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Alabama Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Alabama on
Q: I-130 was refused but we can't locate case and don't no reason of refusal. 3 mths. since returned. No NOIR or anything
Jesus Martinez
Jesus Martinez answered on May 2, 2020

You can file a FOIA request to see what USCIS has oin your case file. The receipt notice is in the file.

1 Answer | Asked in Immigration Law for Alabama on
Q: Is it true that in some cases a consular officer doesn't have to give a reason for visa refusal.
Kevin L Dixler
Kevin L Dixler answered on Apr 30, 2020

Yes, if a consular official reasonably believes that someone is disqualified, then the visa application can be denied without further clarification. That is why you received a section 221(g) determination.

To find out more, if it’s even possible, will take diplomacy, among other...
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1 Answer | Asked in Immigration Law for Alabama on
Q: Can I travel outside the country while my OPT is pending and before graduation date?

I applied for the OPT AND GOT THE RECEIPT FROM USCIS. I will be traveling outside the US before my graduation date for 10 days and I have my F1 visa and the I-20.

Hector E. Quiroga
Hector E. Quiroga answered on Feb 28, 2020

All other things being equal (you are not from one of the countries upon which this administration has imposed a travel ban), you should be able to return to the US under the circumstances described.

2 Answers | Asked in Immigration Law for Alabama on
Q: A family came to do volunteer mission on B visas. We'd like them to stay (change status to R). Can the dependents stay?

The primary will go from B to R (I-129), but can the dependents stay in the US while this is in process? How do I apply for R2s for them? Will they have to return to Bahamas while this is in process, or do they have to return after approval? Is there an additional form to file with the I-129? 2... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Oct 23, 2019

Retain counsel to represent you. A consultation should be set up so that the facts of the case can be reviewed. Counsel anywhere in the USA can represent you.

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2 Answers | Asked in Immigration Law for Alabama on
Q: I AM TRYING TO IMMIGRATE MY WIFE FROM PAKISTAN. THEY ARE SAYING OUR PETITION IS BEING CANCELED ?

WE HAVE COMPLIED WITH EVERYTHING THEY HAVE ASKED

Denise Anderson
Denise Anderson answered on Sep 25, 2019

Without reviewing the forms you submitted. I cannot provide a feedback regarding why the petition was cancelled. I recommend that you contact an Immigration attorney to review the forms you submitted, and to review the notice you receive from Immigration Services. The attorney can provide the... Read more »

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1 Answer | Asked in Immigration Law for Alabama on
Q: Hi i was married in the u.s but got married in india does that count as polygamy too even after i got divorced here u.s.

I was married in u.s when i got married in india in 2015 but later got divorced with my x wife in u.s in August 2015 can i still file for my present wife in india for i130 or isit a big problem since im Muslim and allowed 4 wives? Plz help im really confused

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Aug 21, 2019

No. USCIS does not recognize polygamous marriages even if valid in the place of celebration. You will need to remarry your "second" wife (the one you married in India in 2015) to be able to file a family petition on her behalf. I suggest that you consult an experienced licensed... Read more »

1 Answer | Asked in Immigration Law for Alabama on
Q: Hi i want to file for my wife i130 we got married in Jan 2015 but i was married before that and got my divorce aug 2015

I got married in india and i was married here in u.s before that im on my greencard ! Plus in my religion i can marry upto 4 wives legally in india

Kevin L Dixler
Kevin L Dixler answered on Aug 20, 2019

The U.S. bars polygamy. You can only be lawfully married to one person at a time. If you were married to more than one person, but did not report it to the USCIS, then you misrepresented a material fact. This can result in the revocation of lawful permanent resident status. I don't know... Read more »

1 Answer | Asked in Immigration Law for Alabama on
Q: Was there a change of service centers?

I live in the state of Alabama and I filed for the I-130 for my husband who lives in Albania. I saw that for Alabama we are under the Texas service center, however on my I-797C receipt it says Nebraska Service Center. Is that normal to be processed under a different service center?

Hector E. Quiroga
Hector E. Quiroga answered on Jul 9, 2019

USCIS spreads the petitions among the service center based on the type of petition. They also try to balance the workload between the centers.

1 Answer | Asked in Immigration Law for Alabama on
Q: I am in EB2 priority date 2011 waiting for GC for the last 8 years, I am looking for options to convert to EB1
Kevin L Dixler
Kevin L Dixler answered on Jun 2, 2019

Not a lot of people can ‘successfully’ do so. I strongly recommend a teleconference with a competent, ethically considerate and experienced immigration attorney with time to advise and investigate before you take action found to be without merit by the USCIS. Good luck.

1 Answer | Asked in Immigration Law for Alabama on
Q: I have my Naturalization interview. They are asking for selective service registration which I don't have. Please help.

I have my Naturalization interview. They are asking for selective service registration which I don't have since i am now 31 years old. I came to USA in non immigrant visa status, student visa F1 status. Also, I was over 26 when I file for green card. Can you please let me know what should I do here.

Hector E. Quiroga
Hector E. Quiroga answered on Apr 30, 2019

It is unlikely that you will need it. If you remained a student until you filed for your green card, then weren’t required to register. In addition, if you are over 31 years of age, then it doesn’t matter anyway, since more than five years have passes since you turned 26. You can write a... Read more »

1 Answer | Asked in Immigration Law for Alabama on
Q: What are the risks to divorcing a US citizen as an undocumented immigrant?

I am an undocumented immigrant (I entered the US legally and overstayed a visa) and I got married last year to an american citizen. She now wants a divorce. How could this affect my stay in the US?

Karina Garcia Herhusky
Karina Garcia Herhusky answered on Dec 21, 2018

Usually when an immigrant marries a U.S. citizen and the U.S. citizen files a petition for permanent residence on behalf of the immigrant, the immigrant is granted conditional permanent resident status until the couple has been married for two years. This two year conditional period is supposed to... Read more »

1 Answer | Asked in Immigration Law for Alabama on
Q: Can I still retain my opt if my Ex employer filed a withdrawal of approved H1 B before Oct 1st

I ran into an issue with my H1 B. My H1 B is approved by an employer and starts from Oct 1st, 2018. But my employer terminated my employment on Sept 17th, 2018 and he applied for a withdrawal of H1 B petition to USCIS on Sept 20th,2018. So I can get back to my STEM OPT (Valid Untill 2020) right? I... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 26, 2018

Your OPT is independent from your H1B, so if your OPT EAD is still valid, then you can continue working with it.

1 Answer | Asked in Immigration Law for Alabama on
Q: My OPT was approved in March, I got a job offer and began working in may.

What steps should i take to change status? I'm considering an HB1 and then later permanent residency

Carl Shusterman
Carl Shusterman answered on Jun 6, 2018

Your employer should submit an H-1B petition for you in April. If you are selected in the H-1B lottery, you can get an H-1B visa. Otherwise, if you are eligible for STEM-OPT, make sure that your employer is on E-Verify and that way you can get another 2 years on OPT.

US immigration law...
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1 Answer | Asked in Immigration Law for Alabama on
Q: Do I automatically have dual citizenship: Philippine-US?

I was born in the Philippines, immigrated to America, and now my mom has gained US citizenship. Have I lost my Filipino status or not? Consequently, how long will I be permitted to stay in the Philippines? I'm asking because I'm tired of living in America and I'd like to return to... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 10, 2018

If you are under 18 at the time your mother got citizenship, you are automatically a US. That doesn’t mean you give up your Filipino citizenship.

We recommend you get both a US passport and a Filipino passport. That way you can easily travel back and forth.

1 Answer | Asked in Immigration Law for Alabama on
Q: An individual in the U.S. on a B visa is seeking adjustment to R. Can she leave for 2 weeks while the I-129 is pending?

A religious organization has asked her to stay for a year, and filed an I-129 petition for adjustment of status to R. She would like to go on a short mission trip for 2 weeks, and may be able to obtain more time on her I-94 on re-entry; but her I-129 has already been filed.

Hector E. Quiroga
Hector E. Quiroga answered on Oct 24, 2017

That’s risky. Customs officers will question your intent. You would be coming to the US on a tourist visa but the fact that an I-129 has been filed on your behalf suggests a different intent than tourism. You could, therefore, be denied entry.

1 Answer | Asked in Immigration Law for Alabama on
Q: My brother in-law came into Texas illegally in 1999 was caught within 48 hours and deported. He came in again in 2010.

He was deported again. How long does he have to wait to ask for forgiveness and then apply for an immigration visitor visa?

Kevin L Dixler
Kevin L Dixler answered on Jul 18, 2017

This is complicated and unfortunate. He must prove to the satisfaction of the USCIS that he has been outside the U. S. for at least ten years in order to file for advanced permission to re-apply. However, in doing so, he must also prove that his situation merits enough discretion to overcome the... Read more »

1 Answer | Asked in Immigration Law, Tax Law and Health Care Law for Alabama on
Q: As a co-sponsor of my brother's wife, am I in any way responsible for providing insurance, or penalties, under ACA?

My brother, a US citizen, is moving back to the US with his wife, a non-citizen, and children after many years spent in Japan. Since he doesn't have an income here in the US, yet, he needs a co-sponsor for his wife. I understand that according to the Affordable Care Act she is required to have... Read more »

Kyndra Mulder
Kyndra Mulder answered on Apr 23, 2017

Your responsibilities are stated in the instructions and body of the I-864 Affidavit of Support; USCIS.gov/i-864.

1 Answer | Asked in Immigration Law, Child Custody and Identity Theft for Alabama on
Q: How can I find out if someone is illegal or a resident?

This person has two dates of births and came from Dominican Republic with a different name. She uses different alias and her brother has been deported twice but keeps entering the United States. I wonder if she entered this country illegally also.

Brian Lehman
Brian Lehman answered on Jan 31, 2017

There is no publicly available database or service provided by the government for such a determination. Employers can use everify: https://www.uscis.gov/e-verify

2 Answers | Asked in Immigration Law for Alabama on
Q: Can I apply for a German student visa in the United States or do I have to go to my home country to do it?

I will be graduating with my bachelor's in May and plan to study in a master's program in Germany. I am a citizen of Mexico and legal resident of the U.S. I intend to arrive in Germany in October 2017, but I will not be able to return to Mexico until August 2017. Considering that I need... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Jan 29, 2017

You should contact the German consulate. They will be able to answer your question.

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1 Answer | Asked in Immigration Law for Alabama on
Q: Me and my boyfriend have been together going on 9 years. Van he get legal with the RPI immigration law?
Matthew J Hartnett
Matthew J Hartnett answered on Jan 16, 2017

RPI isn't a term that is frequently used. I think you may be referring to the provisional waiver process (I-601A). If you decide to get married, consider a consultation with an immigration to evaluate whether he would be a good candidate. These are fact specific and really depend on your... Read more »

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