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Texas Immigration Law Questions & Answers
1 Answer | Asked in Bankruptcy and Immigration Law for Texas on
Q: With a conditional green card in the US, would filing for bankruptcy overseas affect my ability to remove GC conditions?

Would it also affect my ability to work in the finance industry?

Kevin L Dixler
Kevin L Dixler answered on Dec 30, 2020

That's a loaded question best discussed in the office. Some additional questions will include, "How did you obtain your conditional greencard? (e.g. investment based or family based?) What sort of bankruptcy is it? (personal or business based). There is a form I-944 that has to be... Read more »

3 Answers | Asked in Divorce, Family Law and Immigration Law for Texas on
Q: What can I do? Divorce issue

I was married to wife A in Colombia in 2001. I filed for divorce there in Aug 2005, it was a very simple and quick divorce (my lawyer told me it would take no more than 6 months) and moved to US in 2005. I remarried wife B (no US citizen) in Colorado in June 2006. We (wife A and I) filed our... Read more »

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

Your question does not lend itself to an easy answer. Are you presently residing in Texas? In Texas, a Judge may pronounce a divorce as being granted on a certain date but not sign the Decree until several days or weeks later. The answer to your question may turn, in part, on whether a divorce... Read more »

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2 Answers | Asked in Immigration Law for Texas on
Q: I live in Europe, can I keep my green card?

I moved to Europe permanently wo years ago. My wife is American and we visit the USA roughly once a year. I still have a bank account as well as a 401k. Is there a way to keep my green card indefinitely?

Kyndra Mulder
Kyndra Mulder answered on Dec 6, 2020

A green card means you are a permanent resident. Permanent Resident means just that;

Permanent Resident. If you are not a permanent resident: do not maintain your actual physical presence in the USA you loose the status. A bank account and 401K do not establish residency.

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1 Answer | Asked in Immigration Law for Texas on
Q: Can I give up my green card while traveling on an ESTA Visa?

I lived in the USA as a Dutch national with a green card and moved to the Netherlands permanently two years ago. I will be visiting my American wifes family for two weeks for vacation. I still have my green card and would like to give it up upon entry at the border control. I applied for the ESTA... Read more »

Kyndra Mulder
Kyndra Mulder answered on Dec 6, 2020

First; You state you moved to the Netherlands 2 years ago. Your LPR status may already be revoked because of the extended stay outside the USA.

Second; If you are l an LPR you are not eligible for ESTA of a visa.

To be eligible for ESTA you will need to firm make sure you are not an LPR.

1 Answer | Asked in Immigration Law for Texas on
Q: I am a green card holder, can I file petition for my 20 year old who is here on Esta.

My 20 year old son has been here for 2 months on ESTA, I am wondering if I can file a change of status for him while he's here without going back. I am a resident not a US citizen yet

Kyndra Mulder
Kyndra Mulder answered on Dec 2, 2020

First; As an LPR your son is required to maintain a lawful status in order to adjust through you in the USA.

Second: Your son is likely to age out before he is able to adjust. This means he becomes a priority relative and is no longer an immediate relative. The wait will be extended by...
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1 Answer | Asked in Immigration Law for Texas on
Q: Travel Visa Extension inquiry

My father landed here on Travel Visa(b1/b2) on 31 Dec last year. His visa validity was till 30th June 2020. I applied for visa extention due to pandemic situation before 15th june online (form 1-539 ). status is not updated yet and application is under review status. Even they will approve this... Read more »

Kyndra Mulder
Kyndra Mulder answered on Dec 1, 2020

Yes. You may file for a second extension.

2 Answers | Asked in Immigration Law for Texas on
Q: 19 y.o. son lost all ID and greencard. First week of December 2019 entered MX and is there now. How to return to US?

He is in Acuna just across from Del Rio with family. Only ID is an expired MX passport with the original visa granting entry to US affixed. Out of the US 350 days now. MX offices that grant identification and passports are running months behind,

Kevin L Dixler
Kevin L Dixler answered on Nov 21, 2020

You should try to make arrangements at the consulate or port of entry for deferred inspection as soon as possible. He will need a transportation document. He will need proof of identity. He will need a certificate of birth. He will need to bring whatever he can show them. He may need to just... Read more »

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3 Answers | Asked in Immigration Law for Texas on
Q: Can my 18 year old daughter file together with me?

My son is filing a petition for change of status for me. Can my 18 year old daughter who came with me on visa waiver be filed at the same time?. If she waits for mine to get through she would’ve been out of status.

If not what’re the options open to her.

Adan Vega
Adan Vega answered on Nov 20, 2020

If your son is a U.S. citizen and at least 21 years of age, he can file the FORM I-130 relative petition on your behalf. Depending on the date of your entry with the visa waiver (ESTA) , you may be able to proceed to file for adjustment of status with USCIS.

Your 18 year old daughter can...
Read more »

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3 Answers | Asked in Immigration Law for Texas on
Q: Unable to obtain certified copies of disposition due to court only keeping for 5 yrs, what are other options?

In 2009 I received an MIP, alcohol - citation only no arrest. County court only keeps records on Class C misdemeanors for 5 years. I am planning on filing for citizenship but don’t have the certified document showing what the disposition was. I however do have the copy given to me from clerk... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 19, 2020

Technically, the citation was an arrest. The officer cited you for an offense, released you on your own recognizance, and ordered you to appeal at a later court hearing. If you went to court and paid a fine, you have a conviction for the offense. The question then is whether the offense was an... Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: If my husband was deported in 1999...are we still married?
Grant St Julian III
Grant St Julian III answered on Nov 14, 2020

There is no such thing as common law divorce. If neither one of you have filed for divorce and a decree has been granted, then yes, you are still married regardless of how long you have been separated.

1 Answer | Asked in Immigration Law and International Law for Texas on
Q: My fiance's family moved to the US when he was 1 y.o. Is there any possibility that he can get the citizenship?

Hello. I have recently heard about your free legal services. My fiancé and I are in the process of moving to a small town in my country. We are just at the beginning, so your advice would be very important to us. Namely, my fiance's family migrated to the US (from North America), when he was... Read more »

Grant St Julian III
Grant St Julian III answered on Nov 13, 2020

Yes. Contact an attorney in your area to discuss possibilities. Good luck, and congratulations on the engagement.

1 Answer | Asked in Immigration Law, Tax Law, International Law and Internet Law for Texas on
Q: Hey plzz reply ASAP dear...I too live in the US...so can you get paid from youtube even after having F1 visa?

So if I upload a video from US but link it with my homecountry bank...which means I can't get the money in USA but only get money in my home country bank account..is that legal and fine? And what if I know someone who is working in USA and invested and have E2 visa(not green card), can I... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 6, 2020

No! You are living and working in the U. S. in violation of your F-1 student status. There can be remedies to this mistake, but you need an appointment with a competent and experienced immigration attorney, who can take the time to provide legal advice.

The above is general information,...
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1 Answer | Asked in Immigration Law and Domestic Violence for Texas on
Q: Self defense because of domestic violence

My sister got taken into custody because she fired a shot at her abusive boyfriend. His free but she got put in jail for shooting at him with a busted up face and bruises everywhere. They have a child together and police let him keep the kid. Neither parent (him or my sister) are legal. What are... Read more »

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

There are situations in which the use of defensive force is allowed but the use of excessive force is NOT allowed. If the defendant is convicted, she will be permanantly barred from this country. She should hire the best defense attorney available in the county where the charges are pending.... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: How to count days of OOS if my wife's I-94 has gap when file I-485?

My H1 expires Oct 1, 2014. I went back to my country and reentered US on J1 later that year. My wife did not travel back with me. She stayed in the US. After I got back, we filed her J2 application Feb, 2015 which was approved Nov, 2016. But her J2 I94 states the I94 is valid from Nov 2016 to D/S.... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 6, 2020

Generally, when an application is filed, and that application is subsequently approved, the applicant did not accrue unlawful presence during the time the application is pending. If the application is denied, the unlawful presence accrues back to the time of filing. A bigger issue could be the fact... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Fui victima de un tiroteo a mi casa calificado como deadly conduct califico para visa u dispararon como 20 tiros
Adan Vega
Adan Vega answered on Oct 3, 2020

You should obtain the police report that will provide all the details of the incident. That is the document that you will need to request “certification” of the incident from the police department. Once you have the “certification” you can then apply for the U visa.

A experienced...
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1 Answer | Asked in Immigration Law for Texas on
Q: Deadly conduct califica para visau
Adan Vega
Adan Vega answered on Oct 3, 2020

If you are a victim of “ deadly conduct” you may qualify for the U visa.

You did not post additional details and it is not possible to say whether you will be successful in obtaining the U visa.

I recommend that you visit with an experienced immigration attorney to assist you...
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1 Answer | Asked in Immigration Law for Texas on
Q: Does i864a ONLY apply 2 household member primary sponsor w/ insufficient $? Or can use it for Joint Sponsor's spouse?

- primary sponsor is a one person household , i864 income insufficient.

- has Joint sponsor seperate household income is marginal wants to include spouse. Does spouse use i864a or become 2nd Joint Sponsor on another i864? Thanks

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Sep 27, 2020

Good Morning. I-864A is for household members of the sponsor or joint sponsor whos income will be Included in the total household income.

Are you using the poverty guidelines on USCIS website?

Have you considered who will be added to your I-944? Let me know if you have follow up...
Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: A place for help with citizenship for senior dont speak English and doesnt have a lot income who can help her with fees
Adan Vega
Adan Vega answered on Sep 25, 2020

You can contact community organizations that can assist the applicant for naturalization such as Catholic Charities or NALEO. You can also contact law school legal clinics for assistance.

Good luck to you.

2 Answers | Asked in Immigration Law for Texas on
Q: what type of visa is required for a immigrant to enter the country for the purposes of marriage to US citizen.

we are both over 60 and want to try and get this process over as quickly as possible

Adan Vega
Adan Vega answered on Sep 22, 2020

If you are intending to marry in the U.S. with a U.S. citizen then your future spouse should file the FORM I-129F with USCIS to initiate the process for requesting the K-1 visa. The K-1visa is issued at a U.S. consulate abroad.

Good luck to both of you.

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2 Answers | Asked in Immigration Law for Texas on
Q: I would like to know if my father applied for citizenship here in the US if there is a chance he can obtain it.

He committed a crime in 1982. It appears as such: CRIME CLASSIFICATION: Felony First Degree, OFFENSE CODE: 356215, OFFENSE DESCRIPTION: Pos Marij Over 2000 LB, and received 10 years probation, which he completed and has all the documentation. He has had no other criminal behavior and has since... Read more »

Amanda B Cook
Amanda B Cook answered on Sep 22, 2020

Aggravated felony issues are complicated and you should seek a paid consultation with an attorney experienced in such matters.

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