immigration attorney. Best wishes!

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