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Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Illinois on
Q: I would like to know the process of obtaining green card for my mom who has been living in the U.S for most of her life

I would like to obtain a green card for my mom who is currently living in the US. I am 25 and married. My mother has been in the US for more than a little more than 26 years. I would like to know the process and the possibilities of getting her a green card.

Stephen Arnold Black
Stephen Arnold Black answered on Jan 24, 2020

Are you a US citizen? If so, then you may have a case. Discuss with counsel.

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1 Answer | Asked in Immigration Law for Kentucky on
Q: My wife came from Ecuador on a travel visa , we got married 1-11-20 . She can stay 6 months on the travel visa , what to

What do we do please

Stephen Arnold Black
Stephen Arnold Black answered on Jan 23, 2020

She can adjust status to obtain her green card but if you married her within 90 days of her entering the states with a tourist visa then expect enhanced interrogation at your green card interview as to her true intent. Consider working with an attorney to help you. Counsel anywhere in the USA can... Read more »

1 Answer | Asked in Immigration Law on
Q: How can i apply for green card on day 1 on landing on H1B. Regards, Devansh Chaurasiya

I m from india. How can i apply for green card on day 1 on landing on H1B. Regards, Devansh Chaurasiya

Kevin L Dixler
Kevin L Dixler answered on Jan 23, 2020

It’s not your choice, it’s the employer that petitions, if necessary. The H1-b dual intent visa requirements are minimal compared to labor certification for an immigration work visa. The application often cannot be filed until the Department of Labor first agrees that a U.S. citizen or... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Could I apply for Special Immigrant Juvenile Status?

I am a 17 year old living in Texas who was brought into the united states illegally at the age of about 14 months, I have never had a father figure due to the fact that he abandoned my mother and I, a bit after my birth [in Mexico], and am really looking for a way to legalize myself due to the fact... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 21, 2020

In order to get that status, you have to show that you are in the custody of the state. If you are living with your mother, that is probably not the case.

1 Answer | Asked in Immigration Law for Georgia on
Q: By when do I have to mail in my I-539 application?

I am an F1 student pursuing an undergraduate degree in business management at Georgia Tech. Due to unstable mental health, I was academically dismissed and SEVIS was terminated on August 27. I later petitioned to the Faculty, and the dismissal was revoked on medical grounds on December 12. So now I... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 21, 2020

Ideally it will be received by USCIS no later than the 27th. You should send anything to explain why your status should be extended/reinstated, so it is probably a good idea to include the Petition.

1 Answer | Asked in Immigration Law for Georgia on
Q: Can my husband and I try to apply for his citizenship?

My husband is trying to get his citizenship but has a domestic charge from 2009 (I was the victim) and possession (less than 5g) from 2013. We tried to go through a lawyer previously who scammed us of our money. He applied for citizenship prior to us being married but was denied. What can we do?... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 21, 2020

A domestic violence conviction can negatively affect a citizenship application, but to know for sure if it requires knowledge of the statute under which he was convicted.

Also, the possession issue is serious unless the substance was marijuana for personal use.

We understand that...
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3 Answers | Asked in Immigration Law for Florida on
Q: My mother (green card holder) married an US citizen. I got my green card from him. How long I become a US citizen?

My mother has a green card. My stepfather is a US citizen and I got my green card from him. Do I have to wait 3 years or 5 years to become a US citizen?

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jan 20, 2020

The "3-year rule" applies to a permanent resident applying for naturalization who is married to and living with a U.S. Citizen. So, unless you would be basing your own naturalization application on your marriage to and cohabitation with a U.S. Citizen, notwithstanding how you obtained your... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: 3 years wait time for naturalization, can some time counts towards that 3 years?

I am married to an american citizen for 10 years prior to coming to the US, in 2018, on an L1-A (manager transfer) visa. I received my green card last December of 2019 after a petition for alien relative.

I understand naturalization has a 3 years wait time before applying, after obtaining... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jan 20, 2020

Unfortunately, no. The 3-year clock regarding eligibility for naturalization under INA § 319(a) begins as of the date you acquired U.S. legal permanent resident status.

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1 Answer | Asked in Immigration Law and Education Law for Nevada on
Q: I’m 16 years old and I can’t find any path to becoming a citizen.

Basically when I was 6 months old my parents brought me to the United States and overstayed their VISAS. Nobody in my direct family is a legal citizen, and I am at a loss for answers. I’m currently going to a CTA highschool and I want to go to university and college, but I have no idea how to go... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 18, 2020

The question requires legal advice that can take time and should be limited to an appointment, perhaps, a legal opinion.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, who will take the time to carefully explain what...
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1 Answer | Asked in Immigration Law, Arbitration / Mediation Law and Business Law on
Q: We have LLC In California. We are 4 members in LLC. Now we have dispute. 2 members are on one side having 33.3% .

1.in this condition how the matter will be solved and make us more powerful as per state law.

2. In original LLC we had equal rights as a members. But the ist party change the SOI declaring himself as owner of the company without informing us.

How can we protect our rights and what... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 18, 2020

This does not appear to be an immigration question. Please elaborate?

1 Answer | Asked in Immigration Law on
Q: My wife already had a tourist visa before we decided to get married, can she come to the US on it?

We got married back home. Can she come to the US on the tourist visa and file for AOS when she gets here? She was granted the tourist visa prior to our decision of getting married. Could she be denied entry on this tourist visa because she is married to a US citizen?

Stephen Arnold Black
Stephen Arnold Black answered on Jan 18, 2020

She should not attempt to come here on a tourist visa because that would be in conflict with her real intention of wanting to reside permanently. If you are already are married she needs to apply for a spousal visa and process at the US consulate in her home country and enter the states when her... Read more »

2 Answers | Asked in Immigration Law for North Carolina on
Q: I am wanting to apply for a visa for my husband who resides in another country. I was told i need 3 years proof income

I was employed for over 15 years at the same job which i resigned in January 29,2019 to take care of a family member who got cancer which right now is in remission thanks to God! Now i am planning on going back to work. Can you tell me if i can apply for his visa and if theres a chance it will get... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 18, 2020

You need to file an affidavit of support and provide the current year tax return. If your adjusted gross income is at least 125 percent of the poverty threshold depending on the number of people residing in your household (including your immigrant fiancé) then you won’t need a joint financial... Read more »

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1 Answer | Asked in Immigration Law for Missouri on
Q: In Missouri, can an immigant and a U. S. Citizen apply for a marriage license. If so, what are the requirements?
Stephen Arnold Black
Stephen Arnold Black answered on Jan 18, 2020

Yes some states require a valid picture ID like an unexpired passport with photo id. For the immigrant spouse.

1 Answer | Asked in Immigration Law for New York on
Q: I cannot remember the date of marriage that I used(if any) on the paper I-130 i filed for my sister in Bangladesh

NVC is asking for the fees and complete Immigrant Visa Application. I paid fees and working on the application now and I have all the info BUT the marriage date I used for the original I-130 document 12 years ago, I cannot even remember if I put a marriage date down for her. Requested a FOIA... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

Doesn't your sister remember her date of marriage?

1 Answer | Asked in Immigration Law for North Dakota on
Q: What to do if you are on OPT and receive the EAD before the OPT expires?

I'm getting married in May, and I am also graduating from my MBA in May (I have a F-1 visa). I'm planning on applying for the OPT soon and applying for the green card right after the wedding in May. How does it work if my OPT start date is in June, for example, and I apply for the green card at the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 16, 2020

First, it doesn’t make sense to apply for an EAD through adjustment right off, since you will have a current EAD. If your OPT EAD comes to within four months of expiring, and your green card has not yet been approved, you can apply for a new green card based on a pending adjustment application at... Read more »

1 Answer | Asked in Immigration Law for North Dakota on
Q: Last name is different from birth certificate and passport, can I have issues when applying for green card?

I'm getting married in May and applying for the green card right after, but I was wondering if I can have issues with my future wife changing her last name to mine since on my passport, they put my middle name with my last name My last name on my birth certificate is different from the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 16, 2020

You need to show proof of lawful name change.

1 Answer | Asked in Immigration Law for California on
Q: I got married to get my citizenship. I am now a 5 years citizen can I still get deported?

Someone is threatening me to report me of how I got my citizenship. Can I still be deported?

Hector E. Quiroga
Hector E. Quiroga answered on Jan 16, 2020

In order for you to be deported, the government would need to determine that you married not in good faith but to evade immigration laws. Someone’s say-so that you didn’t is not enough.

1 Answer | Asked in Immigration Law for New York on
Q: Is there any other way?

Hi, So i in few months i am going to marry a girl i have been dating for a while now...she is a US citizen, i have filed for divorce for my previous spouse once it gets approved i will right away marry this girl, i have a child from the previous marriage who is above 18 years old right now... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 16, 2020

This is strictly an Immigration issue not family law.

2 Answers | Asked in Immigration Law on
Q: Married to green card holder who is active duty army, green card help

I’m an international student and my husband is a green card holder, he is scheduled to be deployed in March and is wanting to file for a spousal green card. We’ve been married 8months now, however I’m still in status as I’m enrolled. How do we go about it? The uscis website says we should... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 15, 2020

It will depend upon where you live and how organized both USCIS and the filing is. The F2A category is current, which means that you may be able to adjust status sooner than normal. This will require a significant effort to get the matter expedited. If not, this can create complications.... Read more »

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2 Answers | Asked in Immigration Law for Colorado on
Q: A friend wants to immigrate to the US. He has $200K to invest in a business. How can he legally immigrate?

I immigrated to the US in 2002 and became a US citizen in 2008. My friend now wants to immigrate as well and has around $200K to invest in a business here. He is from South Africa and used to be in law enforcement and security. Due to the political conditions, extremely high crime rate, everyday... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 15, 2020

He should discuss with counsel here in the states about applying for an investor visa. An E2 visa may be a perfect fit for him which would allow he his wife and kids , if any to get visas.

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