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Kentucky Immigration Law Questions & Answers
2 Answers | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Immigration Law for Kentucky on
Q: I was denied entry in a bar and I believe I got racially profiled and discriminated for being an immigrant.

They allowed a white male underage to come in, she asked to check my id and I showed her my american visa and she said no. I asked why she had a problem and she said I need a ky id but I can’t I’m a immigrant. She then proceed to threaten to call the cops. I’m feeling so humiliated, I... Read more »

Timothy Denison
Timothy Denison answered on Jun 12, 2020

What other evidence do you have of racial profiling?

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1 Answer | Asked in Immigration Law for Kentucky on
Q: I sent an outdated I-485 with no I-944 along with I-130 (concurrent filing). How can I fix this without being denied?

While filing for my marriage base green card, I realized that I sent an outdated version. I have yet to receive a confirmation that they have received the paperwork but wanted to know if there were a way to fix this without having to pay for the paperwork again. Is there a number to dial so that I... Read more »

Adan Vega
Adan Vega answered on Apr 21, 2020

If the outdated FORM I-485 is not accepted for processing by USCIS then your adjustment of status filing along with the filing fee will be returned to you.

At this juncture, you need to wait for the FORM I-485 receipt from USCIS or the return of your filing.

Good luck to you.

1 Answer | Asked in Immigration Law for Kentucky on
Q: Will the following issues affect my F2 to F1 status change?

I am on F2 and got admission in a US university for this fall 2020. I want to change my status from F2 to F1. Recently, the USCIS has added a new section in I-539 form on public benefits.

I used an emergency Medicaid for pregnancy in June 2018. My baby is receiving SNAP and Medicare... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 1, 2020

Benefits received by family members should not impact your public charge determination.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Kentucky on
Q: If a non citizen served time for a felony offense but didnt get deported for it still be later on deported ?

Considering their criminal history can they get deported? Also how long is the deportation process

Timothy Denison
Timothy Denison answered on Feb 8, 2020

Yes. They can still be deported for it later. Upon seizure the deportation process is usually about 60 days.

1 Answer | Asked in Immigration Law for Kentucky on
Q: Would like to bring my British wife to the us but I don’t want to sponsor - how does that work?
Stephen Arnold Black
Stephen Arnold Black answered on Feb 2, 2020

She can travel her on the VWP program to visit.

1 Answer | Asked in Immigration Law for Kentucky on
Q: Can a K1 Visa holder be around firearms, use firearms at the range, and transport?

I am currently getting ready to file for a K1 visa for my fiance. I have not found anything online that tells me a definite answer on this. I have a CCDW and own multiple guns. I am located in Kentucky.

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Check with your state for exact requirements on these activities. Go back to the CCDW people, they may know. I expect that AT LEAST permanent residence is required. Your fiancée should have PR about 6 months after wedding and filing application for PR and interview at USCIS. So that may help... Read more »

1 Answer | Asked in Immigration Law for Kentucky on
Q: My wife came from Ecuador on a travel visa , we got married 1-11-20 . She can stay 6 months on the travel visa , what to

What do we do please

Stephen Arnold Black
Stephen Arnold Black answered on Jan 23, 2020

She can adjust status to obtain her green card but if you married her within 90 days of her entering the states with a tourist visa then expect enhanced interrogation at your green card interview as to her true intent. Consider working with an attorney to help you. Counsel anywhere in the USA can... Read more »

2 Answers | Asked in Immigration Law for Kentucky on
Q: My wife is a US Citizen, sponsoring me. she has 3 kids, all US Citizens and adult. Do I list them on I-485 as stepkids?

Page 8, Part 6 of the I-485 asks to indicate the total number of all living children, which includes stepchildren … my wife, who is my sponsor, has 3 adult children from previous marriages. Technically, they are my Stepchildren, but they are already US Citizens by birth. How do I proceed with this?

Stephen Arnold Black
Stephen Arnold Black answered on Jan 13, 2020

Consider working with an attorney so your application will be processed correctly. Long delays or outright denials occur when lay persons attempt to handle the case on their own.

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1 Answer | Asked in Immigration Law for Kentucky on
Q: So my H1 visa has been expired and we have applied for extensions after few days! N I got my receipt for new extension.

So my H1 visa has been expired and we have applied for extensions after few days! N I got my receipt for new extension. So there’s 15days gap between expiry and new receipt date. While I didn’t work in this 15days, I started working after I got my receipt. But while my h1 extension is under... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 2, 2020

You must answer yes, because there is a 15-day gap between the expiration date and the extension receipt date.

1 Answer | Asked in Immigration Law for Kentucky on
Q: When can I apply for citizenship

?

My husband is in the military and is getting stationed in Germany next December that is December 2020. I am in his orders and i am aware that I qualify for expedite citizenship. I wanted to know how many days ahead can I apply for the citizenship??

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Oct 24, 2019

Dear Military wife,

Thank you for supporting your husband in his decision to be a member of the US Armed Forces.

You can go to the USCIS website and find helpful information regarding requests to expedite a naturalization application for spouses of military personnel....
Read more »

3 Answers | Asked in Immigration Law and Gov & Administrative Law for Kentucky on
Q: My husband is planning on sponsoring his father and stepmom from Venezuela. What financial liability do I incur?

I will not be signing anything to help with the process. Also my spouse is military, naturalized U.S. citizen with a Florida residency. I am a natural US citizen born in Missouri and we were married in MO. It is my understanding state residency can influence marital property. I will be coming into... Read more »

Benjamin Williams
Benjamin Williams answered on May 22, 2019

You can look up Form I-864 Affidavit of Support and read the instructions to find out what it means to become the financial sponsor for an intending immigrant. Basically it is a contract with the government stating that you can support the immigrant and will not allow them to become a "public... Read more »

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1 Answer | Asked in Immigration Law and Employment Discrimination for Kentucky on
Q: Can I travel outside USA when my EAD (under category A180) is under process?

I have a L2 VISA (valid till Sep 2021) and I have applied for EAD under category A18, and the application was received by USCIS (DALLAS, TEXAS center) on May 2nd 2019.

My spouse has a valid L1 VISA (valid till Sep 2021) and is currently employed in United States.

My question is,... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on May 15, 2019

As long as you are returning to the US on a valid L2, then a pending EAD application will not impact your ability to reenter in and of itself, nor should your brief absence impact your EAD application.

1 Answer | Asked in Immigration Law for Kentucky on
Q: my spouses family would like to help us purchase or payoff current house. Is this ok after applying for green card?

Her mother sending money over. Paying off house and then putting spouse name on the house. We were told to hold off on doing this. But it seems odd if we have the ability to pay it off soon

Kevin L Dixler
Kevin L Dixler answered on Apr 22, 2019

More information is needed. Who is telling you this? Why? Sometimes, such an action may complicate matters. Is the property in the name of the U.S. Citizen, or to be held jointly with the foreigner?

I strongly recommend an appointment or teleconference with a competent and experienced...
Read more »

1 Answer | Asked in DUI / DWI and Immigration Law for Kentucky on
Q: I'm looking for an opinion and maybe direction on entering Canada through International Falls for a fishing trip?

To explain, I've learned entering Canada after a DUI is difficult. I had a DUI in Californian in 2007. I completed a 6 month program and applied to have the case expunged. My attorney and I were successful. As of 2012, my case now shows "not guilty", "case dismissed".... Read more »

Timothy Denison
Timothy Denison answered on Mar 18, 2019

If the case was dismissed and shows it was dismissed, you should not have any trouble. If the case was expunged and there is no record of it, you should likewise gave no trouble. It only likely becomes a problem if there was and is a conviction.

1 Answer | Asked in Immigration Law for Kentucky on
Q: Will getting an Earned Income Tax Credit or an ACA Exemption affect my chances of being granted permanent residency?

I am filing for Removal of Conditions this year on my K-1 Visa. Last tax year, we got an EITC and ACA Exemption. Now we’re worried if those would be considered as conditions of being a public charge. Hoping to correct the situation before it’s too late.

Hector E. Quiroga
Hector E. Quiroga answered on Mar 11, 2019

First, you’ve already passed the period when a public charge determination would be made. Filing the I-751 doesn’t change that. As long as you are otherwise eligible for those things, you won’t have any problems.

2 Answers | Asked in Immigration Law for Kentucky on
Q: How will the break in diplomatic relations between the US and Venezuela affect my partner in getting his K1 visa?

My partner has had his interview for the K1 visa at the US embassy in Caracas. He only needs to submit his medical results along with his passport for the visa to be affixed. He is ready to submit those results but my concern is how will the rupture in diplomatic relations between the two countries... Read more »

Kelli Y Allen
Kelli Y Allen answered on Jan 23, 2019

If the U.S. embassy there closes, yes, he would have to process in a neighboring country and that would likely cause a significant delay. Otherwise, as long as the consulate is open, processing should continue as usual.

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1 Answer | Asked in Immigration Law for Kentucky on
Q: I'm in the early stages of trying to bring my soon to be fiance to the US. What is the best route?

He's currently in school in Canada through Saudi Arabia. I am a US citizen by birth. This is a same sex relationship. I do understand that there are laws regarding asylum and port of entry (since he's already in Canada) can he come to the US on a visitor Visa and then seek asylum before... Read more »

Kelli Y Allen
Kelli Y Allen answered on Jan 16, 2019

You can either file a fiance visa petition or you can go to Canada to marry and then start the spousal visa petition process. He definitely should not enter with a B2 visa and try to adjust status, as that is an improper use of a non-immigrant visa. Asylum is a much longer, more difficult... Read more »

1 Answer | Asked in Immigration Law for Kentucky on
Q: My father was denied visa 30 years ago. I forgot to mention it in ds-260. Is it going to create problem?
Allen C. Ladd
Allen C. Ladd answered on Jan 4, 2019

Just correct it. Contact the National Visa Center and tell them you forgot, and ask for their advice, and then document that you got that advice.

2 Answers | Asked in Adoption and Immigration Law for Kentucky on
Q: Can my husband adopt my daughter if he is not a citizen? He is from mexico and is starting the process for citizenship.

My husband and I were married in March of this year and he is trying to go through the process for citizenship but in the meantime can he still adopt my daughter even if he is not a citizen? He is from mexico and I know it will be hard for him to receive citizenship due to coming to America more... Read more »

Timothy Denison
Timothy Denison answered on Sep 6, 2018

It will vary widely from court to court, but generally speaking, he should be able to adopt her.

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1 Answer | Asked in Immigration Law and Tax Law for Kentucky on
Q: Can I use my ITIN instead of a SSN on form W-4 where it asks for a SSN?

I have been offered a job and my employer wants me to fill out form W-4 to withhold taxes. I can’t find an answer as to whether I can use my ITIN instead of a SSN. Please help, someone.

Frank Huerta Jr
Frank Huerta Jr answered on Sep 5, 2018

If you have a valid social security number that belongs to you, you should use that. An ITIN is for tax filing/reporting purposes. It is not intended to use for work.

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