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Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for Oregon on

Q: My Colombian wife is visiting on a B1/B2 tourist visa. Will she have to leave to apply and do the fiancee visa process?

Marshall J Goff answered on Jul 21, 2019

In short, her B1/B2 visa was given to her for tourist purposes. In order to get that visa, she had to show that she had non-immigrant intent, which means she did not intend to stay in the United States permanently.

This is important, because if she tried to adjust status while still in the...
Read more »

1 Answer | Asked in Immigration Law for Florida on

Q: How do I go about getting a green card as a professional?

I have been invited to work for a company in the US but don't have a work permit. I am currently in the US with a B1-B2 visa. I have been offered employment because I speak 5 languages and have a BA at the Academy of Arts in Amsterdam, Holland. I am a highly qualified administrator with 30+ years... Read more »

Stephen Arnold Black answered on Jul 18, 2019

Set up a consultation with an Immigration lawyer who will advise you of all the pathways that you can qualify to obtain LPR status.

1 Answer | Asked in Immigration Law for California on

Q: My fiance is in process of Naturalizing. If I get married with her, apply for GC, can she be considered as citizen?

I''m here by Student Visa and she has been a green card holder for 5 years. My visa is expiring and I need to leave the country by October. I know getting married with her when she actually has the citizenship is the best but I'm wondering if during the process of naturalizing can count as a... Read more »

Hector E. Quiroga answered on Jul 18, 2019

Your fiancé will not be considered a citizen until her application is approved. You can marry her before she becomes a citizen. We recommend you talk to an immigration attorney for more details.

1 Answer | Asked in Immigration Law for New York on

Q: Difference between I-485 and F-1 visa security checks?


I currently have a pending I-485 petition (EB2), with a current priority date. In 2009 and 2012, I applied for F-1 visa and in both cases, I got administrative processing for my "common name", which took a year both in 2009 and 2012. I was told that these were "FBI namechecks".... Read more »

Hector E. Quiroga answered on Jul 18, 2019

Possibly. The fact that you’ve been here so long could help; you’ve been pretty well vetted.

1 Answer | Asked in Immigration Law for California on

Q: My daughter was born in Mexico before I became a naturalized us citizen. Will she become a US citizen once admitted?

I got married in Mexico in October 2016 because my wife was pregnant. I then applied the citizenship application. My daughter then was born before i became a US citizen. She was born in April 2017 and I became a us citizen in August 2017 about for months after she was born. Now I petitioned for my... Read more »

Hector E. Quiroga answered on Jul 18, 2019

Your daughter will become a citizen automatically once she enters the US as an immigrant. To get her a US passport, you will need to show that you are a USC, that she is under 18, that she was lawfully admitted as an immigrant, and that she is living with you.

1 Answer | Asked in Family Law, Immigration Law, Civil Rights and International Law for Florida on

Q: changing second name in birth certificate

To whom it may concern,

I'd want to clear up a couple of questions, connected with a birth certificate topic.

We need to change a second name for an eight-year old child. A child has a double citizenship, from US and from Russian Federation (a birth certificate recieved in Miami,... Read more »

Bruce Alexander Minnick answered on Jul 17, 2019

This is not the right place to seek legal representation. This is a free public forum designed to allow members of the general public to ask participating lawyers general legal questions. If you want to hire a Justia lawyer, you should use the “Find A Lawyer” tab at the top of this page. You... Read more »

1 Answer | Asked in Immigration Law for Illinois on

Q: Conditional GC holder but have to divorce. What should I do about my GC?

I am married to US Citizen for little over 2 years and I have conditional GC.

He started to be very mean, he insults me, doesn't want to work, always have some excuse. He is often in a bad mood and in that case he says such a bad things to me. Even though I am the one supporting us in each... Read more »

Svetlana Kats answered on Jul 16, 2019

While you still married, collect all documents showing that your marriage is bona fide( real marriage). Same documents that you have collected for your marriage interview. After your divorce, immidiately file removal of condition on residency application based on bona fine marriage exemption to... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: just married, husband is British, we're applying for green card.

Husband admitted on visa waiver in 3/1999, overstayed until 12/2000. Husband readmitted on WT waiver in 1/2001 - he has his old I-94W and stamped passport.

No questions were asked about his prior overstay at his most recent inspection/admission in 2001. But if they'd asked, he'd likely... Read more »

Leonard R. Boyer answered on Jul 15, 2019

You really need to retain an experienced immigration attorney and have an in person consultation and document review. Otherwise, this will not end well.

1 Answer | Asked in Immigration Law on

Q: My I-130 has been approved now my I-485 is denied base for not filing all the form requirement, what are my options?

The denial is basis on not providing the affidavit support while filing the form, should I just file again or what can I do in this case?

Sheri A Benchetrit answered on Jul 15, 2019

You basically have two choices, you can either file a motion to reopen (Form I 290 B), pay the filing fee for this form and include the I 864 and supporting documents for the Affidavit of Support or you can refile the I 485 package again and pay the filing fees. Filing the I 290B is not a... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: My son is 11 have a green card but been living out of the USA going to school now he's not doing good an I want him here

Will there be a issue if he just comes back or do I have to file paperwork

Leonard R. Boyer answered on Jul 13, 2019

There is an insufficient factual basis to answer your question and address your concerns. Your situation is best handled by an in person consultation with an experienced immigration attorney. Do not let geographic factors get in the way of retaining the best possible attorney.

1 Answer | Asked in Immigration Law for Illinois on

Q: Is there a legal way for an Australian citizen to permanently immigrate to the US?

I have a girlfriend in Australia who wants to come to the US permanently to work with me on several internet business adventures. We do not want to marry at this time and she has no family on the states. Is there a path for her to immigrate here? Please let me know.

Thank you

Iskra Panteva answered on Jul 12, 2019

Yes. There are several ways for Australians to come over and work on temporary or permanent basis. We will need some additional information on the business and her qualifications in order to establish eligibility. So, contact an experienced immigration attorney to help you out.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Texas on

Q: Should I report someone directly to immigration for the citizenship fraud or hire an attorney to that for me?

If you lied or concealed relevant facts in order to obtain U.S. citizenship, your citizenship could be revoked. This is called illegally procuring citizenship.

I know of an individual who has obtained the US citizenship just the way described above. I would like this person to get... Read more »

Paul E. Tennison answered on Jul 12, 2019

You may consult with an attorney to discuss. Citizens have the right to report suspected criminal behavior to law enforcement and allow law enforcement to investigate. I am unaware of any law that would require you to report that individual at this time, so such a decision of whether and how to... Read more »

1 Answer | Asked in Immigration Law for Washington DC on

Q: What is the penalty for someone (green card holder) deliberately creating a false asylum application for their relative?

This is a confidential question.

Paul E. Tennison answered on Jul 12, 2019

This is a public forum, it is not confidential. I recommend you consult with an attorney about this in person. Obviously it is not good. You are stating that someone has engaged in fraud against the government. If discovered that person could be prosecuted and it may affect the immigration status... Read more »

2 Answers | Asked in Divorce and Immigration Law for New Jersey on

Q: I married an illegal immigrant (crossed border) and filed an 1-130, is it too late to file for an annulment?

I have been married for a year and some change now and have not consummated my marriage. I already filed an 1-130, but do not want to continue the process. Is there anyway that I could get an annulment? Will i still be financially responsible if I get a divorce instead of an annulment?

Bari Weinberger answered on Jul 12, 2019

Thank you for your question. I'm sorry that your marriage is ending. There is no time limit wherein an annulment must be filed. You can file for an annulment at any time during the marriage. As such, you are free to certainly do so if the relevant factors are present. Fraud is one such factor. With... Read more »

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1 Answer | Asked in Immigration Law for New York on

Q: how can we extend an Esta for another three months when visiting from France? do we have to leave the USA and come back?

I am us citizen and my parents in law are coming to help us with the baby and we would like them to stay as long as six months. s it possible to extend their stay here in the USA once they are already here or do they have to leave and come back, and if so, for how long? can they go to Canada for a... Read more »

Sheri A Benchetrit answered on Jul 12, 2019

Unfortunately, you cannot extend your stay when you enter through ESTA Waiver program. You would have to leave and make a new entry. It does not matter what country they go to, but leaving for a day or two or even a week and then attempting to return might be seen as visa abuse or as... Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: Do we need to file 130A for her husband? Can we file H1B for her after 130 filed? or we can't as she will have gc files?

I am planning to file 130 for my sister who is married to H1B guy and live in US on OPT.

Hector E. Quiroga answered on Jul 11, 2019

You file and I-130 for your sister. It is not necessary to complete any separate forms for her husband. A copy of their marriage certificate will show they are married. That is sufficient.

1 Answer | Asked in Immigration Law for Virginia on

Q: I can the the USA on a VWP I overstayed by about a month now. What are my chances I have a final deportation order ?

I came to the us in March on a VWP and my 90 days ended in June. My US citizen husband and I got married in May , we originally planned on AOS but some private issues made it so that we weren't able to file yet, we are considering moving to My home country ( Germany) but haven't found a clear... Read more »

Kevin L Dixler answered on Jul 10, 2019

Those who are put in immigration court are usually arrested, or notified after they file an application and the application is denied. A person must be issued a written notice to appear before the immigration court. Usually, there must be proof of service, but a person who is documented should... Read more »

1 Answer | Asked in Immigration Law for Ohio on

Q: Ask about can spouse who citizen can take green card?

Hello everyone... I want to ask, is that true if the spouse who citizen can take spouse who holds green card (they already marriage 7 years)? If can with what condition?

Matthew Williams answered on Jul 10, 2019

Are you asking if the citizen spouse can take away their husband or wife’s green card? No. They are not allowed to do that.

1 Answer | Asked in Immigration Law for Massachusetts on

Q: My husband is Canadian we received his green card in 2010. It expires next year and we are about to get divorced.

Will he have an issue getting it renewed? Should he renew it before we divorce so it's good for another 10 years or if he files for it's renewal now would anybody give him an issue and deny the renewal?

Kevin L Dixler answered on Jul 9, 2019

The divorce is unlikely to be an issue for simple lawful permanent resident card renewal. However, the USCIS may try review other factors, like his criminal record, if any, among other issues considered on the form due to the long delay. He should consider an appointment with a competent and... Read more »

1 Answer | Asked in Immigration Law and Municipal Law for New York on

Q: Can I as a non-us citizen, bring a victorinox multitool with a knife into NYC?

I'm going to a scout camp in WV, and want to bring my victorinox (swiss army knife). We're flying to New York LGA. Therefore i was wondering if i'd be allowed to bring it?

Leonard R. Boyer answered on Jul 9, 2019

NO that is not legal at all, especially flying into an airport. I really do not know what you thinking.

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