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Texas Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Texas on
Q: Does CSPA apply to derivation of citizenship through naturalized father, 10 years after permanent bar?

The petitioned child was 14 at the time of the consular appointment (05/03/2012), in which the 212(a)(9)(c)(i)(i) was applied.

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Jun 15, 2021

If the child was the principal beneficiary of a family petition when he was 14 in 2012, he should not have been bar from applying for a visa at that time. A child under 18 does not accrue unlawful presence. If the child was a derivative beneficiary as the son or daughter of a principal beneficiary... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: Obtaining certificate of non-existence

I am originally from the Netherlands and reside in the US without legal status. I just found out yesterday my mother is dying and I need to return to the Netherlands. I am already trying to obtain a Laissez- Passer/Emergency Passport from the Netherlands but I was told I also need a certificate of... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on May 27, 2021

You are free to leave the USA. You will not be able to return.

Based on your post it sounds like the problem is that your Netherlands passport is expired. Most consulates will not renew a passport for their citizens unless you are in the USA legally. The issue is being admitted into the...
Read more »

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2 Answers | Asked in Immigration Law for Texas on
Q: My green card expired while waiting to be approved for citizenship. Do I need to renew my green card?
Kevin L Dixler
Kevin L Dixler answered on May 25, 2021

If a lawful permanent resident changes jobs or needs to travel, then they must have evidence of immigrant status for travel, CBP and I-9 purposes, respectively. In general, a lawful permanent resident must have proof of their status should they be subject to inspection. Otherwise, they can be... Read more »

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1 Answer | Asked in Criminal Law, Immigration Law and Federal Crimes for Texas on
Q: Is there something I can do for my father's felony charge 25 years ago that got him deported

My father was charged with a felony 25 years ago from a drug charge

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on May 19, 2021

The question is, what do you want to do about that matter? You say your father was charged with a felony drug offense but you don't mention what actually happened to the case? Did he plead guilty? Did he go to trial and lose? Or did he get deported before anything happened in the drug case? If... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: My husband is filing a petition on behalf, however he is currently unemployed and collecting unemployment benefits

Can those benefits be added to his current total annual income? Or could $0 be written in that category seen that we have a joint sponsor?

Also, we filed our taxes jointly and is unable to distinguish our individual AGI on the tax transcript. Can we use his wages and compensation stated on... Read more »

Agnes Jury
Agnes Jury answered on May 19, 2021

"Yes" to all your questions but it will be important to show that he and/or your joint sponsor have sufficient income (excluding unemployment) both at the time of filing AND at the time of the interview. Best wishes!

2 Answers | Asked in Immigration Law for Texas on
Q: Married to USA Citizen for 6 years now, but we are living in Dubai,UAE. Can I still apply for Green Card?

My daughter is also an American Citizen, do i have to be in USA to obtain Green card or American Citizenship. I am Indian Passport holder.

Adan Vega
Adan Vega answered on May 18, 2021

Your U.S. citizen spouse can file the relative petition ( FORM I-130) with USCIS on your behalf. You , as the beneficiary, do not have to be present in the U.S. to commence the process.

An experienced immigration attorney can assist you with this process and help you to avoid any...
Read more »

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2 Answers | Asked in Immigration Law for Texas on
Q: I have a conditional green card which will be expiring by 09/29/2021 please I when I can file I-175 with my US spouses
Adan Vega
Adan Vega answered on May 15, 2021

You can file the FORM I-751 within the 90 day period prior to expiration of the conditional status. In your case you will need to subtract 90 days from 09/29/21 to determine the earliest day you can file the FORM I-751 with USCIS.

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1 Answer | Asked in Domestic Violence, Immigration Law and Landlord - Tenant for Texas on
Q: Can I terminate my lease if there is a domestic violence charge against me?

I am an immigrant on Daca and I am married to a U.S. citizen. My husband has criminal history. I've been suffering from many forms of abuse, including emotional, verbal and even physical. Because of his crimininal history , many times I hesitated to call the cops on him when he began acting... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 12, 2021

Being accused of a domestic violence is not a condition that allows you to break a lease without being responsible for paying future rent obligations under the lease agreement. If you break the lease, you will be responsible for your obligations under the rental agreement. You would probably be... Read more »

2 Answers | Asked in Immigration Law and Child Custody for Texas on
Q: Hello, I have two questions please. 1._ Can my fifteen year old daughter visit me in Ecuador during the time her

dad is applying for their resident visa in the USA?

2.- What do I need to fight for her costudy?

Agnes Jury
Agnes Jury answered on Apr 27, 2021

More information is needed to answer your first question and it would be best if you called an immigration attorney to do a consultation over the phone. You should consult with a family law attorney for assistance fighting for custody. Best wishes!

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3 Answers | Asked in Immigration Law for Texas on
Q: I submitted my I-751 on April 2019 & had an interview on Dec 2020. The120 days deadline is past due & still not answer.

I've submitted my I-751 on April 2019 and had an interview with my spouse on December 2020. We're told, we'd be notified about their decision in the next 120 days. The deadline is past and I called asking about this, I was told again my petition is in process and I have to keep... Read more »

Adan Vega
Adan Vega answered on Apr 24, 2021

At this stage of your case, you will be best served if you engage an experienced and qualified immigration attorney to advocate on your behalf.

There are several approaches and options that are available that the attorney can discuss with you.

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1 Answer | Asked in Immigration Law, International Law and Tax Law for Texas on
Q: Should I get a tax refund as an international student?

I started working this year and filed my taxes for last year. I got a tax refund but I was not employed anywhere last year. I am a F-1 student, will this refund affect my chances of getting green card?

Agnes Jury
Agnes Jury answered on Apr 22, 2021

You should consult with a Certified Public Accountant to understand why you got a refund. As long as your taxes were properly completed, the mere fact that you got a refund will not affect your eligibility for permanent residency/green card. You should consult with an immigration attorney though... Read more »

3 Answers | Asked in Immigration Law for Texas on
Q: How do i as a American Citizen get my children passports if they were born in the U.K?

I have indefinite leave to remain in the U.K but received it after i had my children which are now 17 & 18. I am in need of advice on how to obtain passports for them. Are they entitled to American passports because I'm an American Citizen? When they were born i didn't have indefinite... Read more »

Adan Vega
Adan Vega answered on Apr 20, 2021

Whether your children are entitled to request U.S. passports depends on various factors.

Unfortunately, you provided limited information in your posting.

Are you a U.S. citizen since birth or are you naturalized?

If naturalized, when did you become a U.S. citizen?...
Read more »

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1 Answer | Asked in Divorce and Immigration Law for Texas on
Q: I would like to know how an uncontested divorce affects a future application for citizenship.
Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

If you’re the beneficiary of an application filed by your citizen spouse, the length of time you must wait after you get your green card, before you can apply for citizenship can be different. If you’re married to a US citizen you can apply 3 years after getting your green card. If you aren’t... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: My parents has extended B2 visa for 10 months how can I make them stay in States longer ?


My parents have entered into U.S end of 2019. We had to get 6 months extension during covid and we extended another 4 months. Because of my parent's health problems. They both had serious surgeries in the past and their doctor advised us if they get infected with covid they may end... Read more »

Agnes Jury
Agnes Jury answered on Apr 5, 2021

A lot more information is needed to evaluate your parents' options. You should do a consultation with an experienced immigration attorney. Many offer free phone consults but it would be well worth paying for advice from an experienced attorney. Best wishes!

1 Answer | Asked in Immigration Law for Texas on
Q: what is An applicant caused delay in asylum and how can i correct it

Hi I applied for work authorization and included my ASAP membership card and my request was rejected with reasons being

- there was a delay in my asylum proceedings. How do i rectify this delay. Do i need to write court or what. I am confused

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 28, 2021

This is an often confusing area for everyone, including attorneys and court staff. Essentially, the EAD clock begins to run once your asylum application is properly filed either with the immigration court or the asylum office if filed affirmatively. The EAD clock stops counting if the applicant or... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Anyone know how long the average wait time is for a F4 visa for Canadians?
Adan Vega
Adan Vega answered on Mar 28, 2021

Applicants for immigrant visas who have a priority date earlier than the application date of October 22, 2006 listed in the Visa Bulletin chart for March 2021 can proceed to be issued the immigrant visa at the U.S. consulate after fulfilling all of the National Visa Center requirements.

1 Answer | Asked in Employment Law and Immigration Law for Texas on
Q: permanent employment certification

I got a job offer from a US company in Dallas,TX. I am from Egypt.They asked me to fill a form for permanent employment certification. Then send it to their law firm.Then the law firm asked me to pay

-Consultation/Legal Service Charge:$990.00

-Permanent employment certification... Read more »

Adan Vega
Adan Vega answered on Mar 28, 2021

The federal regulations that you can find at 20 C.F.R. § 656.12 specifically indicate that the employer MUST pay ALL of the costs associated with the PERM process. These costs that must be paid by the employer include the attorney’s fees and costs of advertising for the position. Hence you can... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Was he deported. If so will he ever be able to come back to the USA
Adan Vega
Adan Vega answered on Mar 27, 2021

Once a foreign national is removed (deported) from the U.S. the possibility of returning to the U.S. depends on multiple factors including the reason for the removal, period of time after the removal, lawful status of family members, etc.

I recommend that you consult with an experienced...
Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: My wife is Russian. I am a US citizen. We are wanting to submit the I-130 form pending a name change. How do we do this?

Name changes in Russia are length processes. They are shown in roman letters and Cyrillic letters on foreign passports. We are changing her last name to mine in Cyrillic (accepted) and wanting to correct a spelling error (additional letter) in the roman translation of her first name (not accepted... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Mar 10, 2021

It sounds like the issue is that her name will not be written correctly in her Russian passport. If that is the case, it is probably best to have here keep her maiden name, at least for the time being.

1 Answer | Asked in Immigration Law for Texas on
Q: I am a graduate on F1 status and I want to register for H1B this March. What do I need to do?

Hello, I am a recent graduate on F1 status and I have applied for OPT (have not received EAD card yet) and I want to register for H1B this March. I know that my employer and I must register online on USCIS for the H1B Visa with the 10$ fee. Besides the registration part, is there anything else I... Read more »

Adan Vega
Adan Vega answered on Mar 6, 2021

The prospective employer will have to register with USCIS as you have indicated in your posting. If the employer is selected by USCIS then the FORM I-129H must be filed by the employer with USCIS in APRIL 2021.

I highly recommend that the prospective employer engage an experienced...
Read more »

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