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North Dakota Immigration Law Questions & Answers
1 Answer | Asked in Child Custody and Immigration Law for North Dakota on
Q: What are the rights of a foreign mom to take her child with her in case of deportation, if american husband disagrees?

My sister is doing a medicine recidency and her program might be cut off. In case that happens she will be deported to Peru. Her husband would start the procedure for her to return to the states as his wife, but does not want the baby to leave the usa. What are my sisters´ rights, if she wants to... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

That is more of a family law question. If your sister is awarded custody, or if the baby’s father allows your sister to take the baby, then she should have no issues.

1 Answer | Asked in Immigration Law for North Dakota on
Q: What to do if you are on OPT and receive the EAD before the OPT expires?

I'm getting married in May, and I am also graduating from my MBA in May (I have a F-1 visa). I'm planning on applying for the OPT soon and applying for the green card right after the wedding in May. How does it work if my OPT start date is in June, for example, and I apply for the green card at the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 16, 2020

First, it doesn’t make sense to apply for an EAD through adjustment right off, since you will have a current EAD. If your OPT EAD comes to within four months of expiring, and your green card has not yet been approved, you can apply for a new green card based on a pending adjustment application at... Read more »

1 Answer | Asked in Immigration Law for North Dakota on
Q: Last name is different from birth certificate and passport, can I have issues when applying for green card?

I'm getting married in May and applying for the green card right after, but I was wondering if I can have issues with my future wife changing her last name to mine since on my passport, they put my middle name with my last name My last name on my birth certificate is different from the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 16, 2020

You need to show proof of lawful name change.

1 Answer | Asked in Immigration Law for North Dakota on
Q: My wife is a us resident and I’m a us citizen and we want to bring my mother-in-law here from the Dominican Republic?

Is this possible?

Stephen Arnold Black
Stephen Arnold Black answered on Oct 18, 2019

When can your wife acquire her US citizenship?

1 Answer | Asked in Immigration Law for North Dakota on
Q: Is there anything that can be done to avoid deportation?

In the state of North Dakota a family was on their way home when a police officer pulled them over for a bad license plate light. One daughter who is a citizen was driving .The officer asked everyone in the car for identification. Mother and father were passengers including their youngest child who... Read more »

Carl Shusterman
Carl Shusterman answered on Jun 30, 2018

She is probably eligible to apply for a green card through cancellation of removal.

Here are the requirements:

If you have been placed in removal proceedings and you have resided in the United States for a long period of time, you can apply for Cancellation of Removal for non-LPRs...
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2 Answers | Asked in Immigration Law for North Dakota on
Q: I was recently found guilty of not staying at the scene of an accident in ND. Will this affect my citizenship app
Carl Shusterman
Carl Shusterman answered on May 4, 2018

You should show a copy of your record of conviction with an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for North Dakota on
Q: what if my nephew age out before F4 priority date
Carl Shusterman
Carl Shusterman answered on Apr 27, 2018

Does CSPA apply to his case?

A “child” is defined as an individual who is unmarried and under the age of 21. The recurrent problem was that some petitions took many years to process and the child "aged out" and could not be included in the parents petition. For example, a U.S....
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1 Answer | Asked in Immigration Law for North Dakota on
Q: What if my unmarried nephew age out on the sister case for I-130 F4 catogery when priority date becomes current
Carl Shusterman
Carl Shusterman answered on Apr 27, 2018

He may be eligible for a green card under the Child Status Protection Act.

A “child” is defined as an individual who is unmarried and under the age of 21. The recurrent problem was that some petitions took many years to process and the child "aged out" and could not be included in...
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1 Answer | Asked in Immigration Law for North Dakota on
Q: Does north dakota require a green card to work?

He will be getting married to a us citizen nov 26th, he has a us social security card, visa, and birth certificate already just no green card yet

Carl Shusterman
Carl Shusterman answered on Apr 27, 2018

No, a green card but an EAD work permit. He will get an EAD about 4-5 months after applying for a green card.

1 Answer | Asked in Immigration Law for North Dakota on
Q: My Jamaican husband has a police record, will he be able to get a IR-1 Visa?

The wounding with intent charge is over 20+ years, he served less than 3 years in prison in Jamaica. He has some minor offenses after that the last being in 2009. We tried to have his police record expunged but after being told they could expunge but had to wait 3 years, they said no it is not... Read more »

Myron Morales
Myron Morales answered on Oct 4, 2017

You need to obtain a copy of his criminal record and have an immigration attorney review it to see if it gives rise to any grounds of inadmissibility and if there is a waiver available. So, there is a chance that he could get a visa, but you need to have everything analyzed in advance so that you... Read more »

1 Answer | Asked in Family Law and Immigration Law for North Dakota on
Q: I am an American citizen and I want to marry an Indian guy. We been know for an year. He is here on F1 status.

Ours is a homosexual relationship and I am student how does our marriage help him get a green card.?

Roger Carl Algase
Roger Carl Algase answered on Jun 7, 2017

Same sex marriages are now recognized by USCIS for green card purposes. I have handled cases like this myself and have not had any problems with the immigration office. The best way to proceed would be to get married and file for the green card, just as with any other marriage relationship. All... Read more »

1 Answer | Asked in Immigration Law for North Dakota on
Q: For California residency,do 2 years that I was on F-1 visa in California prior to this semester count as year and 1 day?

I am an F-1 visa student and I'm getting married to my boyfriend who is US citizen and California resident. My question is about California residency determination after/if I get a green card. I have lived and went to college in California on F-1 visa for 2 years, but now I'm studying for a... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Sep 28, 2015

This is not exactly a immigration question, the best people to ask this question would be the people at the DMV. Call the DMV customer care and clear your doubts with them because eventually you will be applying for your ID at the DMV. All the best.

15 years of successful immigration law...
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1 Answer | Asked in Immigration Law for North Dakota on
Q: My daughter file immigrationpetition for my 12 year old son.he is in the US vacation can I filethe adjustment of status

She fillet for him and me from 2012 I got through but he his perking is still at the review stage

Stephen Baird
Stephen Baird answered on Dec 5, 2014

To get a full, specific answer for your question you would really need to speak to an attorney who you can describe the entire situation to, but as a general matter if you have an approved immigrant visa number you can file for adjustment of status.

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