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Texas Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Texas on
Q: Family based immigration?

My brother lives overseas and I would like to file for his family based immigration. I would like to know if I could file for his wife and 2 kids as well? I mean as a part of the same application. If not, what is the procedure to help his wife and kids also immigrate with him?

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jul 3, 2020

Hello, are you a US citizen? If so, you can definitely file a petition for your brother. When a visa becomes available, he will complete the consulate process and at that time he will add his wife and child as accompanying immigrants. Keep in mind that the sibling category for filing typically has... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Immigration Law for Texas on
Q: How does a divorce with an undocumented parent go in Texas? Will they loose there rights as parent's and get deported?

Both married in Texas, not in agreement and without legal representation with two minor children under age 15 years of age. The mother is being tormented by this individual, should she do more than look for a lawyer to protect her and her children's rights?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 29, 2020

An undocumented parent does not lose his or her parental rights by getting divorced in Texas. It is doubtful that getting divorced will precipitate a deportation. However, at the end of a divorce one party or the other (usually one of the parties' attorneys) is supposed to submit a form... Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: my wife needs to renew her resident card but wants to try for citizenship.

she previously applied and was denied due to her interview. should she reapply or just renew her residency

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

More information is needed. A question like this requires a careful review of the decision denying naturalization. What is clear is that she cannot travel nor obtain new employment without an unexpired lawful permanent resident card. As a result, I strongly recommend an appointment or Zoom/Skype... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: I am green card holder planning to complete affidavit of support to sponsor my spouse and two kids to US. Question is:

My income for last year was $18.000 however my current individual income is $35.000, I checked that my current income meets poverty guidelines and enough for sponsorship. However may I file to sponsor my family by reporting my last year income which is lower and does it affect sponsorship and... Read more »

Liliana Gallelli
Liliana Gallelli answered on Jun 27, 2020

You can file now and not wait until next year but USCIS may send you a request for evidence because of the lower income from the currently filed tax return (despite having a current income higher than the poverty guideline threshold). The request may request a joint sponsor (i.e. another person to... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: I ve been deported from U.S in 2017 by immigration.Can I re-entry?

Hi there ,I ve been deported from Miami airport on March 2017 ,trying to comeback again in Miami after a short holiday in sud America.Immigration stopped me at the airport and ask me several questions Till they found out I was working illigaly there using someone else NIE number.The immigration... Read more »

Liliana Gallelli
Liliana Gallelli answered on Jun 27, 2020

You may be eligible for a waiver. You must check eligibility for filing an I-212 waiver to enter the United States before the penalty period for the deportation order is complete. Depending on the reason for the deportation and whether there have been prior deportations, the penalty period can be... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: Im permanent resident alien of us since age 7 how can I prove it. Without paying so much. Are there any militaryloophols

Came over as minor on mother's passport. Stepdad air force now retired. Been here since 1983, lived on bases till I ran away from abusive home. All paper work destroyed in fire. Help

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 20, 2020

Hi, I need more information to provide an answer. Are you sure you are a permanent resident or have just resided in the U.S for a long time?

Is you Mother a U.S Citizen?

DId your Step Dad adopt you and is he a U.S Citizen?

Are you married to a U.S Citizen?

If you...
Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: Please help,I need help with information on how to petition a marriage based green card.

Hi, I’m a US citizen and fiancé is not.He lived in the US for 2 years and had filed for asylum and before he got the interview the leader in his country was removed from power and situation had normalized so he went back a few months later.He did not notify the USCIS that he was leaving the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 19, 2020

There are two different ways to do it. He can come as your fiancé, and you can marry after he arrives. Then he can apply for a green card. You can marry him before he comes, then you can file an immigrant visa petition on his behalf as his spouse. When that is approved, he can apply for an... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Am I violating any laws by overstaying my F1 visa, while I am applying for adjustment of status for green card?

I am currently on a F1 visa which will expire on July 23. However, I got married in March and filed I-130 and I-485. Now I am wondering whether I am violating any laws if I stay past July 23, while I wait for my green card. Please advice.

Stephen Arnold Black
Stephen Arnold Black answered on Jun 19, 2020

Is your spouse a US citizen? If so then you can adjust status despite that you’re out of status as long as no grounds of inadmissibility otherwise exist.

1 Answer | Asked in Immigration Law for Texas on
Q: I am green card holder sponsoring my wife and two children, my last year income was 18K and this year current income

is expected to be 35K, if I report my last year income (18K) in affidavit of support does it affect sponsoring my family even though my current yearly income (35K) will be enough for sponsoring? Or I need to file affidavit of support next year? Thank you

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 15, 2020

Hello there, the USCIS will consider your previous tax returns and previous income since 2020 is still going on. You could include an employment letter showing your new job and your new expected income. However, I expect that you will need a joint sponsor for this application to be approved.... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Greencard related question

I'm a German Citizen with my 3rd E2 Visa working and living in the US. My Visa will run out next year in February. On 11.11.2018 i got married to my wife which is an US citizen. Since we are almost married for two years we are planning to apply for my green card now. We have not applied for... Read more »

Adan Vega
Adan Vega answered on Jun 14, 2020

You can be issued the 10 year resident card if at the time that USCIS adjudicates the FORM I-485/I-130 you have been married to a U.S. citizen for at least 2 years. You do not have to wait until November 2020 to file the request for adjustment of status in that USCIS does not adjudicate a request... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Filling for I-130 and I-485.

I am in very peculiar situation. I recently got married to U.S. Citizen and she want to file I-130 for me but I am currently under removal proceedings as my asylum case is in Immigration court, for 1 year bar (my final hearing date is set for 01/04/2023). Now the situation is my wife lives in Texas... Read more »

Adan Vega
Adan Vega answered on Jun 10, 2020

Your U.S. citizen spouse can file the FORM I-130 with USCIS and announce in the petition that you are in removal proceedings. The petition also requires that you announce the addresses where you and your spouse reside. USCIS will eventually schedule an interview appointment at a USCIS field office... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Can i move back to h4 ead from h1 just with change of status?

While on an H1 visa i applied for a H4 EAD in Feb 2019 since i was unsure if my H1 will get extended as we were hearing about a lot of rejections. after my H4 EAD card came in, my H1 also got extended and i have continued on my H1. Now i want to move to H4 EAD again. Will my old H4 EAD still be... Read more »

Drew Elesh
Drew Elesh answered on Jun 9, 2020

Yes you can do a change of status to H-4.

You do need to be aware of any presidential proclamations in June or July which may terminate EAD authorization for H-4. That is a possibility according to the recent news and the White House.

1 Answer | Asked in Immigration Law for Texas on
Q: Eb3 category row other country Texas service center

Eb3 other workers row .

priority date February 23 2018 .

Filled out i140 form October 3 2018.

And I got my second Ead .

.

Hi I filled out my I 140 form October 3 2018 since October 3 2018 I didn't get any uptade I already sent... Read more »

Adan Vega
Adan Vega answered on Jun 7, 2020

If you have filed the FORM I-140 under the EB3 OW category, you can request premium processing at this time. You can then obtain a reaction from USCIS in 15 days.

Good luck to you.

1 Answer | Asked in Immigration Law for Texas on
Q: Can I use old (2011) birth certificates from China (no longer a citizen) for my adjustment of status application?
Adan Vega
Adan Vega answered on Jun 5, 2020

Birth certificates from China are available from the Local Notary Public Office (Gong Zheng Chu) which is the official issuing authority.

You can use that document and a proper translation when you file the FORM I-485 with USCIS.

1 Answer | Asked in Immigration Law for Texas on
Q: Can EAD clock stops because of covid-19

Can EAD clock stops because of covid-19.

Victoria Ledeneva
Victoria Ledeneva answered on Jun 2, 2020

No. EAD clock does not stop because of covid-19. If you applied for asylum at least 150 days ago and still have not received an initial decision on your asylum application, you can file form I-765 and supporting documents with USCIS to request your Employment Authorization Document (EAD).

1 Answer | Asked in Immigration Law for Texas on
Q: my fiance is from the Philippines but lives 25 years already in Japan. She got her travel Visa 2 times denied

the american embassy denied 2 times her visa, to visit me in the US. I even wrote a invite letter, but they not even looked at it. Only thing they ask her, what is your purpose to fly to the US. What can we do, that she can come to visit me for 2 weeks. PS. She has 2 Javanese kids 24 and 16. And a... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jun 1, 2020

The embassy probably thinks she’s at high risk of not returning due to her personal and financial situation. Would marriage to you , a US citizen, solve this problem?Probably yes if you can convince the consulate that she married for love. If that is the ultimate goal then retain counsel here in... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: If a person is a citizen and has parents who are over 70 years of age

If a person is a citizen and has parents who are over 70 years of age, who came into the Country legally, with a tourist visa, but then the visa expired. Can the citizen apply for the parents to have a permanent visa or citizenship?

Adan Vega
Adan Vega answered on May 29, 2020

The U.S. citizen son or daughter can file an immediate relative petition, FORM I-130, on behalf of the parents. A FORM I -485 can be filed by each of the parents if they have lawfully entered the U. S. and if they are otherwise admissible.

An experienced immigration attorney can assist you...
Read more »

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4 Answers | Asked in Immigration Law for Texas on
Q: How much should it cost to get a green card?

I am just wondering on how much the total should for a layer and the green card?

Ms Grace I Gardiner
Ms Grace I Gardiner answered on May 29, 2020

It depends on how you entered the USA. I will need more information. It’s one price if you came in with inspection and another if you entered illegally

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1 Answer | Asked in Immigration Law for Texas on
Q: Already filed i360 after i485 was filed with i130. Just four out that it automatically converts. What can I do?

I filed for i485 two years ago with my US citizen husband, but unfortunately, he passed few days before my interview. I went to the interview alone and it didn’t go too well. I’m still waiting on response from the interview. But my lawyer said that I should file i360 because I’m a widow even... Read more »

Adan Vega
Adan Vega answered on May 26, 2020

The FORM I-130 filed by your late spouse automatically converted into a FORM I-360.

At this time, you need to contact your attorney to discuss the strategy with your case in light of the fact that you have filed both the FORM I-130 and the FORM I-360.

Good luck to you.

1 Answer | Asked in Immigration Law for Texas on
Q: how do i petition siblings from mexico?
Adan Vega
Adan Vega answered on May 26, 2020

If you are a U.S. citizen, you can file the FORM I-130 on behalf of your siblings. You will need your birth certificate and the same documentation of your siblings.

Good luck to you.

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