Immigration Law Questions & Answers

Q: My son is a US citizen his wife Polish they live in UK. Are they better to apply for her residency to US in the UK or

1 Answer | Asked in Immigration Law for Florida on
Answered on Aug 23, 2017

If they are both residing legally in the United Kingdom, your son may be eligible to file his Petition for Relative with the overseas USCIS office in London. See generally: https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office The processing time for a Petition for Relative through the overseas USCIS office would likely be faster than through a USCIS office stateside. Your son may wish to schedule a consultation with a competent...
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Q: my dad aplyed to get his resedincy throug me, his daughter, and he was wondering if he is going to have to go to an.

1 Answer | Asked in Immigration Law for Colorado on
Answered on Aug 22, 2017

It depends upon the evidence presented and the discretion of the USCIS, which may demand more evidence or insist upon an interview, among other evidence that has yet to be provided. If he is somehow inadmissible, based upon his past, he may be placed in deportation/removal proceedings. Some who apply are unaware of the numerous reasons that can result in denial.

The above is general information, not legal advice, and does not create an attorney client relationship. Nothing...
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Q: Can I ask NVC to extend my parents one year visa processing validity due to my farther's medical condition.

1 Answer | Asked in Immigration Law for California on
Answered on Aug 22, 2017

Yes, but it may be best to begin the process sooner, since it may take a year for some applicants to get all of the paperwork together. Every call that is made may extend the right to file up to a year, but care needs to be undertaken when requesting an extension. The reason for the extension should be explained and carefully documented in case there is an mistake made by the State Department.

The above is general information, not legal advice, and does not create an attorney client...
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Q: Can I apply for asylum if I change my religion while in the United States

1 Answer | Asked in Immigration Law for Idaho on
Answered on Aug 22, 2017

Yes. You will not need to worry about the one year deadline because of a change of circumstances, and because you are in current lawful status. Consult an immigration lawyer for specific direction based on your specific case.
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Q: I am green card holder , if i surrender my green card , can I apply for it again

1 Answer | Asked in Immigration Law on
Answered on Aug 21, 2017

You are required to permanently reside in the U. S., but simply travel back every two years. You are required to file tax returns unless you earn less than the threshold to file. It seems that you may have 'abandoned' your lawful permanent resident status. You must maintain a residence in the U. S. to the satisfaction of the D.H.S.

If you give up your lawful permanent resident status or are deemed to have abandoned it, then it can prove quite difficult to obtain it, again, even if...
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Q: conditional marriage based green card

1 Answer | Asked in Immigration Law for Michigan on
Answered on Aug 18, 2017

Although USCIS generally expects that married persons should be living together, it is possible to get an I-751 Petition approved while living separately. The difference between approval and denial will depend on the quality of the petition and supporting documentation. I suggest that you work with an experienced immigration attorney to avoid certain mistakes and to have the best chance of success. Best wishes to you.
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Q: Hi can I use my original birth certificate from Argentina to apply for US citizenship ? I am a permanent resident .

1 Answer | Asked in Immigration Law for Connecticut on
Answered on Aug 18, 2017

Your original birth certificate should be fine as long as it has all the required information upon it. However, if it is in a foreign language, all foreign language documents must be translated into English. You should provide a plain photocopy of the original document and its translation into English, which can be translated by a professional or anyone who is fluent both in English and your native language. However, you cannot do it yourself if you are the petitioner or the beneficiary of this...
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Q: I am a 16 permanent resident who was filled for a green card by relatives do I own all rights to my green card?

1 Answer | Asked in Immigration Law for New York on
Answered on Aug 18, 2017

If you already have a permanant green card that was obtained through a genuine family relationship, the relative who sponsored you cannot withdraw or cancel your green card. It is too late to change his or her mind.
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Q: Can I report a domestic abuse without filing charges? Does it go on my husband's record?

1 Answer | Asked in Employment Law, Immigration Law, Child Custody and Domestic Violence for California on
Answered on Aug 17, 2017

I see no way that would not affect his legal record as court records are public documents. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: My childrens father was deported however he came back over illegally. If i file for child support will result in him

1 Answer | Asked in Child Support and Immigration Law for Maryland on
Answered on Aug 17, 2017

Highly likely. But, if he is not supporting his children, why would you care?
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Q: Can my wife petition her sisters and mother all in one process? Her mother has a 13 year old and a 4 year old

1 Answer | Asked in Immigration Law for Florida on
Answered on Aug 16, 2017

Once your wife naturalizes, she can file separate petitions for her mother and sisters. Her mother will not be subject to the quota system that does exist for certain other family members, like siblings. In other words, so long as her mother does not have any negative past criminal history or negative past immigration history of her own, that case should move along according to normal processing times. For her sisters, the line to immigrate based on a petition filed by a U.S. Citizen sibling...
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Q: I got rfe on my H1b amendment and filed response,Now waiting for uscis response. In this time can I do new transfer

2 Answers | Asked in Employment Law and Immigration Law for New York on
Answered on Aug 16, 2017

I believe only if you file a new transfer request and cite to the pending response to the RFE...

Call USCIS directly for a precise answer, they are constantly changing their rules.
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Q: My husband, we are gay and we are having an interview for i751. I would like an attorney present he doesn't.

1 Answer | Asked in Immigration Law for New York on
Answered on Aug 15, 2017

Marriage green card Interviews are always safer and usually go better when an attorney is there. This applies to both same sex and opposite sex marriage interviews, both types of which I have attended with successful results. A party to the marriage can sometimes have many types of reasons for not wanting an attorney present. In the nearly 40 years since I began attending marriage-based green card interviews for clients, I have never heard yet of a GOOD reason for going to the interview without...
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Q: Hello, I am citizen, can I apply for permanent residence status to my 18 years old daughter, who came with Esta ?

1 Answer | Asked in Immigration Law for Florida on
Answered on Aug 15, 2017

Although there is a general prohibition against adjustment of status (changing from visitor to U.S. legal permanent resident from within the United States) for those who entered the United States as a visitor under the Visa Waiver Program (ESTA), there is an exception for those who meet the immigration definition of "immediate relative," which includes spouses of U.S. Citizens, parents of U.S. Citizens and minor (under 21), unmarried children of U.S. Citizens. The immigration service will also...
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Q: I married an American citizen he filled for my daughter she was under 18 at the time, her papers got denied because the

1 Answer | Asked in Immigration Law for Florida on
Answered on Aug 15, 2017

When you say that her "papers got denied," are you referring to (1) the Petition for Relative or (2) an Adjustment of Status Application or Immigrant Visa Application. If you are referring to the petition for relative that your husband filed on behalf of your daughter, did he refile that petition while she was still under 21 years old, and does that petition remain pending or has it since been approved. To the extent that your daughter is NOT currently the beneficiary of a pending or approved...
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Q: My court is in Pittsburgh, and i have attorney but he is not giving full information about court.

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Aug 15, 2017

If you have a lawyer, you should work with your lawyer and ask him these questions. If your lawyer is unresponsive, you have the right to change lawyers.
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Q: Hello, i was recently released under the bond, and given time to make documents to become legal resident.

1 Answer | Asked in Immigration Law for Pennsylvania on
Answered on Aug 15, 2017

If you were released on bond from York County Prison, you will have court in Philadelphia soon or on the Pittsburg docket depending where you live. I would strongly recommend consulting with an immigration attorney as soon as possible. When were you released from DHS custody?
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Q: Parents Name on My Birth Certificate does not match with their Passport

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Aug 14, 2017

Just try to document the name change or discrepancy. You may need to submit DNA evidence, but that would be in the worst case scenario. I would also consider working with an attorney.
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Q: Are we banned from the US?

1 Answer | Asked in Immigration Law on
Answered on Aug 13, 2017

Your brother might have some options since he was a minor when all of this occurred. In general though, it's hard to say without an in-depth consultation.
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Q: in 2001 i got I dwi in Dallas, I left USA after I paid my fine release and leave the country, still the case open?

1 Answer | Asked in DUI / DWI and Immigration Law on
Answered on Aug 10, 2017

This is a mess that happens thousands of times per year, as most people find they MUST come back to the USA, eventually. Your best option is to hire a true expert in criminal law, and try to dig into records, and unravel your questionable status. You did not say if you have American citizenship, or not.

Call Troy McKinney. He is based in Houston, but can connect you to whomever is needed, if in another city.

713-951-9994

Referred by William C. Head of Atlanta
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