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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law and Adoption on
Q: I have an interview for an Ir2 I don't have pictures with my mom. Will the pictures be the grounds for visa denial?

We did had photos together but we were moving it was raining and we lost them all.

P.S: I am adopted

Monica E Rottermann
Monica E Rottermann
answered on Feb 3, 2023

Each U.S. Consulate can require different evidence for cases so you should review the checklist for the specific consulate where your interview will be held to determine which documents are required for your case. You can look at this website to see the requirements of each consulate:... Read more »

1 Answer | Asked in Immigration Law on
Q: My husband is Cuban crossed borders and was paroled into the US by CBP with a trial date 6 weeks away can he be deported
Monica E Rottermann
Monica E Rottermann
answered on Feb 3, 2023

If your husband was issued a Notice to Appear and was placed in removal proceedings he must attend his scheduled court hearing or he could be ordered removed for failing to appear.

If a Cuban has been paroled into the United States they can apply for a green card under Cuban Adjustment...
Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: Is my marriage legal in USCIS VIEWPOINT ? I asked Clerk of Oakland County MI. He said no.

Filipina citizen I brought to USA on K1. We were in MI in motel, used zoom for meeting for an online ceremony with officiant in Utah and two witnesses somewhere in utah also. Is our marriage legal for USCIS when it is not in the state we live in (MI) and were residence in, when we had online... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Feb 3, 2023

For USCIS, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated. Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed. If the marriage was... Read more »

1 Answer | Asked in Immigration Law for Wisconsin on
Q: How can I make sure my Nicaraguan companion and I can travel to Nicaragua together and return together at the same time?

I am a US citizen. He is a Nicaraguan citizen, here in the US. We want to make sure we can travel together there and back at the same time.

Monica E Rottermann
Monica E Rottermann
answered on Feb 3, 2023

You did not mention your friend’s U.S. immigration status. Your friend’s ability to come back to the United States will depend on their immigration status; they need to have a valid travel document that allows them to return to the United States. For example, if they have a valid... Read more »

1 Answer | Asked in Immigration Law and Adoption for South Carolina on
Q: Am I a US citizen?

Hello,

My adoptive father was a US armed forces serviceman (honorable discharge in early 90s) stationed in UK when he met and married my UK born mother in 1984. I was 3 years old at that time. I have no relationship with my biological father. I immigrated to the US on an IR2 visa and green... Read more »

Amanda B Cook
Amanda B Cook
answered on Feb 2, 2023

Shooting from the hip here, but my answer is that yes, you probably are. Apply for a passport using that BC and see if you get one. You might want to pay for a consutlation with a US immigration attorney first, though - one that deals in adoptions, specifically. It's probably worth it.

1 Answer | Asked in Immigration Law on
Q: Usa green Card Inadmissibility

I have been outside USA for more than one year as green card holder

Monica E Rottermann
Monica E Rottermann
answered on Feb 1, 2023

If your green card is still facially valid, meaning it is not expired, and you attempt to return to the United States, you should be prepared for U.S. Customs and Border Protection (CBP) to question you on the reason for your lengthy absence and raise that you abandoned your residency by staying... Read more »

1 Answer | Asked in Immigration Law and Criminal Law for Minnesota on
Q: can a person be deported if they were born in other country and adopted by US citizens as a baby?

my friend has lived in the US pretty much his entire life. He was adopted by two US citizens when he was a baby and they brought him to the US as a baby. Hes had a few rough years and was convicted of some drug related stuff. He was contacted by immigration and they are trying to deport him. His... Read more »

Sarah Gad
Sarah Gad
answered on Feb 1, 2023

This might seem odd, but the answer really boils down to one question: did your friend turn 18 before or after February 28, 2001 at 12:00 a.m.? If your friend turned 18 after this February 28, 2001 cut-off, (or was born after February 28, 1978 at 12:00 a.m.) he should be able to acquire citizenship... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I filed an i130 for my French husband in March, still waiting wondering if there is anyway he can stay in the Us

We wanted to know if there is anyway he can stay in the US while this is pending. He travels back and forth for 3 months at a time but it’s becoming costly at this point. We are also planning our big family wedding in June since when we got married in jan of 2022 it was during Covid.

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 30, 2023

Filing only the I-130 petition for your husband will not be enough for him to remain in the United States while the petition is pending. To allow him to stay, you must also file an I-485 application for adjustment of status.

If you are a U.S. citizen, filing the I-485 application for...
Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: TPS Renewal online but the question 24 is confusing

Hello! I am trying to renew my TPS online I came across question #24 What is the expiration date of the authorized stay shown on your Form I-94 or Form I-95?

Should I use the date of my first entry I-94 expiration date, or should I use the date on my current TPS form?

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 30, 2023

If you are trying to renew your Temporary Protected Status (TPS) and have encountered a question about the expiration date of your authorized stay, it is highly recommended that you seek the assistance of a legal professional. The correct answer to this question can have a significant impact on... Read more »

1 Answer | Asked in Immigration Law for Oklahoma on
Q: Q: Hi, I made mistake with my date of birth.

My country Has different date they Have Hijri shamsi Muslims date but United States of America has Different. when i changed my date of birth into American date i made mistake in years. I don’t have my country ID but i do have the picture of my ID is it Possible to correct my date of birth.... Read more »

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 30, 2023

it is possible to correct a mistake in your date of birth. However, the process may vary depending on the circumstances and the agency involved. In your case, since you made a mistake in converting your date of birth from the Hijri Shamsi (Islamic) calendar to the Gregorian calendar used in the... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: prosecutorial discretion vs. joint motion (I'm a greencard holder)

I got my greencard thru. marriage (married for 2 years now and have a baby). Recently, motion to reopen was denial (my deportation order). What is my next/best option?

Some advised me to do a joint motioin. some advised me to do a PD.

Thank you.

Kevin L Dixler
Kevin L Dixler
answered on Jan 28, 2023

If you are representing yourself at least you appreciate that you are doing something wrong. If you have representation, the discretion being used, that is, the advocacy and time spent to present the request seems to be ineffective or insufficient based upon the immigration judge's... Read more »

1 Answer | Asked in Immigration Law on
Q: Good morning Can I apply for humanitarian parole? Since I was asked to leave USA, and I brought my ticket and left.

I came in the USA illegally by sea. After 4 years I was asked to leave however my wife filled for me but they still asked me to leave and I left 4 years ago.

Please let me know if I’m eligible to apply for Bidden new program.(humanitarian parole)

Thank you!

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 28, 2023

Humanitarian parole is a discretionary form of immigration relief that is granted on a case-by-case basis to individuals who are otherwise ineligible for a visa or other forms of admission to the United States. To be eligible for humanitarian parole, an individual must demonstrate that there is a... Read more »

1 Answer | Asked in Immigration Law and Juvenile Law for Washington on
Q: Am I able to travel outside the US with a sealed record from when I was under 18?

I have a sealed record from when I was under 18 and I am planning to travel to India for 2-3 months. This was originally a felony but got reduced to a misdemeanor and later sealed.

Also, Would I have to check the boxes that state criminal records? Because it is a sealed record?

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 27, 2023

In general, if your criminal record has been sealed, it means that it is not accessible to the public, and it should not be considered when applying for most jobs, housing, or other opportunities. However, when it comes to international travel, the rules can be more complicated. It is possible that... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: How can I appeal if my CRBA applications are not approved or denied for over a year?
Min Hwan Ahn
Min Hwan Ahn
answered on Jan 27, 2023

If your Consular Report of Birth Abroad (CRBA) application has been pending for over a year, you may contact the U.S. Department of State's Office of Children's Issues at 1-888-407-4747 or via email at adoption@state.gov to inquire about the status of your application. If your application... Read more »

1 Answer | Asked in Family Law, Immigration Law, Child Support and Civil Rights for Alabama on
Q: As a 20-year-old Christian, if I am at the age of 20 and the age of majority in Alabama is 19, then what would happen i

As a 20-year-old Christian, if I am at the age of 20 and the age of majority in Alabama is 19, then what would happen if I moved to Mississippi, in which the age of majority is 21? Will I turn back into a boy in that state?

John Michael Frick
John Michael Frick
answered on Jan 26, 2023

The age of majority is governed by the law of the state with the most significant relationship to the contract or transaction in question. Your place of residence at the time of the contract or transaction will be a meaningful contact in that analysis.

1 Answer | Asked in Immigration Law for Nebraska on
Q: My girlfriend is her on a work visa, I am a U.S. citizen. Can we get married while she is here working.
Stephen Arnold Black
Stephen Arnold Black
answered on Jan 26, 2023

Yes. An immigrant who entered the US lawfully can adjust status to get a green card after marriage to a US Citizen.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Form I-130 is approved. Can my sister and her 2 boys (19 years old) come to the US and wait for the approval Form I-485?

I have filed Form I-130 for my sister (and her 2 boys) to come from Argentina. I received the approval from USCIS. Can she and her boys come to the US and wait here while we get her I-485 approved?

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 26, 2023

By filing the i130, they have demonstrated that they have immigrant intent. This would conflict with traveling her on a tourist visa which is only for non immigrant intent.

1 Answer | Asked in Divorce, Immigration Law and Family Law for Illinois on
Q: American husband wants a divorce. What type of lawyer do I need as a foreign born spouse, permanent resident?
Monica E Rottermann
Monica E Rottermann
answered on Jan 25, 2023

A family law attorney that handles divorces. You may also wish to consult with an immigration attorney to determine the impact this divorce might have on your status, for example, if you are a conditional rather than permanent resident.

1 Answer | Asked in Immigration Law on
Q: Son married after i naturalized and didnt notify NVC to upgrade I130 from unmarried son of LPR to Married son of US cit

I filed I130 for my unmarried son back in 97 he was 15 yo. Once case was approved it was never transferred to NVC because he was supposed to go through AOS which never did and never lived in US. I naturalized US citizen officially 2012 as per my Naturalization certificate, then, a month later, my... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jan 25, 2023

You will want to notify NVC about both your naturalization and your son’s marriage, as his visa category has now changed to F3 (married child of a United States citizen) and depending on his priority date, a visa may/may not be available to him at this time. As long as he married AFTER you... Read more »

1 Answer | Asked in Immigration Law for California on
Q: My fiance served time for crossing border w/marijuana in 01. Im a US citzn, we have 15 mo old, can get him a green card?

He served in Arizona, was released 2001. We have been together for 6 years 10 months, our baby is 15 months old. We want to get married and live here in California. He currently works for the IMSS (Mexican Institute of Social Security-Federal Medial Hospital) in Tecate Baja California.

Monica E Rottermann
Monica E Rottermann
answered on Jan 25, 2023

Depends on the amount of marijuana that he was caught with and exactly what he was convicted of. If he was convicted of possession for sale or something along those lines, this would constitute a drug trafficking conviction, which would make him permanently inadmissible to the United States.... Read more »

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