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Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Georgia on
Q: What requirements can I provide to apply for N-600 without my parent's certificate?

Hi, I am 25 years old. I am a daughter of a US citizen mother through naturalization. I was born outside the United States. My mother brought me here when I was 15 years old and got my green card. Now that I am 25 years old, married to a military member, and have a 2-year-old son, I live far away... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 9, 2024

You will likely need the information from her certificate. Can she photocopy it for you? If not, then you can have trouble proving that you are a derivative citizen. Once she is gone, if the certificate is lost, you have little to no proof that you derived citizenship. Also, you may remain... View More

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2 Answers | Asked in Immigration Law for California on
Q: Can a legal temporary resident apply to change their name and last name in California?

I’m an italian citizen who’s also a legal temporary resident in California.

Can i apply to change my name and last name just as a permanent resident would?

Does the state of California only allow permanent residents to change their name?

What does the California... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Oct 7, 2024

Yes, as temporary resident, so long as you meet the residency requirements in California and the county that you are residing in, you are able to file for a legal name change.

There is absolutely no relevance of your immigration status in the United States in order to change your name...
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2 Answers | Asked in Immigration Law on
Q: How do we go about applying for a spousal visa for a Mexican citizen to enter the United States?

My fiancé and I are currently in QC, Canada. We are both working for an international resort company and are here on a work visa. He is a Mexican citizen and I am an American citizen. We plan on marrying in Quebec to have a legally recognized marriage in the US since he is unable to enter the... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 6, 2024

If he has ties to Canada like being a full time student or having a job there, the US State Department, at its discretion, will allow him to process at the US Consulate in Quebec instead of Mexico. If you marry him before his child turns 18, then you can sponsor his child for a green card as your... View More

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2 Answers | Asked in Immigration Law for Kansas on
Q: I have an employee who had a pled guilty to a charge of Making false information in 2006 and is married to a US citizen

The charge was filed in the state of Kansas by HUD. I've found that I can petition to have that expunged. If the expungement is granted, will he have an issue applying for citizenship because of that felony? He has been married for 10+ years and has a 16 year old daughter with legal... View More

Yanky Perelmuter
Yanky Perelmuter
answered on Sep 27, 2024

Expungements generally do not impact immigration processes and procedures. While it might be a good idea to go through the expungement process for many reasons, an applicant for immigration benefits is required to disclose all criminal matters to DHS and USCIS. It will take a deep analysis of the... View More

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2 Answers | Asked in Immigration Law for Minnesota on
Q: I have a pending asylum case and a pending TPS case. Can I till apply for H1-B or EB - 2 NIW .
John Akwuba
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answered on Sep 25, 2024

Yes, it is possible to apply for an H-1B visa or an EB-2 National Interest Waiver (NIW) while having a pending asylum case or Temporary Protected Status (TPS). However, there are important considerations to bear in mind:

1. H-1B Visa:

• Maintaining Status: In order to apply for an...
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2 Answers | Asked in Immigration Law for Arkansas on
Q: I’m currently living in Arkansas under a K1 visa. When would I be able to obtain a permanent driving licence?

Would I have to wait Until I file my AOS paperwork and receive my work permit / SSN?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 26, 2024

It depends on the state. You should contact the DMV in Arkansas to determine what documents an immigrant adjusting status based on marriage is required to provide in order to get a drivers license. Some states just require a 485 receipt, but others require a 766 work permit. Additionally, you... View More

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2 Answers | Asked in Domestic Violence, Family Law and Immigration Law for Arizona on
Q: So how can I get my husband out of ice custody for removal he was deported once on domestic charge and then came back in

The us married a us citizen but then gets a warrant for not going to court to now he’s got a removal date what can I do

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 5, 2024

Your spouse faces an uphill removal proceedings battle:

1. He was deemed removable prior based on his criminal conviction of domestic battery

2. He re entered the United States which constituted another criminal infraction based on his procedural history,

3. While in the...
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3 Answers | Asked in Immigration Law for Colorado on
Q: Im married with a US Citizen what i need to fix my legal status?

I tried to have the TPS by myself not from my wife, but they denied the TPS form i just do, so now I'm trying to find an option to fix my legal status but I Don't know how to do it, because i don't have a job and my wife is the only one working right now, I'm just waiting for... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 3, 2024

You may adjust to a lawful status of a U.S. Permanent Resident by preparing and filing a one stop concurrent filing of all necessary documents with bona fides. The best route is to select and consult with an experienced immigration counsel directly to receive information and make an informed... View More

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3 Answers | Asked in Immigration Law, Civil Rights and Constitutional Law for New York on
Q: What are the different statuses one can have other than citizen, and national?

So my friend is saying that do not fall into the category of citizen or national as they are not a citizen of the United States but are solely a national owing no allegiance to the United States (they call themselves an American State National). I told them that fine but in that case you would... View More

Cesar Mejia Duenas
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answered on Sep 2, 2024

No, your friend is incorrect. Under U.S. law, the two primary statuses are citizen and non-citizen national (8 U.S.C. § 1408). American citizenship can be acquired by birth or via naturalization. Non-citizen nationals (Samoa and Swain), still owe allegiance to the U.S.

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2 Answers | Asked in Family Law, Immigration Law and Juvenile Law on
Q: I wanted to know if i can apply for SIJS

Is it possible to apply for SIJS and be accepted if I am under 21 years old, was abandoned by a parent from a very early age and have only received help from my mother and can physically be in the United States with a tourist visa? (with the help of a lawyer and 10k $)

Cesar Mejia Duenas
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answered on Sep 3, 2024

Yes, you may be eligible to apply for Special Immigrant Juvenile Status (SIJS) in California if you meet certain criteria. Under California law, SIJS is available to individuals under 21 years old who have been declared dependent by a juvenile court, or placed under the custody of an individual or... View More

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2 Answers | Asked in Immigration Law for New York on
Q: Hi good night every day I check my asylum clock and a day add on this morning I check it and the clock remains the same

Do you think my asylum clock as stop

Symantha Rhodes
Symantha Rhodes
answered on Aug 27, 2024

I cannot determine if your asylum clock has stopped based solely on the information you've provided. The status of your asylum clock depends on various factors. Missing an interview or court hearing can cause the clock to stop. Contact your immigration attorney to review your case in detail... View More

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2 Answers | Asked in Immigration Law for California on
Q: My N400 interview was descheduled 7 minutes after being scheduled

I was scheduled for a N400 naturalization interview at the San Jose field office on October 1, 2024, and then suddenly after 7 minutes if it getting scheduled, I get another notification saying that it was descheduled. The notice says that it was descheduled due to unforeseen reasons, and they will... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Sep 3, 2024

This is nothing of major concern. Unfortunately, USCIS does sometimes cancel and reschedule interviews due to a number of reasons related to their availability, etc. and nothing that has to do with the actual applicant. I would recommend that you stay on top of it and follow-up constantly if you do... View More

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3 Answers | Asked in Immigration Law for California on
Q: What should I do since I haven't received my I-589 receipt notice after submitting it online?

I entered the United States with a valid visa and then submitted my I-589 asylum application online to USCIS. It's been a day, and I still haven't received the I-589 receipt notice. Is this normal? Another friend of mine applied on the same day and received the electronic receipt... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Sep 3, 2024

This is noting to worry about. USCIS generally has 30 days from the date you have filed an application to issue a receipt notice and therefore sometimes it does take a bit longer. So long as you see that activity is taking place on your case (next step is your interview), you should be okay. If you... View More

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2 Answers | Asked in Immigration Law on
Q: Regarding long-term leave on H1B when outside the country and requirements of H1B transfer.

I’ve been on an H1B visa since October 2023. I traveled to my home country in March 2024 for my wedding and had my visa stamped in April. Then I planned to return right after my wedding in the second week of June. Unfortunately, a medical emergency required me to extend my leave, which my... View More

Symantha Rhodes
Symantha Rhodes
answered on Aug 27, 2024

Generally, there's no specific time limit for staying outside the U.S. on unpaid leave while on an H1B visa. However, returning to the U.S. as soon as possible is generally advisable. Limited payrolls might raise concerns during an H1B transfer. There are some steps you can take to facilitate... View More

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2 Answers | Asked in Immigration Law for Minnesota on
Q: I need to find out the total timeline for my fiancé from Peru, to get her K1 visa

I live in the United States and I am a college student. I want to bring her her so we can get married. I am trying to find the fastest way to get her a visitors permit or visa

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 28, 2024

The first step is you file the I 129F, and then, once that is approved at the California service Center, the file is sent to the national visa center (NVC) in New Hampshire for additional processing. When they are finished, they will send the file over to the US consulate in Lima Peru for final... View More

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2 Answers | Asked in Immigration Law for New York on
Q: What would be an appropriate amount of salary decrement for an O-1 visa holder?

We are a small Inc. company incorporated in Delaware and are now considering reducing the salary of two founders. Both are O-1 visa holders and each earns around $9k/month. Specifically, we want to know:

- What happens if we reduce the salary and how much decrement is recommended?

-... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

Reducing the salary of O-1 visa holders can impact their visa status since the O-1 visa requires maintaining employment terms consistent with what was presented to USCIS. While no specific percentage is set for salary reductions, any significant decrease might trigger the need to notify USCIS and... View More

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2 Answers | Asked in Immigration Law on
Q: my esta was revoked due to overstaying half a day because of long waiting at the airport I need a visa
Kevin L Dixler
Kevin L Dixler
answered on Sep 15, 2024

I agree to some extent. Yet, there is the possibility that you unknowingly engaged in activities that could disqualify you from a visitor visa. One activity is living and working without authorization. Also, it is possible that you may now have immigrant intent for the purposes of a future visit.... View More

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2 Answers | Asked in Immigration Law and Gov & Administrative Law on
Q: Me pueden dar información del caso 23-4404 es de una sobrina mía
Caridad Pastor
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Caridad Pastor
answered on Sep 13, 2024

Gracias por escribirnos. En primero su sobrina es la que debe contactarnos para información ya que el caso es de ella y los abogados tenemos reglas de privacidad y confidencialidad. Aparte el número de el caso no es suficiente. Hay que saber en qué corte está el caso. Si ella tiene abogado... View More

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2 Answers | Asked in Immigration Law on
Q: I am on NVC stage and looking for an assistance in I864 from sponsor and Joint sponsor. MY wife is from south Carolina.

I am curious about the consultation charges.

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 12, 2024

Consider working with an immigration attorney. Some of us charge a very affordable flat fee to handle the case even if it’s pending. The G-28 is a Notice of appearance of Attorney form that is filed so both the attorney and the client receive the same notices throughout the lifespan of the case.

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2 Answers | Asked in Immigration Law for California on
Q: I-864 Form Question: Keep Dates the same as when the original was submitted or change to update information to current?

My I-864 form was submitted last year; however, it didn't include Use of Assets to Supplement Income as I was told my petitioner I-864 form qualifying assets section was deemed (optional) since I have a joint sponsor whose income alone qualifies without the need to include, in our case,... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Sep 4, 2024

So a number of questions come up in this situation. Is this for an adjustment of status case or for a consular processing situation. If this is a consular processing situation, an opportunity to update the I-864 will occur regardless as there is a requirement to update that form before any... View More

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