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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Texas on
Q: I have my uscis biometric in 2wks but I can’t find my new passport but I have my old passport that been expired

The old passport has been expired for 5years what should I do? Will I be allowed for biometric?

Kyndra L Mulder
Kyndra L Mulder answered on Jul 29, 2021

You should be allowed in with your old passport. Bring a second photo id and/or your birth certificate (with English translation).

1 Answer | Asked in Immigration Law for Illinois on
Q: Do Former Asylees Seeking Citizenship need attorney at interview for visiting home country twice (parents sick )

Hi. My spouse and me are former religious Asylees. Now need to file for N-400. We traveled twice to home country due to severe illnes of father and mother in law and they passed away. our stay were 30 and 40 days long.

We have reports of illness and some pictures of staying at safe place... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 29, 2021

Yes. I strongly suggest you have an experienced attorney prepare your Applications for Naturalization, prepare you for the interview, and attend the interview.

The possibility of never seeing family again or not being able to be there when they pass is a tough consideration when making the...
Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: How to answer the Beneficiary Qualifications RFE received for a new H1B petition due to degree not related to the job?

USCIS is asking to show how the degree is directly related to the job but we provided individual courses from my degree that I have used to perform my job duties with the initial petition. What else will be required to build a strong case to answer this RFE?

Kyndra L Mulder
Kyndra L Mulder answered on Jul 28, 2021

Your question can not be answered without a thorough review of your file.

1 Answer | Asked in Immigration Law for California on
Q: If I sponsor my fiancé on a K1 Visa but live with my mom but file taxes as an independent is she part of the household

Would my household be of 2 me and my fiancée or would I have to include my mom even if she works and isn’t my dependent. Thank you in advance .

Agnes Jury
Agnes Jury answered on Jul 27, 2021

No. You do not count your mom. Here is a great guide on the subject: https://www.ilrc.org/sites/default/files/resources/intro_guide_affidavit_support-20180410.pdf

Best wishes!

1 Answer | Asked in Immigration Law for Florida on
Q: I dropped out from PhD program and obtained a masters degree in Economics 4 years ago. ISSS says no opt for me. apply ho

I can not apply for OPT as I graduate long time ago. I want to avail my OPT to start a job.

Linda Liang
Linda Liang answered on Jul 26, 2021

If it is not an option for you, it would help to look elsewhere for other path. Consult with a local attorney.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Traveling to Canada as US Citizens with kids who have green cards (but are eligible for US passports)

I am a recently naturalized US Citizen. My kids are eligible for derivative citizenship, but won't get their US passports in time before we are to travel to Canada. We have not applied for N-600 or passports for them. Can they travel using their still valid green cards, even though they have... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 26, 2021

Depending on the method of travel your children may be admitted back into the USA with just their green cards but they should have a travel document(s) or passport. I assume you are flying. I suggest you check with the airlines.

1 Answer | Asked in Immigration Law for Texas on
Q: I was a resident alien for about 30 years and paid into my SS most of that time. I was recently deported.

Can I get any of the money from my SS or is it a lost cause? Disability ? Am I elidgable

Kyndra L Mulder
Kyndra L Mulder answered on Jul 26, 2021

You are not likely eligible for disability however you may be eligible to receive your social security. I suggest you contact an attorney that practices in the area of social security law.

1 Answer | Asked in Immigration Law on
Q: Change of name of petitioner

Hi everyone please I’m about to submit my birth certificate on CEAC. My dad who is the petitioner has a change of name and has a affidavit from USCIS to support that. Currently the I bear the surname on the change of name documents

Should I attach my dad change of name to my birth... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 26, 2021

You may file either way and I suggest a cover letter that explains the situation.

1 Answer | Asked in Immigration Law for Tennessee on
Q: Can I enter the USA with a one-week valid H-1B visa?

My H-1B visa expires on 5th August 2021. Currently, I'm outside of the USA and planning to enter on 30th July 2021. Can I enter the USA with a one-week valid visa? Will there be any problem at the port of entry?

Kyndra L Mulder
Kyndra L Mulder answered on Jul 26, 2021

BP may very likely deny you entry into the United States. Normally you must have at least three months before your visa will expire. Secondly, if you only have a week left on your visa BP will presume that you are in violation of the terms of the visa.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Husband filed to remove conditions I want a divorce. Can he get alimony from me?
Kyndra L Mulder
Kyndra L Mulder answered on Jul 26, 2021

I assume your husband is the immigrant. He can have the conditions of his LPR status removed on his own by filing a waiver of the joint filing requirement. He can request alimony in a dissolution proceeding and he can request the affidavit of support be enforced.

2 Answers | Asked in Immigration Law, Employment Law, Civil Rights and Employment Discrimination for New York on
Q: My job asked me to share my college transcripts & diplomas to submit to U.S. immigration to help a new hire get a visa.

I work in NYC, at will, salaried. My employer requested that I share my diploma and transcripts so that they can share them with immigration officials to help a new hire get a work visa. My employer did not indicate that the request was optional. Can they legally request that? Can they share my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 26, 2021

The USCIS has gotten extremely obnoxious to employers for H1-b visa applications. The unrighteous restrictions placed upon lawful non-immigrant/immigrant employment visa applicants smothers the U.S. economy due to bigotry and ignorance. They used to allow 200,000 H1b visas in the 1990s, but it... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: If I self deport, move to another country where I can get citizenship such as Japan or Portugal. Could I come back?

I’m able to get a Portuguese passport could it be possible to self deport get my Portuguese citizenship and come back once a while to visit family and friends? Or would there be a problem since I had show illegal entry to the states before. I would like to add I was brought to the states when I... Read more »

Linda Liang
Linda Liang answered on Jul 24, 2021

Voluntary departure won't change the fact there was overstayed or authorized stay that triggered immigration bar. But depending on your circumstances, there could be waiver available to you. You should definitely consult with an experienced attorney.

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1 Answer | Asked in Immigration Law for Kentucky on
Q: Under form I-864, are there any restrictions on whether people with past felonies can act as a Joint Sponsor?
Agnes Jury
Agnes Jury answered on Jul 22, 2021

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant.... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: Can a foreign Pastor enter the US by invitation? From a person, or church, etc? Is the process for Visa the same?

Is there a different process for inviting clergy?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jul 20, 2021

It depends on what the pastor is coming to do. If the pastor is coming to teach congregants, preach at services and such gatherings a specific visa is needed. The reason is that the pastor will in effect be working. If the pastor is coming as a guest who will not do any of these things but only to... Read more »

2 Answers | Asked in Immigration Law, Personal Injury, Traffic Tickets and Workers' Compensation for Minnesota on
Q: MN Statute 169.18(8)(a) - I need an affordable lawyer who can help me on this traffic citation please.

On July 18th I was cited for following a car too close as he was turning right in front of me on a 35E exit to pilot knob road which is a two-lane road. MN Statute 169.18(8)(a) I did end up closer to the vehicle than I, myself, would have preferred since the front car slowed to turn much more than... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jul 20, 2021

The effect that this might have on your insurance rates depends on your prior driving record and your insurance company. There is no mechanism for tickets automatically coming off of your driving record absent some type of agreement with the prosecutor. I don’t necessarily expect it to affect a... Read more »

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1 Answer | Asked in Family Law, Immigration Law, Identity Theft and Social Security for New York on
Q: I seek assistance with sorting out identity issues (problems with birth certificate, social security due to name change)

I am assisting a young man (23yr old) who will graduate from college but who cannot proceed with things like drivers license, employment, etc, due to a troubled childhood situation in which his name was changed numerous times. The birth certificate (issued in New York City) has questionable... Read more »

Agnes Jury
Agnes Jury answered on Jul 19, 2021

This would be best handled by a civil litigation attorney as it sounds like it involves several name changes or may require one now. You may be able to get free help from legal aid clinics but if not you can always reach out to attorneys directly and ask if they would help for free. Best wishes!

1 Answer | Asked in Immigration Law on
Q: Can a Canadian citizen independent contractor working for a US company, visit family in the US on a tourist visa?
Agnes Jury
Agnes Jury answered on Jul 19, 2021

Hopefully your employment for the US company is considered to be engaged, performed and paid in Canada. Otherwise, you may be "working" without permission it the U.S. If you have any doubts as to this, I would recommend consulting with an immigration attorney who handles employment based... Read more »

1 Answer | Asked in Immigration Law for Arizona on
Q: My sponsor who adopted me and brought me to USA. Now has my green card with her and does not want to give it to me.

She threatened that if I take the green card from her she will get it revoked. Can she get it revoked?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jul 19, 2021

You need to immediately get more specific advice from a lawyer. No one is allowed to simply take another person's documents like that of to threaten them. There is a lawyer directory on this site and you can also go on the American Immigration Lawyers Assn and find a lawyer on their directory.

1 Answer | Asked in Immigration Law for Maryland on
Q: Domestic Air Travel With Expired B-2 Visa After Filing For Change of Status

I have applied for change of visa status after my marriage to a US citizen from B-2 to Green Card. The application has been received by the USCIS and I only have receipts from USCIS for my application. Can I travel by air freely within the US after my B-2 visa expires while USCIS processes my... Read more »

Agnes Jury
Agnes Jury answered on Jul 19, 2021

You should check with the airline that you will be travelling with but usually domestic travel does not require a valid visa, only valid ID. I would recommend that you bring the Notice of Action showing that you filed for your green card in case Border Patrol did get involved for some reason. Best... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: Does a person from Ghana qualify to apply for the immigration lottery? He is a Pastor and would like to move to the US.

He has no family in the US, does not need asylum, and is not an investor. Is lottery his only option left? Are there other options?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jul 18, 2021

The pastor from Ghana qualifies for the diversity lottery. They have to check the US government site to make sure the applications are still open.

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