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Wisconsin Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Wisconsin on
Q: I am an F-1 overstay. Married to USC. I-130 approved. I-485 is pending. ICE came searching for me and I got NTA.

My Master hearing was canceled due to COVID. What are my chances of receiving benefits such as EAD? I have been married for 4 yrs with an infant. Lived in the USA since 2008.

Liliana Gallelli
Liliana Gallelli answered on Jul 7, 2020

There are many ways you can qualify for a work permit. One way is if you are eligible for Cancellation of Removal as an application for defense from removal. If you have lived in the US for over 10 years (not more than 90 days absent during those 10 years), if you have "good moral... Read more »

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: I am married to USC. ICE issued NTA after the fact of my I-485 submission. Is getting EAD a possibility? I-130 approved.
Kyndra Mulder
Kyndra Mulder answered on Jul 7, 2020

Is the I-485 still pending or was it denied? You are only allowed an EAD if you have a pending I-485.

Also depends on why you were issued an NTA.

An NTA means you are inline to be considered for removal from the USA. It is suggested you at least consult with if not retain an...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Can a friend live with me while overstaying her visa with a pending exchange/extension in progress?

I have a friend who is here on a Q1 Visa. Due to the virus, she lost her job and is experiencing a hardship and cannot return home. And given the current situation, travel is not advised. I helped her file an exchange of status from Q1 to B2. Unfortunately we did this 5 weeks into an overstay... Read more »

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

Why not? There seems to be extreme confusion. The concept of harboring an alien, at law, is terribly misunderstood by the American public! You are allowed to support a friend in her effort to change status.

She filed late, but in doing she may have challenges that were left unexplained to...
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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I apply for a fiance visa if my girl friend is visiting on a B2 tourist visa?

I met a girl online in venezuela. I'm working on getting her a B2 tourist visa to come to the US so we can meet. She's doing that in colombia. Once she is here visiting me and we develop a relationship, it is possible that I might decide to marry her. But no guarantee.

I... Read more »

Matthew J Hartnett
Matthew J Hartnett answered on Jun 30, 2020

Unfortunately, while you could start the process of the fiancee visa, you cannot change her status from B-2 to K-1 (fiancee) from the USA. K-1 visas are only issued abroad. As you state, you might decide to marry her. If that occurs, consider contacting an attorney to discuss.

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3 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for Wisconsin on
Q: I have a DUI homicide case on my record, can I apply as a petitioner to have my fiance come and marry me with a K1 VISA?

I was 17 years old when it happened. My sentence was 5 years prison time 5 years extended suppervision. Im 32 now and its the only blemish on my record.

Kevin L Dixler
Kevin L Dixler answered on Jun 27, 2020

It is likely, but more information is needed, but you should probably work with a competent immigration and visa attorney in case there are discretionary issues that create confusion for you. There may be more than one option.

If the questions are improperly answered, and that is not...
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1 Answer | Asked in Consumer Law, Identity Theft and Immigration Law for Wisconsin on
Q: Will this affect my green card application?

My friend from China scammed me. He said his business is legit and he asked me to collect payments and send it to him. My bank closed my accounts because of it and deducted money to my other accounts to send the money back to people who marked me as fraud. Will this affect my application to get a... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 27, 2020

Yes!

If this just happened, a Federal investigation may be pending. If you spoke to Federal Officers, then you may be subject to further action in criminal court. This will delay any action and may even result in detention and deportation.

I strongly recommend an appointment with a...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: NVC terminated immigrant visa registration. Still eligible for adjustment of status?

I have an approved I-130 petition with a priority date of Feb 2009. At the time of petition it was in the F2B category. In Feb 2012 we upgraded it to the F1 category. In 2014, after I got married, we thought we updated it to F3, but NVC does not have a record of it and they still have my old... Read more »

Osarumwense Iyamu
Osarumwense Iyamu answered on Jun 17, 2020

An approved I – 130 petition remains valid until used to obtain a permanent resident status or until revoked.

If my office can be of further assistance, contact us to schedule a consultation.

The above information does not constitute legal advice nor create an attorney-client...
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1 Answer | Asked in Divorce and Immigration Law for Wisconsin on
Q: I was divorced by my USA Citizen spouse. I did not participate in the court proceedings. Can I enforce I-864 at all now?

.

Amanda B Cook
Amanda B Cook answered on Mar 16, 2020

A couple of things on this, even though I have no real good advice for you in your current situation, but just because others may read this.

First - divorce proceedings are mandatory. You can't just "choose" not to participate in court proceedings in the United States (or...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: My husband filed all his papers in November 15th 2019. We are married. We got married while he was here on a j1 visa. Im

From wisconsin and he's from jamaica. How long will it take for his work permit to get here?

Stephen Arnold Black
Stephen Arnold Black answered on Feb 17, 2020

Did his J1 visa have a 2 year restriction on it? Are you a US citizen? Discuss your case with an attorney in a private free phone consultation.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Can permanent resident bring spouse to the US? Would there be any difference if it’s done after getting US citizenship?

I am permanent resident and I’m in love with citizen of another country. I would like to marry her and bring her to United States to live together. As far as I know I’m able to do that with my current status. However, I’m wondering if it would be better to get citizenship first? As far as I... Read more »

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

Discuss your case with counsel anywhere in the USA for representation. There are several pathways to get her here.

2 Answers | Asked in Immigration Law for Wisconsin on
Q: Once an I-130 has been accepted, how long do I have to get in the I-864, affidavit of support?

I'm an American citizen trying to sponsor my Chinese wife. We both live in China now, and the only place I can call a "residence" within the US is my Mom's apartment.

Stephen Arnold Black
Stephen Arnold Black answered on Nov 8, 2019

If you are sponsoring your wife and you both are in China, she will have to process at the consulate in China. Retain counsel anywhere in the USA to help you. Some of us charge a very affordable flat Fee.

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1 Answer | Asked in Immigration Law and Civil Rights for Wisconsin on
Q: I’m from the uk my fiancé is an ex felon can I move t the USA

I’m from the uk and looking to marry my fiancé however as he is an ex felon he is not aloud to emigrate to the uk am I able to apply to move to the USA once were married or will it be rejected due to him being an ex felon

Gary Kollin
Gary Kollin answered on Oct 31, 2019

Hos status has nothing to do with whether you can move.

By the way it is "allowed."

2 Answers | Asked in Immigration Law for Wisconsin on
Q: I-130 for my Mother

I am a US Citizen. I filed -130 for my mother who is in the US currently under a B2 Tourist visa. Does she have to leave the US if I don't hear back from USCIS by the time her stay in the US expires (she has a 10 year-visa but can only stay 6 months at a time)?

Stephen Arnold Black
Stephen Arnold Black answered on Sep 28, 2019

Does she wish to reside her permanently? Are you over 21? What was her intent upon entering the USA on her last arrival? More facts are needed to know. Discuss with counsel. Some of us give free consults and counsel anywhere in the US can represent your mom.

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1 Answer | Asked in Immigration Law and Elder Law for Wisconsin on
Q: I live in Belgium and after a few months I will file my file to obtain Belgian nationality. I would like to live in USA

thanks

Denise Anderson
Denise Anderson answered on Jun 25, 2019

There are different immigration options through which an individual can apply to live in the United States. From the information you provided, It cannot be determined if any of the options would be applicable to you.

I would suggest speaking with an immigration attorney, explain the...
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1 Answer | Asked in Immigration Law and International Law for Wisconsin on
Q: I have a domestic abuse RO against me in WI, will this effect international travel or visa applications?

Can i travel out of country or get a foreign visa/permenant residency?

Hector E. Quiroga
Hector E. Quiroga answered on Jun 19, 2019

A restraining order of any kind is not a conviction for a crime. If there is an underlying criminal conviction, that could be an issue. You should speak with an immigration attorney who has experience dealing with the impact of the violation of Wisconsin statutes on immigration status.

3 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I file I-485 and I-130 for my mother separately, or do they need to be completed at the same time?

My mother is in the US as a tourist (B2). I would like to adjust her status and apply for a green card for her. I am a US Citizen. Can I file for Adjustment of Status (I-485) first, then once approved, complete the (I-130)? Or do both forms need to be filed at the same time?

Kevin L Dixler
Kevin L Dixler answered on Jun 16, 2019

No, you must file the I-130, first. Note that there may be reasons to disqualify her from adjustment of status. She cannot work until she has work authorization.

I strongly recommend an appointment with a competent and experienced immigration attorney before filing, so there are not any...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: After a 6 month extension and staying total of 1 yr in us on tourist visa. How can I stay longer ( from Israel)

Person I’m asking for lives in Florida He met a girl dating 2 months falling in love with

Sheri A Benchetrit
Sheri A Benchetrit answered on May 9, 2019

He can ask for another extension but it is likely to be denied as immigration will probably see it as his attempt to live and work in the U.S. (immigrant intent).

1 Answer | Asked in Immigration Law for Wisconsin on
Q: If a b1 visa holder is getting married to a US citizen ,applying for further visa process will the citizen's credit

If a b1 visa holder is getting married to a US citizen and applying for further visa process will the citizen's credit sore and income be considered. He has his tax filed for 30K last year. I guess that is will meet the poverty guide line or will that impact the visa process

Sheri A Benchetrit
Sheri A Benchetrit answered on May 6, 2019

Typically the US citizen's credit score is not considered in terms of whether they are eligible to sponsor their spouse. What is considered is their income during the last tax year (with a W-2 or 1099 to prove it), their current employment and income which can be documented by a letter from... Read more »

2 Answers | Asked in Immigration Law for Wisconsin on
Q: If my wife is granted a spouse visa, is there a particular window of time in which she has to move to the US?
Deron Edward Smallcomb
Deron Edward Smallcomb answered on Apr 8, 2019

Generally, the visa must be used within 6 months.

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1 Answer | Asked in Criminal Law, Family Law and Immigration Law for Wisconsin on
Q: I have a class a misdemeanor (948.09) does this affect me petition for my fiancé I-130 does this fall into Adams walch

Adams walch act? I am not registered . I did 60 days time , 1 year probation

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 13, 2019

It's quite possible it will. You should consult an experienced immigration attorney for assistance with this matter.

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