Immigration Law Questions & Answers

Q: Parents became citizens in the 90's I was under 18 and a resident did I automatically become a citizen? I am 37 now

1 Answer | Asked in Immigration Law for California on
Answered on Apr 8, 2019
Kyndra Mulder's answer
Based on the information that you have provided; you were an LPR and your parents became USC's before you were 18 years of age. You automatically became a USC. You need to file the N-600 and receive your certificate of Naturalization.

Q: Will I lose my green card and can I naturalize in 5 years?

2 Answers | Asked in Immigration Law for California on
Answered on Apr 5, 2019
Hector E. Quiroga's answer
It is highly unlikely that this will cause you to lose your green card. You can naturalize 5 years after you got your residency

Q: Am a green card holder from my dad,am 23& it’s been a year here,do I have Possibility to apply for citizen ?!

1 Answer | Asked in Immigration Law for Texas on
Answered on Apr 5, 2019
Deron Edward Smallcomb's answer
You will need to be a green card holder for five years before you can file for citizenship.

Q: Married in two different countries with the same person counts as bigamy?

1 Answer | Asked in Criminal Law, Divorce, Family Law and Immigration Law on
Answered on Apr 5, 2019
Deron Edward Smallcomb's answer
You are seemingly divorced on a marriage that you lied about to the US Government. This is a complex issue and could negatively impact your life on several levels if not addressed properly. You need to speak with an experienced immigration attorney.

Q: My mom attained citizenship when I was 17 years of age ( 1999). I am now 37- Do I need to apply to become a citizen?

1 Answer | Asked in Immigration Law for New York on
Answered on Apr 5, 2019
Deron Edward Smallcomb's answer
Yes, this does potentially affect your citizenship rights, in a positive way. You should consult with an experienced immigration attorney to ensure your application is done properly so you don't waste time or money doing the wrong petition or filing it incorrectly.

Q: Can I bring a friend's birth certificate into the US? I'm just visiting and they asked me to bring it for them

1 Answer | Asked in Immigration Law for California on
Answered on Apr 5, 2019
Deron Edward Smallcomb's answer
I'd bring a written request from your friend stating that he wants you to bring the birth certificate. I'm not aware of any laws that prevent you from bringing this type of document to the USA.

Q: LPR. Away from USA for 360 out of 365 days due to a documented unforeseen serious illness. Will I have issues returning?

1 Answer | Asked in Immigration Law on
Answered on Apr 5, 2019
Deron Edward Smallcomb's answer
Probably not, but it will be at the discretion of the officer at the border. You will want to bring documentation regarding this illness so you can prove it was unforeseen. You should consider consulting with an immigration attorney for additional advice.

Q: What Visa to check on businesses every 3 months in the United States?

1 Answer | Asked in Immigration Law for California on
Answered on Apr 5, 2019
Deron Edward Smallcomb's answer
To answer this question, you should consult with an experienced immigration attorney to examine the nature of the businesses and your involvement in each. When it comes to business based visas, there are no easy answers.

Q: I was deported for a criminal offense for 10 years. It has been 6 years now. When can I start the paperwork process.

1 Answer | Asked in Immigration Law for California on
Answered on Apr 5, 2019
Deron Edward Smallcomb's answer
This situations are very complex and a simple answer cannot be given without more details as to why you were deported. You should contact an experienced immigration attorney for legal advice.

Q: Does she qualify to apply for citizenship ?

2 Answers | Asked in Immigration Law for Rhode Island on
Answered on Apr 5, 2019
Deron Edward Smallcomb's answer
You will still have to wait for 5 years as her Green Card was not obtained as a result of marrying a US Citizen.

Q: I submitted my citizenship application and already did my biometrics, I was wondering if I can travel out of the US?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Apr 5, 2019
Deron Edward Smallcomb's answer
If you are filing for citizenship, you still likely have a valid green card or a green card extension. As such, you should be allowed back into the country.

Q: Im ex military and former immigration gsa guard. My question is there any b2 visa approval cases in which a u.s. freind

1 Answer | Asked in Immigration Law for Michigan on
Answered on Apr 5, 2019
Deron Edward Smallcomb's answer
Each case is evaluated individually by a consular officer. Your previous military experience isn't likely to affect the determination as to whether or not the foreigner has immigration based intent, the key consideration when applying for a visitor visa.

Q: Would K3 visa expedite my foreign spouse's entry into the United States?

1 Answer | Asked in Immigration Law for Texas on
Answered on Apr 5, 2019
Deron Edward Smallcomb's answer
For all intents and purposes, the K3 visa only exists now on paper. This change went into effect a handful of years ago and it all but nullified the K3 application by terminating the petition once the CR1 marriage visa was approved. As the CR1 is filed before the K3, it is almost always the case. Further, the K3 is vastly inferior to the CR1. You should contact a qualified immigration attorney for assistance.

Q: What is the wait time difference between a fiance vs spouse visa application?

1 Answer | Asked in Immigration Law for Texas on
Answered on Apr 5, 2019
Deron Edward Smallcomb's answer
In our experience over thousands of applications, the wait time difference is about 3 months longer for a marriage visa. That said, there really isn't a choice in the matter, you are either married or not. If you're not already married, but have met in person, you would also need to add the time it will take to actually get married. This is a frequently asked question and only a qualified immigration attorney can give you specific legal advise on what is best for you. Good luck!

Q: Would a reception or church ceremony in my fiance's country invalidate the K1 visa application?

1 Answer | Asked in Immigration Law for Texas on
Answered on Apr 5, 2019
Deron Edward Smallcomb's answer
If you don't officially marry, then it wouldn't be a marriage and therefore not invalidate the K1. That said, in some countries an unofficial ceremony is still recognized as a marriage. You should contact an immigration attorney to discuss.

Q: What is the background to Deferred Action for Childhood Arrivals (DACA)?

1 Answer | Asked in Immigration Law for Oklahoma on
Answered on Apr 3, 2019
Suraj Vyas' answer
A pro for DACA is that it is good for the economy. A con for DACA is that it encourages illegal immigration. In 2014, the Administrative Procedures Act was used to try to show DACA as being unconstitutional. Last year, DACA was ruled as unconstitutional, but DACA has remained in place while legal proceedings (like appeals) continue. DACA has not been fully revoked as of this time.

Q: Immigration Case

1 Answer | Asked in Immigration Law for Maryland on
Answered on Apr 3, 2019
Suraj Vyas' answer
These things take time (especially with the recent government shutdown leading to delays). Contact your lawyer again. He has a duty to keep you abreast of any developments. No other lawyer will be able to speak with you about your case since you have already retained an attorney. However, your lawyer may be waiting to hear something back before contacting you. I see this question is 3 weeks old so I trust he has reached out to you to at least check in by now. If he hasn't responded and you have...

Q: To file a motion of ineffective counsel to a lawyer barred in NH do we need a lawyer barred in NH as well to file

1 Answer | Asked in Immigration Law for New York on
Answered on Apr 2, 2019
Leonard R. Boyer's answer
The purpose of filing a motion in Immigration Court, citing "ineffective assistance of counsel" is done as part of a basis for seeking relief from the effects of the prior attorney. Immigration is truly federal law, so an attorney in any of the 50 states can handle your case. I am not offering an opinion on whether your prior counsel was ineffective or not (I don't know, nor does anyone else here). But for an Immigration Judge to accept that argument, there must be a causal relationship shown...

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