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Ohio Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Ohio on
Q: Can I file I-485 when my spouse is traveling outside US?

Hi,

Me and my spouse have valid medical tests and the appropriate 485 paperwork done in the USA. Can I file I-485 with my spouse being outside USA?

Adan Vega
Adan Vega answered on Sep 24, 2020

Your spouse must be physically present in the U.S. if she/he wishes to file the FORM I-485 with USCIS. Moreover, your spouse must be eligible to adjust status with USCIS prior to filing the FORM I-485.

1 Answer | Asked in Immigration Law for Ohio on
Q: How to apply for B2 Visa renewal while staying the USA? Unable to travel back to home country due to COVID-19

Information regarding the B2 Visitor Visa renewal for my mother while staying in the US.

She traveled to the USA in Dec 2019 and she had expected to return to India in May 2020. However, her flights were cancelled due to COVID-19, so I have applied for stay extension (I539 in progress)... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jul 17, 2020

All she can do while she is in the country is extend her status, and she has taken the necessary steps to do that. She can only apply for the visa out of the country. A visa only allows someone to present themselves at the country’s border to request entry. The I-94 is the controlling document... Read more »

1 Answer | Asked in Immigration Law for Ohio on
Q: How to adjust given name and last name on my first green card ?

I’m immigrant and on my native passport by mistake first name box was left blank and my whole name ( two parts ) was written in last name box . I got visa n moved in US . On visa embassy wrote FNU in given name to fill the place, and my whole name in last name box.

Is there any way so... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 8, 2020

You can request the name be corrected by filing an application to renew/replace your card. If the error was your mistake you will need to pay the filing fee. if it was the mistake of the service you will not need to pay. Include a cover letter explaining and supporting documents to indicate what... Read more »

1 Answer | Asked in Immigration Law for Ohio on
Q: How to correct first name ( FNU) on first permanent residant card as my passport has all my name in last name box only?

I have IR1 visa and now waiting for my permanent resident card . My passport has my name only is last name n given name is empty.

On my visa sticker i have last name as its on my pasport but in given name its written FNU,

Is there some thing i can do to get red of FNU n half of my... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

You can request a replacement card. if the error in your name was your fault you will need to pay the fee. If it was an error of the USCIS you will not need to pay the fee.

1 Answer | Asked in Immigration Law for Ohio on
Q: My latest I-797 form was transferred from WAC TO EAC Center. Where should i mail my I-539 application? Thank You!!

Hello Sir / Madam,

My latest I-797 form to extend my status was filed to California center and they transferred it to Vermont center. My petition was denied and I'm unable to return back to home country due to current pandemic situation. I'm trying to file Form I-539 Change to... Read more »

Drew Elesh
Drew Elesh answered on May 17, 2020

Follow the instructions at USCIS.gov which have direct filing addresses. That determines the correct address. For example for extensions it may be a Dallas Texas P.O. Box

1 Answer | Asked in Immigration Law for Ohio on
Q: I have approved I-140. For my dependents i-944, shall i select yes on "Do you have approved I-140"? Page11, Part4, Item1

My dependents don't have any work approved petition. They are filing based on my approved I-140.

Robert Roy Klein
Robert Roy Klein answered on May 13, 2020

Derivatives don't file their own 944s. Only the 485 applicant needs to file it.

1 Answer | Asked in Immigration Law for Ohio on
Q: H1B and Marriage Help

I have my H1B extension in process and received an RFE on it .My I-94 was expired on Feb 2020.

My fiancé is an American citizen and we are planning to get married next Year.

In Worst case scenario if my Visa is denied we don't want go through the K1/K3 process.

So we... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on May 4, 2020

If you entered the United States legally and then you marry a US citizen, then you can adjust status to get your green card. I would not leave the US until you have obtained the green card. Good luck.

2 Answers | Asked in Immigration Law for Ohio on
Q: My neighbor is an 18 year old female who was adopted from Russia when she was about two years old. She lives in Avon OH

She wanted to apply for a passport to travel to Canada in June but learned she needed to submit various documentation for this. She found the necessary paper at home and learned that her Permanent Residency Card had expired in 2012. She mailed this in and now is waiting for a response. Should she... Read more »

Yanky Perelmuter
Yanky Perelmuter answered on Apr 7, 2020

She will need to retain a lawyer to properly determine the best options for her. She may or not be a U.S. citizen and there are many factors to consider when determining which process she should take.

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1 Answer | Asked in Immigration Law for Ohio on
Q: Hello, E2 Visa issued on January 02, 2018-Germany E2 Visa Holder: Husband E2 Visa Dependent - wife (Holding a EAD

1) Can we open a second company that is 100% husband and put wife as an employee?

2) Does husband/wife have to keep everything in one company?

Adan Vega
Adan Vega answered on Feb 27, 2020

You should be consulting the immigration attorney that assisted you with the E-2 application. You can inquire with the attorney about your plans to expand your business venture. If you proceed without expert guidance you can actually jeopardize your E-2 status.

1 Answer | Asked in Immigration Law for Ohio on
Q: hello, I'm an asylee and going to apply for green card in few months.

I found a job in a different state and i want to move there. now if i change my address with uscis, is it gonna affect my status or applying for the green card?

thank you!

Adan Vega
Adan Vega answered on Feb 25, 2020

Your change of address within the U.S. will not impact your asylee status nor your eligibilty for resident status.

1 Answer | Asked in Immigration Law for Ohio on
Q: Can you tell me more about the Liberian Refugee green card. I am from Jamaica living in the United States since 2010
Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Jan 15, 2020

You must meet ALL of the following requirements:

1. You properly file Application to Register Permanent Residence or Adjust Status by Dec. 20, 2020;

2. You are a national of Liberia;

3. You have been continuously physically present in the United States during the period...
Read more »

1 Answer | Asked in Immigration Law for Ohio on
Q: Hello, Does anyone know Ohio's laws regarding providing non-legal immigration services?

For example, according to USCIS, Anyone is allowed to give you limited help such as read you the form, translate information, write down information that you provide to complete the form, and help gather documents such as birth certificates necessary for the application. I fully understand this... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 8, 2020

The USCIS warns people to seek accredited representatives and those who are licensed to practice law. Otherwise, people have been known to get into trouble.

When someone advises and instructs you on how to do a legal process, such as selecting the proper forms and helping you answer the...
Read more »

2 Answers | Asked in Immigration Law for Ohio on
Q: My boyfriend was arrested for a DUI. They have him on ICE hold, yet all his visa info is valid. What are our options?

This is the first time hes ever been in trouble here and I have his bail. His court date was set but I cant bail him out until the hold is lifted. Since his visa is valid, how can they still legally have a hold on him? What else can I do to get him out?

Matthew Williams
Matthew Williams answered on Oct 3, 2019

You really ought to hire an attorney to help you with this.

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1 Answer | Asked in Immigration Law for Ohio on
Q: Can I marry girlfriend who overstayed her visa in Ohio?

Me and my girlfriend have been together for four years now and I would like to marry her. she has SSN but she doesn't have ID. Can I still marry her? Is it possible that she might get arrest?

Stephen Arnold Black
Stephen Arnold Black answered on Aug 31, 2019

If you are a US citizen and her sponsoring husband, and she entered the country legally, she may be able to adjust status to get her green card despite that she has overstayed her visa. Discuss with counsel about other issues that could be a bar to admission like criminal history, health issues,... Read more »

1 Answer | Asked in Immigration Law for Ohio on
Q: How can I verify if this is real?

A friend of mine is in Nigeria, he states that he doesn't have a phone, but has been allowed access to a computer to email me. He is being held at a police station because the woman who was helping him with a place to live died... he told me of suspected poisoning. Then he is saying that they... Read more »

Matthew Williams
Matthew Williams answered on Jul 26, 2019

That's almost certainly a scam. Call your friend. Just because the scam artist says your friend doesn't have a phone doesn't mean he doesn't have a phone. He will probably pick up and be like "ah, I'm not in jail."

1 Answer | Asked in Immigration Law for Ohio on
Q: Ask about can spouse who citizen can take green card?

Hello everyone... I want to ask, is that true if the spouse who citizen can take spouse who holds green card (they already marriage 7 years)? If can with what condition?

Matthew Williams
Matthew Williams answered on Jul 10, 2019

Are you asking if the citizen spouse can take away their husband or wife’s green card? No. They are not allowed to do that.

1 Answer | Asked in Immigration Law for Ohio on
Q: B2 visa multiple visit with in 2months

Hi mom has b2 visa issued in 2014, she visited me in 2014 for 6 months. Her second visit was on 4rd nov 2018 to 3rd may 2019 to help me with my newborn. Recently I got job and want my mom’s help so booked a ticket for her 28th June 2019(58 days after she left USA). Is there a chance she can be... Read more »

Julie C Hancock
Julie C Hancock answered on Jun 26, 2019

There is always a chance anyone will be denied entry at port; however, unless there is some other issue present, this does not seem likely in this scenario. Without speaking to you to understand the details and any potential issues your mom could face at the border, I cannot provide a more... Read more »

2 Answers | Asked in Immigration Law, Family Law, Child Custody and Juvenile Law for Ohio on
Q: Can a permanent resident get emancipated without fear of deportation?

I’m a minor who wants to be emancipated when I graduate at 17 and 4 months old. My father and I are permanent residents. If I can completely support myself by graduation and petition the court for emancipation, will I have a chance for them to allow it? Will I be an illegal immigrant then because... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 24, 2019

Ohio does not provide for emancipation in most situations. Here is more information:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

When you turn 18, you are then legally an adult. Use the Find a...
Read more »

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3 Answers | Asked in Immigration Law for Ohio on
Q: Must I return to Europe after petition approval?

Good morning, I got married to a us citizen in August last year in the US. I am a German citizen. I went back to Europe after our wedding and returned to the US in October 2018. We filled i130, i485 and i765 concurrently in November. Since then we have been waiting for approval. The petition got... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on May 9, 2019

Sounds like something is amiss. Generally when you file an I 130 I 485 package you have your interview for both your I 130 and I 485 at the same time, at your local field office inside of the U.S. Usually you will receive an answer as to both the I 130 and the I 485, although not necessarily at... Read more »

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1 Answer | Asked in Immigration Law for Ohio on
Q: I have a green card,I had test for my citizen test today they Said to send them police report after that sending decxsio
Yanky Perelmuter
Yanky Perelmuter answered on Feb 21, 2019

As part of the requirements for citizenship a person must show they possess good moral character during the statutory period leading up to their application for naturalization. The officer is likely requesting your police records to determine whether you meet the standard of a person of good moral... Read more »

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