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Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Ohio on
Q: Can I file I-485 when my spouse is traveling outside US?

Hi,

Me and my spouse have valid medical tests and the appropriate 485 paperwork done in the USA. Can I file I-485 with my spouse being outside USA?

Adan Vega
Adan Vega answered on Sep 24, 2020

Your spouse must be physically present in the U.S. if she/he wishes to file the FORM I-485 with USCIS. Moreover, your spouse must be eligible to adjust status with USCIS prior to filing the FORM I-485.

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Green card Application - Issue with Last Name in Birth certificate.

I am preparing to apply for Family based Green card through my spose being a US citizen.

I have my birth certificate from India. It does not have my last name/Initial. My last name is same as my Fathers name. My Father's name is on the Birth certificate.

Is not having the last... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2020

It shouldn’t be. You can submit a copy of your passport as confirmation.

1 Answer | Asked in Immigration Law for Indiana on
Q: I-944 Household member

Me and my partner have a joint sponsor who is my partners mother, when we filed our application we all lived together. We recently moved and my partner is going to school, now that the I-944 is back should we add our joint sponsor as our household member? even though they don't live with us... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2020

The only reason why you would add her back is if your partner provides at least 50% of their mother’s financial support, or visa versa.

2 Answers | Asked in Divorce and Immigration Law for Louisiana on
Q: My spouse dumped me right after receiving their green card. What legal options do I have?

About a year ago, I started to become suspicious that I was being used for a green card. I thought my suspicions were ridiculous, and so I ignored them. Then, a day after receiving the green card, my spouse dumped me. What should I do?

Edit: My spouse just received the green card with the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 24, 2020

Divorce your spouse and call immigration.

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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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1 Answer | Asked in Immigration Law for Georgia on
Q: Immigration

I filed an i130 for my husband who has DACA and is currently in the US and has been since he was 5. He applied for DACA as soon as he turned 18. Our i130 was approved and we submitted our visa application but we have ran into the issue of how to fill out the i864 (affidavit of support) because I am... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 22, 2020

You are the primary sponsor and your husband a household member.

You are also going to need a provisional waiver if your husband entered the USA without inspection.

1 Answer | Asked in Immigration Law for California on
Q: How do I help my usa born cousin enter usa with just birth certificate and ssn

My course was born in CA but she was taken to Mexico at a very young age and her name was changed in mexico all her records and school records are in a different name but she has her us social security and birth certificate but she has not reentered the county because she is scared they won't... Read more »

Adan Vega
Adan Vega answered on Sep 21, 2020

Your cousin should apply for a U.S. passport with the U>>S consulate while abroad and prior to attempting to enter the U.S.

The birth certificate and the social security card will be helpful in the request for the U.S. passport.

Good luck to you and your cousin.

1 Answer | Asked in Immigration Law for Florida on
Q: Does a lawyer need to assist me with the I-130 after I file and complete it on my own?

I am re-filing for a parent. My lawyer said in order to re-file, I would need to start with an I-130, request a FOIA (EOIR) and resubmit an I-212. I just wanted to know if I can do the I-130 on my own that way it is less costly on my end.

Adan Vega
Adan Vega answered on Sep 21, 2020

In your case, you should consult with an experienced immigration attorney who can thoroughly outline all of your options for immigration benefits and what you can file with USCIS at this time.

The attorney can discuss with you whether the FORM I-212 is required.

The FOIA is always...
Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Form G-28

hi i have a question for you.

I have pro bono lawyer who is representing me filing form i-130, unfortunately, my lawyer did not ask me to sign the form g-28 and he already filed the form i-130. What happens in that situation? Will my application be processed or get rejected? please advise... Read more »

Adan Vega
Adan Vega answered on Sep 21, 2020

A filing with an unsigned FORM G-28 can be processed by USCIS as a pro se filing and the receipt will be sent directly to you. In the alternative, USCIS can deem the unsigned FORM G-28 as incomplete and return the entire package to you or your attorney.

1 Answer | Asked in Immigration Law for Florida on
Q: Immigration: Hi I received a new employment authorization card. My "cathegory" was changed from C09P

Is it a good sign? Does anyone knows what next if so? Thank you

Adan Vega
Adan Vega answered on Sep 21, 2020

The EAD with the CO9P classification indicates that you filed for adjustment of status and you have received employment authorization and an advance parole document.

The EAD with the new classification indicates employment authorization based under a different category. You can view the...
Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: Hi I received a new employment authorization card. My "cathegory" was changed from C09P to C31

Is it a good sign? Does anyone knows what next if so? Thank you

Adan Vega
Adan Vega answered on Sep 21, 2020

The EAD with the CO9P classification indicates that you filed for adjustment of status and you have received employment authorization and an advance parole document.

The EAD with the C31 classification indicates employment authorization based on a VAWA petition.

You seem to have...
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2 Answers | Asked in Immigration Law for Florida on
Q: Can nonimmigrant (student visa) change their name after getting marriage to Us citizen ( but before apply green card

No

Mario Musil
Mario Musil answered on Sep 21, 2020

Generally, to change your name, you have to change your ID documents. If you do not apply for a permanent resident card, then to change your name you would change it on your passport (or other ID document) with the country that issued it.

If you apply for your green card, you can change...
Read more »

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1 Answer | Asked in Criminal Law and Immigration Law for Michigan on
Q: Biometrics Appointment

When you go for your biometrics for a permanent resident card renewal do they ask if you have ever been convicted of a felony or misdemeanor or do you fill out a form that asks if you have been convicted of one of those offenses?

Or is the biometrics appointment just for fingerprints, photo... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 21, 2020

No. However the information is likely to show up on the background check.

2 Answers | Asked in Immigration Law for Michigan on
Q: I had my green card before I married my citizen wife. Our marriage was a traditional marriage,

But we never made a marriage certificate until last year plus We have 2 children. So can I file my citizenship application based on marriage? Thanks.

Adan Vega
Adan Vega answered on Sep 20, 2020

You can file for naturalization after you have been lawfully married to a U.S. citizen for at least 2 years and 9 months and you have held the resident status for that same period of time or more.

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1 Answer | Asked in Immigration Law for Nebraska on
Q: I-130 for a sibling

I am a US citizen, my sister and her kids (18 and 14) just came in the US on b1/b2 visa, is it possible for me to file I-130 for them while they are still here?

Adan Vega
Adan Vega answered on Sep 20, 2020

You can file the FORM I-130 on behalf of your sibling. However, keep in mind that a immigrant visa will not be available for a period of several years and your sibling can remain lawfully in the U.S. for 6 months with the B-1/B-2 non-immigrant status.

You should consult with an...
Read more »

2 Answers | Asked in Immigration Law for Minnesota on
Q: How do I help my usa born cousin enter usa with just birth certificate and hospital records.

My course was born in CA but she was taken to Mexico at a very young age and her name was changed in mexico all her records and school records are in a different name but she has her us social security and birth certificate but she has not reentered the county because she is scared they won't... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 20, 2020

She needs to get a US Passport.

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1 Answer | Asked in Immigration Law for Texas on
Q: Can we move to USA in October/2021 with no in and outs in 12 month period?

We -as a family of four- received our greencards last year. When we entered to USA in October/2019, entry-port policeman told us to move to USA within 12 months.

We can't move right now due to pandemic but We will come in USA in October/2020 for just 14 days. Then we will exit USA.... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

I suggest you obtain re entry permits. USCIS.gov/I-131. Read the instructions carefully and also read your responsibilities for maintaing your LPR status at USCIS.gov.

1 Answer | Asked in Immigration Law for New York on
Q: Hello! in what form and where should I send a statement about a witness who is ready to testify in court.

Deportation case (immigration case)

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

Prior to the individual hearing you or your attorney is required to file a pre hearing statement where in you list your witnesses.

2 Answers | Asked in Immigration Law for Idaho on
Q: I didnt file tax return. I didnt make enough. I am trying to help my husband... will he not be able to get his green

I have everything for affidavit... just tax return I don't have. He is finishing school this year... I don't want him angry

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

You will need to provide an affidavit stating under penalty of perjury that you did not file a return because you did not have the income necessary to require you file. If you were employed you will need to provide any w-2's 1099's.... to indicate the amount that you made.

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