Lawyers, Answer Questions  & Get Points Log In
Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Washington on
Q: Can a person with only travel documents from Europe get fiancee visa to USA
Adan Vega
Adan Vega answered on Feb 13, 2020

If you are a citizen from certain European countries you may be able to register for the Visa Waiver Program through the ESTA process. If approved you can visit the U.S. without a visa.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can two completely unrelated employers file for my H1B for year 2021?

I have received job offer from a company which is ready to sponsor and apply for my visa even before I join. While my current employer is also planning on filing for me. Both are unrelated organizations. Will this cause any problem during or after the lottery process this year?

Adan Vega
Adan Vega answered on Feb 13, 2020

In the past two different employers were able to file the FORMI-129H on behalf of the same beneficiary. However, the filing procedures are not entirely set for the FY 2021 filings. USCIS will release instructions regarding the employer registration process in a few weeks.

Good luck to you.

1 Answer | Asked in Immigration Law for California on
Q: Hello everyone I got married last year, and my wife would like to sponsor me for residential status,I have DACA.

I'm going to have my first consultation with a lawyer and I was wonder what it is that I need to ask, or take to them to get started, I would like to apply before the 24th of February. Thanks in advance!

Adan Vega
Adan Vega answered on Feb 13, 2020

If your spouse is a U.S. citizen or resident you will need proof of that fact.

Additionally, you will need proof of marriage and passport photos of you and your spouse. You also will need proof of your good faith marriage.

If you have entered the U.S. lawfully with a parole...
Read more »

2 Answers | Asked in Immigration Law for Georgia on
Q: What is the estimated processing time for a spouse visa compared to a fiancé visa at this time?

My partner and I want to be together in the United States where I live but we don’t know what’s the best choice for us. To get married in Mexico and apply for the spouse visa or wait and do the fiancé visa.

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 13, 2020

As a general rule, a spousal visa takes about 2-3 months longer than a fiance visa. Feel free to contact us if you'd like more information to make the best choice for you and your fiance.

View More Answers

1 Answer | Asked in Criminal Law and Immigration Law on
Q: After misterminer of traspasing charge what time i need to wait to make the aplication of naturalización or citicen

I was acuse to violen doméstic but my wife drope the charges i play guilt of traspasing at her home how bad its that for my aplicación to citycen?

Adan Vega
Adan Vega answered on Feb 12, 2020

If the charges and conviction reflect on your good moral character then you will have to wait 5 years to file the FORM N-400.

2 Answers | Asked in Divorce, Family Law and Immigration Law for California on
Q: Will I need to notify my daughter's father that I am trying to get her resident visa in another country?

I have full legal and physical custody through our divorce decree which has remained unchanged in nearly 5 years. He was a drug user and had a stipulation in place for supervised visitation, that he would have to complete at least 90 days of inpatient treatment. He never complied and hasn't seen... Read more »

Adan Vega
Adan Vega answered on Feb 12, 2020

You will need to contact a family law attorney to analyze the possibility of complications in your quest for status in a foreign country for your child.

View More Answers

1 Answer | Asked in Immigration Law for Arizona on
Q: Can my boyfriend and i get married now? She is american us citizen, and I'm only a green card holder for more than 3yrs

Would that affect any of my papers on process in the immigration?

Adan Vega
Adan Vega answered on Feb 12, 2020

A marriage between a U.S. citizen and a resident does not impact a process such as the FORM N-400 that you may have pending with USCIS.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I`m on F2 visa and I need a social security number? , how can I change my visa?

I`m an Egyptian pharmacist, came to Pittsburgh on an F2 visa because my husband is a Ph.D. student. I took the foreign pharmacy graduate exam and got the FPGEC certificate, but to complete the steps to get my license as a pharmacist here in the USA I need a social security number. How can I do... Read more »

Adan Vega
Adan Vega answered on Feb 12, 2020

You will need to apply for a status such as the H-1B that allows you to be lawfully employed in the U.S. You can then apply for the SS#.

1 Answer | Asked in Immigration Law for Minnesota on
Q: hi good day? Am clinton and nam from cameroon. am an arriving alien who was registered at ARIZONA

hi good day?

Am clinton and nam from cameroon. am an arriving alien who was registered at ARIZONA. presently i've ben granted parole having an i-94 form with no employment authorization and recently i filled already for my asylum case here in minnesota and also have a stamped copy of the... Read more »

Adan Vega
Adan Vega answered on Feb 12, 2020

You can. Intact a qualified immigration attorney or a community organization that is familiar with the asylum process and who can provide you with guidance as to the time to file FORM I-765 to request the EAD. Good luck to you.

1 Answer | Asked in Immigration Law for Louisiana on
Q: Will it help my boyfriend’s visa application if he were to adopt my daughter in process as well?

My boyfriend is an citizen of and living in Venezuela. We are about to start US visa process for him to come here.

Adan Vega
Adan Vega answered on Feb 12, 2020

If you are not married to your boyfriend and you are a U.S. citizen then you can file the FORM I-129F with USCIS to commence the process for K-1 visa.

An adoption of your child may have a minimal consequence with the K-1 visa process.

1 Answer | Asked in Immigration Law for New York on
Q: If someone is married and got their 2 year Visa which expires 8/24/2022 but got divorced before his Visa expires how so
Adan Vega
Adan Vega answered on Feb 12, 2020

If you are referring to a non-immigrant visa then the divorce nullifies the visa if such visa is dependent on a visa issued to a principal applicant.

If you are referring to a conditional resident status then the FORM I-751 can be filed after the divorce decree is issued.

1 Answer | Asked in Immigration Law and Tax Law for Georgia on
Q: I applied for citizenship based on 3 years. I received rfe for tax transcripts for me and my partner.

Unfortunately my partner has not been filing his tax, we file married but separate. My partner cannot even find his 2018/2017 w-2s for us to file now and make payment. He only just got his 2019 w-2, so that is all I have. But he has also giving me a hard time to locate his w-2s for the rfe. I have... Read more »

Adan Vega
Adan Vega answered on Feb 12, 2020

You will need to respond to the RFE and show that you have complied with your obligation of filing a federal tax return during the time that you have been a U.S. resident. If you were employed in the U.S. prior to receiving your resident status , you also must file federal tax returns for those... Read more »

3 Answers | Asked in Immigration Law for California on
Q: When to apply for Permanent residency for parent?

My father,84, will be visiting USA from India on July on B-2 visa that he already has. To apply for his PR, should I apply I-130 now (while he is in India) or file I-130 along with I-485 together when he is here in July? In the latter case, can he continue to stay in US beyond 6 months since his... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

Once your father has arrived, the law permits him to file the green card application at the same time as you file the visa petition. That is also the quicker way to go. Once the application is filed, it is assumed (in fact, required) that he stay in the US until it is approved.

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: Withdrawing N400 with fee waiver

I am going through financial difficulties, but always tried to find my way out. I submitted a N400 application with the fee waiver form I912. However, after I had sent off the form, my sister sent me the money to pay the application fee. I called the post office to stop the mail from being... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

Wait until a decision is made on the application/fee waiver. If it is approved, you can give the money back to your sister. If not, you can refile with the fee.

View More Answers

1 Answer | Asked in Immigration Law for Hawaii on
Q: Recommend a US sponsor letter for my friend in Venezuela with a B2 visa to have their I94 approved for 6 months?

Concern that she won’t be approved to stay given the nature of Venezuela at the moment

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

It wouldn’t hurt; however, the burden is on your friend to show that they will return to Venezuela and the end of their visit.

1 Answer | Asked in Immigration Law for California on
Q: Should I File n-336 or new n-400 application?

My moms n-400 is denied on the grounds of not meeting continuous residence criteria.

The thing is she had re-entry permit so that’s why she was outside the USA for a year or so.Per uscis She should have been outside USA for no more than 906 days but she was for 913 days, do u think we... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

If your mother did not meet the requirements at time of filing, then it would be a waste of money to send the N-336. Better to refile the N400.

1 Answer | Asked in Family Law and Immigration Law for California on
Q: I’m a legal H1B worker in California. Can I legally be the witness to my friend’s (a US citizen) marriage?

Both my friend and his fiancé are US citizens. I’ll be required to sign that I have witnessed the wedding in order for my friend to obtain a license for his marriage in California.

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

That is probably a question for the state of California. In general, however, if there is no written requirement that the witness be a USC or LPR, then anyone can do it.

1 Answer | Asked in Child Custody and Immigration Law for North Dakota on
Q: What are the rights of a foreign mom to take her child with her in case of deportation, if american husband disagrees?

My sister is doing a medicine recidency and her program might be cut off. In case that happens she will be deported to Peru. Her husband would start the procedure for her to return to the states as his wife, but does not want the baby to leave the usa. What are my sisters´ rights, if she wants to... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

That is more of a family law question. If your sister is awarded custody, or if the baby’s father allows your sister to take the baby, then she should have no issues.

1 Answer | Asked in Immigration Law for California on
Q: Change of Venue

I'll have my immigration court in February, 2021, in Los Angeles, CA. If I move to a different state, will it be a must to change the venue or I can still have my court in CA living in a different state? Thank you.

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

You can attend your hearing in CA. You do not have to change venue.

2 Answers | Asked in Immigration Law for North Carolina on
Q: My I-485 application was denied. I’m doing a refile. Do I need to have a new medical record?
Stephen Arnold Black
Stephen Arnold Black answered on Feb 11, 2020

The medical exam record becomes stale if submitted past the deadline. A review of your file would reveal if that’s the case. Consider working with an attorney so that precious time and filing fees are not wasted again. Your application will now be subjected to the new public charge rules that... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.