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Texas Immigration Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Immigration Law for Texas on
Q: Being stopped in Texas, the driver was intoxicated, with weed in the car and the passenger is an immigrant...

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Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 19, 2023

Any arrest could impact your immigration I would not ride in the car with him under this set of facts,

1 Answer | Asked in Immigration Law for Texas on
Q: Does CDC check for proof of vaccination at Immigration at a US airport?

If the airline doesn't require a proof of vaccination to enter the US, would a non-citizen have any issues upon arrival? Is there a CDC check at the airport? There wasn't one a few months back.

Monica E Rottermann
Monica E Rottermann
answered on Jan 18, 2023

Yes, see CDC wesbiste: https://www.cdc.gov/coronavirus/2019-ncov/travelers/international-travel-during-covid19.html#:~:text=Air%20Travel%3A%20All%20non%2DU.S.,this%20requirement%20and%20accepted%20vaccines.

Non-U.S. Citizen, Non-U.S. Immigrants

Proof of Vaccination

REQUIRED...
Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Does someone need to show a proof of Covid vaccination at immigration in the US if they are not a US citizen?

The airlines do not have a requirement and want to be sure that the person traveling will not be sent back from the airport.

John Michael Frick
John Michael Frick
answered on Jan 18, 2023

The CDC currently requires all non-US citizens to show satisfactory proof of COVID vaccination in order to enter the U.S.

This is a public health regulation, not an immigration requirement.

1 Answer | Asked in Immigration Law for Texas on
Q: My parent was issued an immigrant visa and it will expire soon. Can we extend the validity of the immigrant visa?

She is not ready yet to travel to US

Monica E Rottermann
Monica E Rottermann
answered on Jan 17, 2023

The easiest option is for your parent to enter the United States before the expiration of the immigrant visa, as once they are admitted they will receive a stamp in their passport that makes the immigrant visa valid for 1 year. They can come to the United States and then return to their home... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Have you ever been under immigration proceedings???

I’m filling out for I-485 and it’s asking me if I ever been under immigra.proceedings? We didn’t attent interview and I got a letter to leave country within 30 days but then I filled for Vawa. So should I answer yes or no to this question???

Monica E Rottermann
Monica E Rottermann
answered on Jan 12, 2023

Immigration proceedings refers to removal/deportation/exclusion/etc. proceedings. For example, if you were ever issued a Notice to Appear and had a case in immigration court in front of an immigration judge then you would have to answer yes to that question.

You should check your A-number...
Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: I am a US citz filing I-130, and I-765 for my sister (over 21) residing in US. How long does it take to get work permit?

I am a US citizen, and my sister has B1/B2 visa. She is planning to stay in US so I can apply for her green card. Based on the USCIS processing times it takes 32 months to get I-130 approved, and 22.5 months to get I-485 approved. I was wondering when she will be able to get a employment... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 16, 2022

You’re misinformed. A US Citizen sponsoring their sibling takes 12 + years before a visa is available. And even then, sister needs to be “in status” before she can adjust status.

1 Answer | Asked in Immigration Law for Texas on
Q: My brother is 38, mentally sick. My father is his legal guardian.

My father and brother are both Christians and fled Iran as my father was sentenced for years in prison because of Christianity. They both live in Turkey by touristic visas. My father takes care of my brother. My brother isn’t able to manage his life. As a U.S citizen, Can I apply for green cards... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 7, 2022

As a US Citizen, you could sponsor Dad for his green card as your immediate relative. His processing time would be about a year to two. You can sponsor your brother but that processing speed would take about 12 years. Your brother can’t travel on a derivative visa based on Dads case. Your... Read more »

3 Answers | Asked in Immigration Law for Texas on
Q: I am a us citizen and I want to marry a girl in india

Hello, I am a us citizen and I want to marry a girl in india but she is going through a divorce and also have a 4 year old daughter, so I wanted to know how will I be able to get her and her daughter to the states? I know I will have to wait until her divorce is finalized in india but what process... Read more »

Adan Vega
Adan Vega
answered on Dec 2, 2022

Upon issuance of the divorce decree and marriage, you can then file the FORM I-130 with USCIS on behalf of your spouse and her daughter. After approval of the relative petitions by USCIS, the cases will be transferred to the National Visa Center (NVC) where you and your spouse will present... Read more »

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1 Answer | Asked in Immigration Law and Tax Law for Texas on
Q: I have green card and I own a house in TX, value of 1 m $. Do my inherits will pay inheritance tax? how much?
John Michael Frick
John Michael Frick
answered on Nov 30, 2022

Texas has no inheritance tax and is highly unlikely to adopt one.

Our federal government has vacillated between having no estate tax to imposing an estate tax with an exemption. This is not imposed on an asset by asset basis, but rather on the amount of your entire estate.

In...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Immigration Law and Civil Rights for Texas on
Q: The Psychiatric Hospital filed abandonment against me because they cannot get a hold of me that’s what they are saying.

My 17 year old son runaway a lot of times and he attempted to poison the whole family. I drop him off in the bus station going to Georgia and he met a Pastor and 2 female in the bus. Since his a professional liar that’s how his been addressed by all the cops in our County he was able to... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 23, 2022

Retain a lawyer, I cant tell from your question if you have a criminal charge or if it is a civil lawsuit,

1 Answer | Asked in Immigration Law for Texas on
Q: I have an I-130 approved since 1996 when my Mom was a PR. It is still valid nowadays? I'm a married, adult child. Thks

I'm currently in the US (holding a B1 Visa) and I just learned about that petition and the approval. I have Venezuelan & Canadian citizenships, but I'm now interested in the Green Card because I'm running a business in US.

So, do you think that I can just apply for the... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Nov 11, 2022

More information is needed. Was your mom a U.S. citizen before you married your wife?

In general, if you married your wife, then an F2b visa petition by a lawful permanent resident for their child is effectively terminated at the moment that the child's gets married.

I...
Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: H1b holder commute US MX border daily, any issue?

I am currently a H1B visa holder. My company has offices in Texas and Mexico, and I am asked to travel back and forth the border every day. Is there any law preventing me from doing so? And will this effect my status in any way? Thanks in advance

Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

Typically, when traveling on an H-1B visa the following documentation to reenter the U.S. is required:

Valid passport with at least 6 months of validity at the time of admission to the U.S.

Valid H-1B visa stamp in your passport,

Original H-1B approval notice (I-797)...
Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: I filed an I130 for parents who live in a foreign country, I have siblings who are minors. Can they immigrate together?

I'm a US citizen, and I filed the form I130 to bring my parents, my issue is that I have younger siblings (10 years old) and I don't know if she can immigrate with them at the same time as she can't stay by herself, I do have other siblings younger than 21 but they are in college... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Oct 24, 2022

The minor children, your siblings, must be petitioned individually, as fourth preference beneficiaries. The children are not derivative. The children may be petitioned by their parents in the second preference category. However, that can take quite a while.

This can distract your parents...
Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: My green card expired a year ago is there a way to get a extention to go back home and come back and file citizenship

I can apply for citizenship, but I want to go back to sell some properties get the money and bring it back and then file for citizenship. Is there anything that’s calling extension on an expired green card?

Kyle K. Morishita
Kyle K. Morishita
answered on Oct 17, 2022

If you want to travel outside of the United States, you need a valid, unexpired passport. Additionally, it is best to have proof your permanent residency. So, you should file Form I-90, Application to Replace Permanent Resident Card. After filing, you will likely receive a receipt notice or a... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: My kids dad was a resident but he got into trouble in 1997-1998 he left to Mexico and wasn not able to renew his residen

Is there any possibility he can return to the United states?

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

He would need to have the means to re-immigrate to the United States and apply for an immigrant visa to return. However, depending on what type of “trouble” he had, he might not be eligible for the visa. You should discuss his case with an immigration attorney to determine if he has a... Read more »

3 Answers | Asked in Business Formation, Business Law, Immigration Law and Tax Law for Texas on
Q: I am Ukrainian citizen living in the USA as a student and I want to open an online business how should I pay taxes.

I am Ukrainian citizen living in the USA as a student waiting for my F-1 visa and TPS and I want to open an online business.

I want to open drop shipping business I have an Ukrainian card and I have a card in PNC bank that I just opened, but because I am minor it was opened on my host mom... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 20, 2022

In my experience, business owners generally hire an accountant to help them navigate the taxes.

I really like Peters CPA, LLC https://www.lpeterscpa.net/ or (972)863-9640.

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1 Answer | Asked in Immigration Law for Texas on
Q: How to get citizenship for a person that is 63 and has been in the US since he was 6 months old
Agnes Jury
Agnes Jury
answered on Sep 6, 2022

It depends on many facts that you do not provide. Best to do a paid consultation with an experienced immigration attorney. Best wishes!

2 Answers | Asked in Immigration Law for Texas on
Q: My girlfriends greencard expired years ago but she still lives in Texas with me. Is it legal for me to marry her?
Monica E Rottermann
Monica E Rottermann
answered on Aug 24, 2022

Assuming she had a 10-year permanent green card (and not a 2-year conditional green card) she remains a lawful permanent resident even if her green card is expired. Assuming she has no underlying issues, she can file to renew her expired green card by filing Form I-90 with USCIS. Even with an... Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: Can I remarry if I obtained greencard thru ex wife

I have a greencard for 10 years i got the greencard thru my first marriage and I'm divorced now and I'm still a permeanant resident can I remarry a foreign spouse is there something called 5 year rule that restricts marriage or its just I need to wait 5 years before sponsering my new... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 13, 2022

There is no such thing as a "five year rule" to marry another person as you wish. However, you need to naturalize to become a USC in order to petition for your foreign national spouse, provided you marry that person.

1 Answer | Asked in Immigration Law for Texas on
Q: Can a paralegal handle my immigration case legally?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

No.

A paralegal could only perform any legal work on any legal case under the supervision of a licensed legal counsel authorized to practice law, otherwise such activity may fall under the unauthorized practice of law.

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