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Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for Indiana on

Q: Must I update my citizenship status if I file my I-130 as a permanent resident?

I filed I-130 for my unmarried son (above 18 yrs old) with a priority date in May 2014. I'm about to become a US citizen. When I look at the Visa bulletin (July, 2019), I noticed that, the final-action date for F1(US citizen) is 08MAR12; and F2B (Permanent Resident) is 01SEP13. It seems that, my... Read more »

Hector E. Quiroga answered on Jul 9, 2019

Your son can “opt out” of the F-1 priority date, meaning he can continue processing under the F2B category.

1 Answer | Asked in Immigration Law for California on

Q: citizenship process

Hi i am a green card holder and applied for citizenship on November 2018 and went to fingerprint on december 12/2018, but since that i didn't receive any mail or test date. how long should i wait , how long usually it takes?

Hector E. Quiroga answered on Jul 9, 2019

It depends on where you live. Visit this website to see: https://egov.uscis.gov/processing-times/

1 Answer | Asked in Immigration Law for Rhode Island on

Q: initally a naturalized citizen.felony jail. To be deported now sayin not naturalized. If i marry can he stay

He was naturalized by his father and his mother was from england he has lived here for approx 30 years. Felony jail for 14 years now to be deported immediatley. If we marry can he stay or do i have to move away with him

Hector E. Quiroga answered on Jul 9, 2019

There is no guarantee of that; it depends on the felony. He needs to speak with an immigration attorney.

2 Answers | Asked in Immigration Law on

Q: I lied on my US tourist visa application, but I received a letter that I was denied because I did not show strong ties

I lied on my application for a US tourist visa 11 years ago, I was denied, but the letter they gave me said I was denieD because I did not show strong enough ties to my home country, did they not realized I lied on the form, because they did not deny me for misrepresenting?

Hector E. Quiroga answered on Jul 9, 2019

The only thing we could say with certainty is that your visa was. Simply because your visa was denied because you could not show strong ties to your country does not mean that the misrepresentation was not noted.

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2 Answers | Asked in Family Law, Immigration Law, Business Law and Medical Malpractice for Illinois on

Q: Hello, I'm a young student at college looking to transfer to law schools. In this matter, what should I be looking for?

I want to know which schools are the best and which schools are not as good as the rest, but still pretty good. Just want to know what schools to look at, and which ones not to spend my time reviewing them, so I can make the best decision possible when transferring from college. If possible to I... Read more »

James G. Ahlberg answered on Jul 9, 2019

This is way too broad an inquiry to be addressed in this forum. Talk to you college counselor; better yet, if you know an attorney, see if he or she will take time to talk about these subjects with you. Most will be willing to do so, I suspect, but the task of writing a comprehensive reply to your... Read more »

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1 Answer | Asked in Immigration Law for Maryland on

Q: Immigration

Can i file for kids as a green card holder? My Husband is a United States citizen but lose his job so therefore I am the only person working in my household .

Denise Anderson answered on Jul 8, 2019

I cannot determine from your question if you are the biological or adoptive parent for the kids, or if your are related to the kids in other ways except for a parent child relationship.

If you are the parent of the kids you can file for them. A person who has green card can file for his/...
Read more »

1 Answer | Asked in Immigration Law for California on

Q: Is it possible to obtain a US Work Visa by forming a US Corporation and hiring yourself in it as a foreigner?

I would like to know if it is possible to obtain a US Work Visa as a german citizen by incorporating a Company in the United States and hiring yourself as the CEO of that exact same company. Technically that would make you an employee of that company and therefore you should be able to get a US... Read more »

Deron Edward Smallcomb answered on Jul 8, 2019

You need special authorization to hire foreign workers in most cases. There may be other options however. You should contact an experienced immigration attorney to discuss your situation.

2 Answers | Asked in Immigration Law for California on

Q: Can I live in US based on grounds that my entire family is here after my Visa expires

Hi I am currently on h1b and my wife on h4 from India came to US from India on f1 Visa.My parents are permanent resident and I have one Brother who is US citizen through spouse. I don't have anyone back home In India. I have 3 kids all US citizens . I don't have my green card petition filed yet... Read more »

Deron Edward Smallcomb answered on Jul 8, 2019

How old are your children? Perhaps they can apply for you. But as far as just staying because your family is here, without proper documentation, that isn't allowed.

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1 Answer | Asked in Criminal Law and Immigration Law for California on

Q: is CA penal code 502 violation a aggravated felony or just CIMT for Immigration purpose?

Employee used her government computer to download pirated books on it via usb for reading (against employer policy). She violated pc 502 for personal use. Can she get deported as LPR?

Marc David Pelta answered on Jul 7, 2019

I would suggest you meet with an experienced immigration or criminal defense attorney to get the correct answer to this question.

1 Answer | Asked in Immigration Law and International Law on

Q: I have a general (universal) question regarding citizenship.

If a person is born in a city A in country B, that person has country B citizenship. But, five years later, that city A is part of a region that gains independence from country B, and the region that has gained independence is now in country C. Is the person now a citizen of country C? (The... Read more »

Timur Akpinar answered on Jul 6, 2019

It's possible this is something that an immigration attorney would want to meet with the petitioner about, which is why it is still open for five weeks. Immigration attorneys I work with who handle immigration-related aspects of my property and casualty cases don't often like to work in the... Read more »

1 Answer | Asked in Immigration Law, Family Law and Native American Law for California on

Q: My mother is a immigrant And we are scared about her getting arrested by ice.

My mother has lived here for 20+ years . She came from Mexico to flee crime and for a better life . We live in California and she has 3 kids that were born here. She doesn’t have a criminal record. She has a stable job and has never been arrested or pulled over by the law. All this news with the... Read more »

Kevin L Dixler answered on Jul 4, 2019

The alleged plan is to look for people with final deportation orders, but incidental to a search, ICE may find others, ask questions and consider whether to detain, release and serve a notice to appear in immigration court.

It can help to review your situation and hers, but it is unclear...
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1 Answer | Asked in Immigration Law for Minnesota on

Q: Hello, I need a lawyer for asylum seeker application.

Before I come here I was kidnapped, jailed and tortured because I am member of opposition political party.

Currently many peoples from our political party are in jail and killed

Kevin L Dixler answered on Jul 3, 2019

You, as the applicant, have the burden to prove with a preponderance of the evidence that you are not only an active member, but were kidnapped, jailed and tortured. You must also prove to the satisfaction of the USCIS that you are a citizen of that nation. You must prove a number of other facts,... Read more »

1 Answer | Asked in Immigration Law and International Law on

Q: Do US consulates give the true reason for denials or default reasons despite unique causes for inadmissibility?

I had a previous tourist visa overstay of 11 years, and left America in 2005 on my own accord and applied for a tourist visa a year after in my home country, I lied and said I only visited America for 2 weeks when I had the visa. At the end of the interview I was denied but given a letter stating... Read more »

Kevin L Dixler answered on Jul 3, 2019

You know another reason for the denial, but the consular official likely had the option to select one of many reasons to base the denial upon including INA Section 221(g). It is unclear, but you certainly know that you can be denied, again, in the future for visa fraud through misrepresentation.... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: Re entry permit can affect on green card status?

I have been living here for the last 4 years and now i will get a green card in 5 months. I want to stay in my country for at least one year. So whats process of re entry permit? It does affect on green card

Hector E. Quiroga answered on Jul 3, 2019

You should apply for a reentry permit before you leave. It shouldn’t have any impact on your green card, but it will take longer for you to become a citizen.

1 Answer | Asked in Child Custody and Immigration Law for Florida on

Q: what happens to US citizen children if both parents (legally on non-imigrant visa) die, no other family in US?

I am a foreign citizen previously on J-1 now on O-1 visa. I had children while on J-1 which are US citizens. My wife is also foreign born (J-2, now O-3). I would like to know what would happen to our children, for some reason, we both were to die. Who would retain custody (no family members in US,... Read more »

Hector E. Quiroga answered on Jul 3, 2019

Most of your question is family law based, but as the question about US citizenship: because they were born in the US, they are US citizens.

1 Answer | Asked in Immigration Law for Virginia on

Q: This is regards to H4 to F1 conversion (Stamping in India). Rejected 1st time what are chances of approval 2nd time?

My wife went to India for H4 to F1 stamping and the visa got rejected with 214(B) clause and the description says it as the potential immigrant.

Interview questions were asked about OPT and why changing from H4 to F1.

What are the chances of approval for the second time?... Read more »

Hector E. Quiroga answered on Jul 3, 2019

You wife needs to show that she has significant connections to India that would preclude her wanting to stay in the US—family, assets, school or work, etc.

1 Answer | Asked in Immigration Law for Texas on

Q: Do I need to report change of address (to USCIS) for extended visit during the Naturalization Process?

I am a resident of Texas and I am in the naturalization process in the State the Texas. My wife lives & works in Georgia. She is going through some medical issues and I have to stay with her for 4-5 months starting from August, 2019. My employer in Texas has agreed to give me an unpaid leave until... Read more »

Hector E. Quiroga answered on Jul 3, 2019

If your interview is scheduled during that time, you will need to return to TX for it, but there is nothing else that suggests any problems.

1 Answer | Asked in Immigration Law for Minnesota on

Q: if I marry someone in the usa with an expired visa within the last year, can they stay in this country?

They came to this country 8 years ago with a 9 year old child legally.

Ms Grace I Gardiner answered on Jul 2, 2019

Yes you can apply for green cards for your spouse and step child

1 Answer | Asked in Immigration Law for Illinois on

Q: Is booking H1b and F1 visa at the same time in a different time line is not a good idea? Different answers from lawyers

Hi. I have called three lawyers about this. And I paid them consultation fee. Lawyer A : It is okay to book two at the same time, but you need to prove that you don't have immigrant intent to get Student(F1) VISA. Also, if you did not get F1, it would not affect for your H1b visa interview because... Read more »

Kevin L Dixler answered on Jul 2, 2019

The proper questions may have been avoided. The issue is what do you want to do; study or work? It should be one or the other for the purposes of the visit. If you apply for something that ‘you don’t need’ at this time, it can be denied. It can also reasonably draw suspicion.... Read more »

1 Answer | Asked in Immigration Law for California on

Q: Does H4 transfer need to be complete before I join my new employer. H1 transfer is done

H4 biometric appointment got scheduled in Boston for us, where as we are located in CA. And that too 3 days for 3 people. How smooth is rescheduling,by when do we need to get the H4 process completed, ie.if i submit resignation and my company withdraws sponsorship before their H4 process is... Read more »

Hector E. Quiroga answered on Jun 28, 2019

You can request that the appointments be rescheduled. The instructions are on the form. It is a relatively easy process. You might even try going to the local office with the notices you have to see if they’ll just take your biometrics.

The fact that you have resigned and the company...
Read more »

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