Immigration Law Questions & Answers

Q: My wife's I-485 adjustment of status is in process, but she does not have a SSN, what's the best thing to do? Thank you!

1 Answer | Asked in Immigration Law for California on
Answered on Jul 17, 2018
Hector E. Quiroga's answer
Your wife can apply for a social security card once she gets her work authorization.

You can show you are living together, such as with a rental agreement or even through statements from individuals who can attest that you married in good faith. Review the I-130, Petition for Alien Relative instructions on the USCIS website for more specific ideas.
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Q: what are the chances of release on his own ... cant think of the word if he has the 911 interupt call and asult?

2 Answers | Asked in Criminal Law and Immigration Law for Minnesota on
Answered on Jul 16, 2018
Jonathan Matthew Holson's answer
That is all dependent upon his criminal history. I have represented many clients who were undocumented who were released without bail. However, he could continue to remain in custody if there is an immigration hold that prohibits his release.
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Q: my friend was arrested for probable cause hang up 911 but was calledout on a domestic and they had no proof of asult?

1 Answer | Asked in Domestic Violence and Immigration Law for Minnesota on
Answered on Jul 16, 2018
Jonathan Matthew Holson's answer
The interference with a 911 call is a gross misdemeanor offense. He will need an attorney on that and likely will need an attorney to handle the immigration issue as well. He should not handle these on his own.
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Q: How long does it take?

1 Answer | Asked in Immigration Law for New York on
Answered on Jul 15, 2018
Leonard R. Boyer's answer
Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you...
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Q: What does motion to recalendar mean? What does it mean for my immigration process? If it got approved what then?

1 Answer | Asked in Immigration Law for New York on
Answered on Jul 14, 2018
Leonard R. Boyer's answer
This is something that can only be done by an experienced immigration attorney. An in person consultation would be required to determine exactly what it means in your case, but it could be positive, if it is granted. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to...
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Q: I have visa to China my girlfriend says it is difficult for her to get a Visa to come to America can I help at this end

1 Answer | Asked in Immigration Law on
Answered on Jul 12, 2018
Hector E. Quiroga's answer
Yes. It is difficult. Your girlfriend’s ability to get a tourist visa for the US depends on her ability to show that she is returning the China after a temporary visit. Entering with her husband suggests that she isn’t going to return to China.

You have two options:

1) Bring her here on a fiancée visa and marry her here; or

2) Marry her there, then when you return to the US you can begin the process to bring her here as an immigrant. You might be able to remain in...
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Q: Can one apply for citizenship or renewal if permanent residents’ card does not have an expiration date (old card)?

1 Answer | Asked in Immigration Law for Texas on
Answered on Jul 12, 2018
Hector E. Quiroga's answer
The government would like you to become a citizen; they are trying to get those old cards out of circulation. At the very least, they want you to renew your green card so it gets updated to the newest version, but it is not required.

Regarding your question vis-à-vis ease/speed/effectiveness of becoming a citizen or simply renewing your card: again, it’s not necessary to renew the card. Becoming a citizen is a good idea, however.
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Q: Can my mother petition my sister and her baby?

1 Answer | Asked in Immigration Law for California on
Answered on Jul 12, 2018
Hector E. Quiroga's answer
If your mother is a permanent resident, then your nephew can be included on your sister’s petition. If your mother is a citizen, then she can petition your sister, and once your sister is a permanent resident, then your sister can petition her son. If this is the case, your sister will need to balance caring for her son in the Philippines while still maintaining residency requirements in the US.
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Q: If retired Soldier die and wife have a Dependent ID Card but Green Card expired can she remain in Texas?

1 Answer | Asked in Immigration Law for Texas on
Answered on Jul 12, 2018
Hector E. Quiroga's answer
If the green card that expired was the 10-year card, then it is easy enough to request a renewal. If it was the two-year card, then it is still possible, but another form is used. We recommend that you consult with an immigration attorney for more details.
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Q: I just got married what form i should fill out I485 or I130 ?

1 Answer | Asked in Immigration Law for Virginia on
Answered on Jul 11, 2018
Hector E. Quiroga's answer
While we understand your concerns about cost, your case is a bit complicated, given the earlier finding of what amounts to marriage fraud. Even without that, the process of obtaining your permanent residence in the US is complicated, and it would be next to impossible to try to explain it in this type of forum. Some attorneys offer their services pro bono in some circumstances, and there are some not-for-profit agencies that provide immigration services as well. The Catholic Legal Immigration...
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Q: My daughter is going back here on October 2018 and she stayed here las march to may 2018. Will there be a problem?

1 Answer | Asked in Immigration Law for California on
Answered on Jul 11, 2018
Hector E. Quiroga's answer
Probably not; however, if she continues to spend a great deal of time outside the US, it could eventually be a problem. We recommend that she stay in the US for at least six months before she travels again and that she limit her travel outside the US to less than six months.
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Q: I am starting renewal process for my green card. Can I do walk in emergency biometrics before I receive appointment?

1 Answer | Asked in Immigration Law for Florida on
Answered on Jul 11, 2018
Hector E. Quiroga's answer
Some application support centers will allow applicants to have their biometrics done at a time other than the one for which they are scheduled, but an appointment notice is still required.
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Q: i am a natural born citizen.would my felony conviction stop my spouses process?

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Virginia on
Answered on Jul 9, 2018
Hector E. Quiroga's answer
It should not, depending on the crime for which you were convicted. Felonious assault or crimes of a sexual nature could be the exception. Check with an immigration attorney.
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Q: I am a green card holder want to marry Mexican girl(present in USA on tourist visa).Can she stay in USA after marriage?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jul 9, 2018
Hector E. Quiroga's answer
She cannot stay past the expiration date of her I-94. If you become a citizen, then she would not necessarily have to leave. There is no guarantee that she wouldn’t be deported, though. We suggest you speak with an immigration attorney about your case.
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Q: I have been helping my pastor mentor at-risk youths for 2/12yrs as B2 visitor, can she file I-360 religious worker?

1 Answer | Asked in Immigration Law for Georgia on
Answered on Jul 9, 2018
Hector E. Quiroga's answer
Public charge really isn’t really a hurdle to overcome for religious worker visas. The employer has to show that you will be appropriately compensated, and it is possible that your sister’s residence can be figured into that equation.

Be careful even volunteering on a B2 visa. That could be construed as a violation of terms of your visa.
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Q: Need an attorney advice on EB (Employment Based) Immigration

2 Answers | Asked in Immigration Law for Illinois on
Answered on Jul 9, 2018
Iskra Panteva's answer
You will need to schedule a consultation with an experienced attorney who can look in details in your qualifications and the position. Generally, it can be done but it will depend on your country of birth, highest education achieved, the financial position of the employer, your proposed duties, etc.
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Q: i not receive my document ( re-entry permit ) although it delivered to post office

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Jul 8, 2018
Salim U. Shaikh's answer
There might be a chance of documents misplaced and need to be re-issued on request.
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Q: Should i pay NVC to continue to interview or change a lawyer?

2 Answers | Asked in Immigration Law for Washington on
Answered on Jul 8, 2018
Salim U. Shaikh's answer
Current lawyer has certain advantage over a new one as he would have background information and details and need not to prepare afresh apart from less expensive.
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Q: I-130 petition for alien relative (brother) denied due to abandonment, can I restart the process?

1 Answer | Asked in Immigration Law for Virginia on
Answered on Jul 8, 2018
Salim U. Shaikh's answer
First you try to re-open the earlier petition and if asked to file afresh then you can put details of earlier petition for priority purposes.
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Q: We filed the i751 form 2 weeks prior to his 90 day deadline. It got returned for a missing sig. It said to sign and send

1 Answer | Asked in Immigration Law for Florida on
Answered on Jul 8, 2018
Salim U. Shaikh's answer
Follow their instruction and send back form duly signed.
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