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Immigration Law Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Immigration Law for New York on
Q: How to gain right to work for non us citizen?

All talent that we represent must either be a US citizen or have the

right to work within the US. In order to work in the adult industry in

the US two forms of US issued id's are required

Kevin L Dixler
Kevin L Dixler answered on Mar 4, 2021

That’s the law. You must be authorized to work. Those who are lawful permanent residents have the right to work, as well.

An employer has no obligation to petition someone for a work visa. The law requires the U.S. employer to first seek someone with the minimum requirements for the job...
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1 Answer | Asked in Immigration Law for Hawaii on
Q: Can my husband move to Hawaii with me (from Toronto) even if we are soon-to-be separated? I am getting the work visa.

I would like to move my family to Hawaii. I am looking to purchase a company and would therefore qualify for a work visa. However, my husband and I are in the midst of separating. I would like to assist his move to the US and wondered if I should delay the separation or if we can still all move... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 4, 2021

More information is needed. Have your petition for an investor visa been approved? If not, it can take a significant amount of time for U.S. visa petition processing. Likely, much more time than Canada. Perhaps, more time then you and your husband wish to wait.

As a result, I strongly...
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1 Answer | Asked in Immigration Law for Illinois on
Q: I got update on my I-129 F , saying that Department of State sent back my case to USCIS for review. What does it mean?

My petition was approved on December 9, and I received approval notice from USCIS one week later. A few days ago I contacted NVC about my case and they told me that my case isn’t in their system. So I decided to check my case status on USCIS, just in case. I was surprised and frustrated because... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 3, 2021

There was a ban on non immigrant and immigrant visas until the recent proclamation revoking former President Trump’s executive order. The National Visa Center had no other choice, but to send it back. However, there is now hope.

I strongly recommend an appointment with a competent and...
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1 Answer | Asked in Immigration Law for Maryland on
Q: I filled I-485 based on K1 visa, I got it back rejected due to incorrect payment, but my visa expired. What should I do?

Can I just send same documents with correct payment? Or should we add form I-130 as well? Thank you.

Agnes Jury
Agnes Jury answered on Mar 3, 2021

You should follow the instructions in the letter that was included with the package that was sent back to you. You should not need to add the I-130. Best wishes!

1 Answer | Asked in Immigration Law for Texas on
Q: I-751 application, mail delayed

Two weeks ago, I send my application for I-751. There is a mail delay and my resident card is about to expire. What should I do? I tried to contact Fedex but I do not have an answer yet.

Agnes Jury
Agnes Jury answered on Mar 3, 2021

I don't think you need to worry about it. Bring the package tracking history for the Fed Ex mailing with you to the interview to show that you mailed it before it expired. The delay in delivery being out of your control should excuse the late filing. Best wishes!

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Visitor visa overstay by 4 days, after applying for extended stay. Will there be issues in reentry to the US?
Adan Vega
Adan Vega answered on Mar 2, 2021

Your B-1/B-2 non- immigrant visa has been cancelled by operation of law after you overstayed the authorized period that was granted by CBP at the U. S. port of entry. Hence you may not be allowed entry after your departure from the U.S. unless you obtain the B-1/B-2 visa at the U.S. consulate.

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2 Answers | Asked in Immigration Law for California on
Q: If I don’t receive the receipt of my I -485 application before my I -94 due, can I still stay in the US?

I am a spouse of US citizen!

Came to US in mid Dec via VWP

Would like to apply for status change ?

But the time to leave the country is due on 9/ March, only 10 days away!

Agnes Jury
Agnes Jury answered on Mar 1, 2021

If you want to file for adjustment of status then technically you will not accrue "unlawful" presence from the time that USCIS receives your application and until they reach a decision on your application. So if they receive the application before your lawful stay ends, you should not... Read more »

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1 Answer | Asked in Criminal Law and Immigration Law for Florida on
Q: what are my chances of getting my citizenship if I am going to court for a aggravated assault and offered PTI in Florida

I am recently going to court for an aggravated assault with a deadly weapon in St Petersburg Florida. I was offered PTI program I have court on the 15th of this month to decide whether or not the court will accept my application. there's a high chance of my case being dismissed.

Kyndra L Mulder
Kyndra L Mulder answered on Mar 1, 2021

The crime is an Aggravated Felony and a Crime of Violence. This is a deportable offense.

Dismissal after completing PTI is an admission of guilt.

You are not only likely to be denied Naturalization you may be placed in removal proceedings.

I suggest you or your attorney...
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1 Answer | Asked in Immigration Law for Montana on
Q: The mother of my child is American. However she was born in England bt lived here 42yrs How can we get her U.S.citizens?

AS A child her Father ONLY- (dec-citizen), raised her inside the US. THEN She was 12 & forced into foster care. She had graduated HS, ALWAYS WORKED since age 17 or younger and always paid her taxes like ALL Americans SHOULD. She never has been on Assistance or has never asked the government for... Read more »

Nareshwar Singh Virdi
Nareshwar Singh Virdi answered on Feb 28, 2021

This is a complicated situation. We need more information to determine if she ever qualified as a citizen as a minor.

1 Answer | Asked in Immigration Law for Kansas on
Q: Immigration question for Venezuelan citizen.

My parents are Venezuelan citizens. They came to the US on a Tourist visa in early Feb of 2020, their goal was a 4 months visit but due to Covid restrictions they were unable to leave as planned and after a few failed attempts they haven't been able to leave the US as of Feb 2021. The last... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Feb 27, 2021

A US citizen adult child can sponsor their parents for green cards provided the parents entered the United States with permission. Parents can still adjust status to get a green card if sponsored by their adult child, despite that they are out of status. However I would advise your parents not to... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My husband has a i-485 adjustment for status interview (marriage based) coming up and had some questions.

As a petitioner, am I required to take a birth certificate with me to his interview? I don’t have my birth certificate and only have my U.S passport which states that I was born in the U.S...... my second question is that my husband submitted a medication examination form back when he was in his... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

If it was a 693 not necessarily. Here's the instructions on the 693:

https://www.uscis.gov/sites/default/files/document/forms/i-693instr.pdf

The exam is valid for 1 year before the I485. So if he files the I485 now, the question is did he get the exam a year ago? If more than a...
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3 Answers | Asked in Immigration Law on
Q: Hello, I am owner of company Inc in United States, but I am a citizen of Europe country Latvia. What type of VISA shoul

Hello, I am owner of company Inc in United States, but I am a citizen of Europe country Latvia. What type of VISA should I get to live and work in US and be able to bring my wife there too ? Thanks.

Nareshwar Singh Virdi
Nareshwar Singh Virdi answered on Feb 25, 2021

You can get an E2 visa to travel from Latvia to the United States. To evaluate you for other visas, we need more information. Please contact my office or any other competent attorney to assist with the matter.

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1 Answer | Asked in Immigration Law for Kentucky on
Q: What is the difference between "Legal Prospective Immigrant" status and a Green Card in the US Citizenship Act of 2021?

While I understand that this act has not passed either the House or the Senate as of yet, and as such is not yet law, I do not understand the fundamental differences in the 6-year LPI status vs. the current specifications of the Green Card. To my understanding, both LPI status and a Green Card... Read more »

Adan Vega
Adan Vega answered on Feb 25, 2021

The best way to explain the proposed "Legal Prospective Immigrant" (LPI) status is to first view the definition of the term " Prospective". "Prospective" means "expected or expecting to be something particular in the future".

In the proposed bill...
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1 Answer | Asked in Immigration Law for Florida on
Q: Can a neighbour (US citizen) with previous felonies co-sponsor my Affidavit of Support for a spouse visa for my wife?

I am currently unemployed and therefore, do not meet the financial requirements to support my wife with our spouse visa application? Will a close neighbour with the required assets be able to co-sponsor her? She has previous felonies for drug related offences (she left prison over 5 years ago).... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Feb 25, 2021

As long as she is willing/able to meet the financial and legal obligations of doing so, yes. The fact that she has a felony conviction in and of itself should not be a barrier.

1 Answer | Asked in Immigration Law on
Q: If a person was deported for an aggravated felony are any options available for re-entry to the US?

Does the sanctuary status of MA change anything with relation to possible options?

Hector E. Quiroga
Hector E. Quiroga answered on Feb 25, 2021

There might be a possibility of requesting advance permission to enter as a nonimmigrant. Consult with an immigration attorney familiar with such cases to see if there is a possibility for you.

1 Answer | Asked in Immigration Law for Missouri on
Q: I am on B2 visa,diagnosed with breast cancer.My visa expires.I want to stay here for medical purposes what should do?

Came to USA on 2019 October. Because of COVID and my health conditions I cannot go back to my country . My visa expires in 3 months. Since I am diagnosed with cancer recently (after coming here) and we don’t have treatment for my situation in our country , I want to stay here until I get... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Feb 25, 2021

You should be able to apply for an extension of your current status. Consult with an immigration attorney.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I get married to my boyfriend despite us not living together? I am a permanent resident. We are college students.

We are going to different colleges in different states and will probably be doing long-distance for a while. Will this marriage be legitimate in Massachusetts? He is not American. If possible, I want him to live with me in America permanently.

Hector E. Quiroga
Hector E. Quiroga answered on Feb 25, 2021

Yes. You will have to show evidence of good faith marriage as well as an explanation as to why you are currently living apart.

2 Answers | Asked in Immigration Law for Texas on
Q: Good morning, I just got married to a us citizen and need some help with status adjustment. I'm from South Africa.

I need to know what to do, i'm lost?

Adan Vega
Adan Vega answered on Feb 25, 2021

The U.S. citizen spouse can file the FORM I-130 and I-130A on your behalf.

If you entered the U.S. lawfully, you can file for adjustment of status (FORM-485).

There are other forms that are required and others that you can file to request additional benefits.

An experienced...
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1 Answer | Asked in Immigration Law for Washington on
Q: My Boyfriend has been going to court for 9 years to see what he can do about his visa. His lawyer hasnt done nothing

I feel he has got riped off .

Adan Vega
Adan Vega answered on Feb 25, 2021

The immigration court system is bogged down with more than 1.2 million cases and some cases have been pending for 9 years and more.

You can always ask the attorney to provide you with an update and a copy of the file.

You can also visit an experienced immigration attorney and...
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1 Answer | Asked in Immigration Law for California on
Q: What are the options to change an F2 visa to a work permit one

I am an MBA and mechanics engineering graduate, residing in the US for 2 years, there is a company interested in hiring me. What should I do?

Is there any other option to obtain work permission?

Adan Vega
Adan Vega answered on Feb 24, 2021

You can ask your prospective employer to prepare to file for the H-1B status on your behalf in April 2021. The prospective employer will need to register with USCIS on or after March 3, 2021 in order to be eligible to file the FORM I-129H.

An experienced immigration attorney can assist you...
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