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Texas Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Texas on
Q: Immigration help

I came to USA 2014 with B2 visa to FL with my husband ..we applied form I130 and got granted to stay and apply for green card ..I applied for it 2018 in FL then we moved to TX where I received work permit card and ss card and travel document and later on we got a letter for an appointment at San... Read more »

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

What was the reason that you were denied?

1 Answer | Asked in Immigration Law for Texas on
Q: My husband is an E2 dependent while I am the main applicant. He needs to apply for I-765 in order to get his EAD.

My husband is an E2 dependent while I am the main applicant. He needs to apply for I-765 in order to get his EAD. My question is: on the I-765 they require the I-94 arrival/departure number for his most recent entry in the US and he needs to attach it to the i-765 application. Does he need my i-94... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

Follow all the directions. You can also find the directions for filing forms and attaching proof on the USCIS website.

2 Answers | Asked in Immigration Law for Texas on
Q: Is there a specific US citizenship application form for me to apply for? I am 21 years old.

My father became naturalized in early of 2014, so I was around 15 years of age. My mother however is not a citizen. I am a permanent resident green card holder. I started an application but didn’t want to complete and pay until I had more information.

Kyndra Mulder
Kyndra Mulder answered on Jan 5, 2020

You may already be a citizen. If that is the case you complete the N-600. If you are not a citizen you complete the N-400. Read the requirements for each to determine which application you should complete or consult with an experienced immigration attorney.

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2 Answers | Asked in Immigration Law for Texas on
Q: My husband’s OPT is expiring in June, will he be able to stay in the US while we are filing for a marriage green card?

My husband is currently doing his Optional Practical Training and it will be finished this June. If we submit our marriage green card application before June, would he be able to stay in the US during the adjustment of status?

Kevin L Dixler
Kevin L Dixler answered on Jan 5, 2020

If he processes outside the U. S., then it can take over a year. If possible, and you are married, you should petition him and he should adjust status in the U.S.

In addition, not all applicants can process in the U. S., nor even become lawful permanent residents. As a result, I strongly...
Read more »

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2 Answers | Asked in Immigration Law for Texas on
Q: Is there a difference in wait time for a marriage green card if both spouses are in the US vs both spouses living out?

My husband is currently on an OPT and I am a natural born citizen. His OPT is expiring in June and we are trying to figure out what our options are after it expires. We were just married in December and are curious if there is a difference in the waiting time for a marriage green card if he has to... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 5, 2020

If he processes outside the U. S., then it can take over a year. If possible, and you are married, you should petition him and he should adjust status in the U.S.

In addition, not all applicants can process in the U. S., nor even become lawful permanent residents. As a result, I strongly...
Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: H1B > H4 change of status question

I and my wife are currently working on H1B visa.My wife is exhausting her 6yrs by 03/02/2020 (also her I94 expiry) whereas I have approved I140 and eligible for out of cap extensions.Can I file for a change of status (from H1B to H4) and H4 EAD for my spouse concurrently and she can continue to... Read more »

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

She can file to change status from H1 to H4, yes. She may or may not be eligible for an EAD; she should consult with an attorney for more information on that. She can work in the US as long as she has permission to do so—March 2, 2020.

1 Answer | Asked in Criminal Law, Immigration Law, Civil Litigation and Civil Rights for Texas on
Q: Can a judge ban you from Facebook

I had someone harass me on Facebook and the blame was on me for their harassment the judge ordered me to stay off Facebook for 2 years how can this be ? Isn't this violating my rights?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 2, 2020

Consider this hypothetical situation:

Joe had a right to walk around free until he got in a bar fight, was convicted of Assault, and sentenced to jail. A judge decided NOT to lock Joe up and instead put him on community supervision probation with a condition that Joe stays out of all bars...
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1 Answer | Asked in Immigration Law for Texas on
Q: Found out EAD OPT card has wrong alien number while filling my Adjustment of Status by marriage. HELP??

Hi. I am an f1 at the end of the opt period with an EAD. I just married a US citizen and I am making the adjustment of status package when I realised that the EAD card somehow has my living mother alien number assigned instead of a new one. How do I go about correcting this while still applying for... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

I have several cases a year with alien number mix-ups. It causes a delay, but it gets resolved. I usually mention the problem on the cover letter. Don't stress too much about it.

1 Answer | Asked in Immigration Law, Real Estate Law, Business Law and Gov & Administrative Law for Texas on
Q: Hi, I've been deported twice from the U.S , I was under age both times.. (Check more information plz)

Hi, I've been deported twice from the U.S , I was under age both times, because I went with my parents. Let's say I start a company, and it goes very well... I mean multi-billionaire company, and I want to open a subsidiary company there, is there a chance for the immigration to approve it?

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

Not enough information. If the most recent entry was after April 1, 1997, then you may be subject to INA 212(a)(9)(C). If the most recent entry was before April 1, 1997, then you aren't subject to that section. Also, if the second entry was with inspection, you might not be subject to 9C. I... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: My mother in law's green card was forfeited back to USCIS by family member. If my wife and I start a new sponsorship

would she be allowed a work permit while the sponsorship is processing? We filed an appeal on the forfeiture and sent in tax returns and paperwork showing she never left. Unfortunately MIL didn't want to file paperwork for a stolen green card with the police since it was her daughter. We haven't... Read more »

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

There's not really a process for abandoning permanent residence while in the US. Usually people abandon permanent residence from outside the US. I'm thinking MIL is still an LPR and what you need to file is an I-90 to get the green card replaced. But maybe there's more going on than is revealed... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Hello, I am about to submit form N-600 for Citizenship Certificate. I called USCIS and they said I qualify, can I trust?

One parent was naturalized citizen before I turned 18. I am now 45 years old. Thank you

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

The USCIS customer service representatives get things wrong all the time. Having said that, just based on what you've said, I think you may qualify and there's nothing to lose by filing except the filing fee. If you're worried about the filing fee, then pay an attorney for a proper consultation.... Read more »

1 Answer | Asked in Child Support and Immigration Law for Texas on
Q: I am an illegal immigrant. The mother of my child has filed for child support. Will ice get involved?

My kids are 14 & 11. I am here in texas illegally.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 19, 2019

ICE doesn't always get involved in civil cases; however, sometimes they do. My best advice to you is to get a lawyer to help you with this and to try and work together with the children's mother as you definitely want to be supporting your children.

1 Answer | Asked in Immigration Law for Texas on
Q: Hello, I have a green card and I need to go to a different country to get a degree. Should I apply for citizenship

and then apply for travel permit while the naturalization process is underway? or should I just file for travel permits until im done with the degree?

I had filed for travel permit a few years ago for education as well and have used both my 2 year travel permits.

I will hire a... Read more »

Amanda B Cook
Amanda B Cook answered on Dec 2, 2019

There are questions that a lawyer will need to ask you before she can give you the best advice, such as how long the program takes, whether you can travel back and forth easily, if you'll continue to pay taxes in the US, etc. I know you want an answer now but really in your situation it's best to... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Hi, I am a green card holder, i have filled to my spouse form I130 and it already accepted but we got a divorce.

now we are thinking in remarriage, what should i do for the immigration purpose, knowing that the petition still available and i can proceed with it. should i start the process all over again? or remarry and continue the pending petition?

Amanda B Cook
Amanda B Cook answered on Dec 2, 2019

Well, that is a new one for me. I would probably withdraw the initial application, wait a period to make sure everything goes smoothly, and then re-file. Your relationship sounds a little volatile and that's not a good place to be while you're in this process. You should probably hire an... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: I need to know how to write a Motion to Terminate Removal Proceedings, because I got my Permanent Resident Card.

I'm from Cuban, but I came to USA in November 2017, I was in immigration center detention for 37 days, and after that I got a paroled under Sec 212 (d)(5). When I was out of the detention center one month later, I received my firth citation for my immigration court, I have already gone to 3... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

These cases are too tricky to try and do yourself, please go consult with a knowledgable immigration attorney for assistance. You have too much at stake to risk making any mistakes.

1 Answer | Asked in Immigration Law for Texas on
Q: Motion for change of venue

My fiancé who is currently being held in an immigration detention facility in NM, we both live in Houston, Tx. He has not be set a court date since he’s been held and I want to get him move to Houston, but do we have to wait for his first court appearance to file this motion?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

I suggest you get an immigration attorney asap and have speak with them about filing for a change.

1 Answer | Asked in Immigration Law for Texas on
Q: reapply for greencard for my sister who gave up her card and got visitor visa

My sister was a greencard holder and she gave it up three yrs ago. Now I am applying for her again. What is the best thing to do please advise

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 25, 2019

Since getting any type of visa has become harder these days; the very best advice I can give you is to spend money and get a good immigration lawyer. Don't try to do this on your own.

1 Answer | Asked in Immigration Law and Constitutional Law for Texas on
Q: I have a fact pattern. But I’m confused on where to research first. Here’s the question.

Edit: The Question: Does § 1301 violate separation of powers and federalism concepts?

Under § 1301. Each high school principal shall certify to the Secretary of Homeland Security, for each Islamic and/or Latina immigrant student graduating from the school, that the student has... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 22, 2019

What is the question?

1 Answer | Asked in Immigration Law for Texas on
Q: Time frame for USCIS I-212 approval in Texas.

My partner, Jayro, was brought into the United States from Honduras illegally by his mother when he was four. Now as an 18 year old high school senior he has voluntarily left the United States with the assistance of a lawyer in hopes of re entering legally and becoming a citizen. He has no criminal... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 21, 2019

If he is not confident that his lawyer has been forthcoming, then he can always seek a second opinion from another lawyer. I suggest you find an experienced waiver attorney who specializes only in immigration.

2 Answers | Asked in Criminal Law and Immigration Law for Texas on
Q: Please Read,

This is about my husband who was charged in federal court on a charge of "misprision of felony" and served 1 year of federal prison, he is now in immigration detention for deportation for violating a student visa (basically not going back to his country after school was completed) which every... Read more »

Ebenezer Appiagyei
Ebenezer Appiagyei answered on Nov 18, 2019

American immigration law. A conviction for a crime involving moral turpitude (CIMT) causes a person to be inadmissible to the United States under section 212(a)(2)(a)(i) of the INA (Immigration and Nationality Act).

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