Immigration Law Questions & Answers

Q: Is there a way for my boyfriend to come to USA so we can live together here?

1 Answer | Asked in Immigration Law for California on
Answered on May 8, 2019
Kevin L Dixler's answer
It will take a while. Perhaps, longer than you anticipate. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.

Q: My daughter is Dating an Israeli for 2 months. His tourist visa expires 2 months. How can he stay longer

1 Answer | Asked in Immigration Law for Florida on
Answered on May 8, 2019
Myron Morales' answer
He can apply for a six month extension on Form I-539.

Q: H1Brevoke

1 Answer | Asked in Immigration Law and Employment Discrimination for Texas on
Answered on May 8, 2019
Svetlana Kats' answer
Usually if you file amended H1B petition for your new employer and your new position is substantially similar to your previous position you should be OK. However your case is more complicated since your petition was revoked after your filed an amended petition. I would take a copy of the revocation letter and consult experienced immigration attorney.

Q: If I received a Final Order of Removal in absentia, and departed after receiving the order, can I still file an MTR?

1 Answer | Asked in Immigration Law for Florida on
Answered on May 6, 2019
Sheri A Benchetrit's answer
Motions to reopen Orders of Removal in Absentia are very complicated and must be handled by an experienced immigration attorney. A Motion to reopen based on lack of proper notice can be filed anytime. This means that a motion may also be filed after a person has departed the US. I suggest that you contact an immigration attorney to assist you with this process and to determine whether you have a valid reason or filing such a motion.

Q: If a b1 visa holder is getting married to a US citizen ,applying for further visa process will the citizen's credit

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on May 6, 2019
Sheri A Benchetrit's answer
Typically the US citizen's credit score is not considered in terms of whether they are eligible to sponsor their spouse. What is considered is their income during the last tax year (with a W-2 or 1099 to prove it), their current employment and income which can be documented by a letter from an employer or liquid assets or assets that are easy to liquidate that meet the poverty guideline requirements. If the USC sponsor cannot demonstrate that they meet the poverty guidelines and he or she...

Q: Do I qualify for citizenship if we moved in with my American stepdad when I was 16, but they married when I was 19?

1 Answer | Asked in Immigration Law for New York on
Answered on May 6, 2019
Sheri A Benchetrit's answer
Your question is more complex than you might think. First, you do not generally derive citizenship from a step parent. The step parent can sponsor you for a green card, but you would have to file for your citizenship on your own. Next, the step parent/child relationship must be formed before the child reaches the age of 18 in order for the step parent to sponsor the step child or vice versa. This means that the marriage has to happen before the child reaches the age of 18. The federal...

Q: If the annual income meets the required annual minimum,does the amount of assets still matter?

1 Answer | Asked in Immigration Law for California on
Answered on May 6, 2019
Hector E. Quiroga's answer
Assets are optional, so if your husband’s income meets the minimum requirement for household size, then it isn’t necessary to show assets.

Q: Can non-u.s citizen travel to Hawaii with only a state ID?

1 Answer | Asked in Immigration Law for Minnesota on
Answered on May 6, 2019
Hector E. Quiroga's answer
Check the website of the state of Minnesota to see if the version of the license she has meets the necessary requirements.

Q: Permanent resident card has expired outside the US but looking to return for work.

1 Answer | Asked in Immigration Law on
Answered on May 6, 2019
Sheri A Benchetrit's answer
The general rule when you have a green card is that you will live in the United States. When you are outside of the U.S. for a period of 6 months or more, you can be treated as though you intended to forfeit your green card. When you are outside of the U.S. for a year or more, you will be treated as though you intended to forfeit your green card. Based on the amount of time that you have been residing outside of the U.S., I believe that you have given up your green card and would have...

Q: My husband has been going through immigration court his attorney told the judge my husband would be applying for asylum

3 Answers | Asked in Immigration Law for Oklahoma on
Answered on May 6, 2019
Sheri A Benchetrit's answer
I would need more information in order to give you a proper answer. I can tell you that if the I 130 was filed while your husband was in immigration proceedings, it will take a very long time (as much as a year or more) to receive an answer. This is because the matter is sent to a specific unit of immigration that handles I 130 petitions while the non citizen spouse is in immigration court. Also, very often immigration judges and the attorneys for the government will not agree to a delay of...

Q: Do I have chances to get deported if ask for asylum with a tourist visa?

2 Answers | Asked in Immigration Law for New York on
Answered on May 5, 2019
Leonard R. Boyer's answer
You should not do anything until you retain an experienced immigration attorney. Immigration law is extremely complex and if you make a mistake you could lose everything. Having a tourist visa and trying to seek asylum is unlikely to be realistic. An experienced immigration attorney can determine what realistic options are available to you.

Q: I 130

2 Answers | Asked in Immigration Law for Texas on
Answered on May 4, 2019
Svetlana Kats' answer
Unfortunately everything takes longer now days. What you can do is to request case status on- line. Sometimes it helps to expedite the case. On line status request link is on the " check your case status" page. Hope this will help.

Q: How long usually take to receive Parole after biometrics are given?

2 Answers | Asked in Immigration Law for Georgia on
Answered on May 2, 2019
Ecleynne Mercy's answer
You have a very serious question. You need to consult an attorney any information you find online may not be what you need because of the extent of your case. instead of surfing the web. Set up an actual consultation with an immigration attorney. I understand that its expensive but the risk of doing it yourself and not being successful is far too great. Please seek an attorney. I hope this helps.

Q: My fiancé is illegal immigrant but we want to get married but he has record of driving without license

1 Answer | Asked in Immigration Law for Georgia on
Answered on May 2, 2019
Ecleynne Mercy's answer
Certain misdemeanors or felonies can affect the naturalization process. You need to discuss this with an immigration attorney to review his record and see what if any solutions are available to help with the process of naturalization.

Q: fdasfdas

1 Answer | Asked in Immigration Law, Communications Law and Social Security on
Answered on May 1, 2019
Peter N. Munsing's answer
this is not a question. Please rephrase in question format.

Q: I’m on the process of I751 and have to go back home emergency but my visa expires on July what should I do

1 Answer | Asked in Immigration Law for North Carolina on
Answered on May 1, 2019
Juan Antonio Arreola's answer
Generally, a conditional resident's status will be extended for 18 months if your I-751 petition was timely filed. During that time conditional residents are typically allowed to work and travel abroad. However, it is very important that you consult with an experienced immigration attorney, who may provide you with accurate legal advice based on your individual circumstance.

Q: My greencard expires in 3 months, do I need to renew it before I can apply for naturalization?

1 Answer | Asked in Immigration Law for Washington on
Answered on Apr 30, 2019
Hector E. Quiroga's answer
Since it is less than six months before your green card expires, you must file the I-90. You don’t have to wait for it to be approved, though. You can file a copy of the receipt notice with the N-400 and other supporting documents.

Q: I have my Naturalization interview. They are asking for selective service registration which I don't have. Please help.

1 Answer | Asked in Immigration Law for Alabama on
Answered on Apr 30, 2019
Hector E. Quiroga's answer
It is unlikely that you will need it. If you remained a student until you filed for your green card, then weren’t required to register. In addition, if you are over 31 years of age, then it doesn’t matter anyway, since more than five years have passes since you turned 26. You can write a declaration explaining why you didn’t register for the selective service and that you didn’t willingly fail to register, but you will likely not need it.

Q: Does leaving the US to visit Canada for 2 weeks count as sufficiently leaving the US when a M1 student visa is expiring?

1 Answer | Asked in Immigration Law for Washington on
Answered on Apr 30, 2019
Hector E. Quiroga's answer
It is more a question of your reentry to the US. Would you be coming back to continue your studies under the M1, or would you be coming as a tourist? If your entry from Canada to the US is only as a temporary visitor for visitor or pleasure, you should be able to enter on that. You might want to have passage out of the country already arranged.

Q: Can a LPR file an I-130 & I-485 for a spouse that is in the U.S on a tourist visa?

2 Answers | Asked in Immigration Law for Florida on
Answered on Apr 30, 2019
Deron Edward Smallcomb's answer
Generally no, because the I-130 won't be current to file for Adjustment of Status. However, the spouse can file a visitor visa extension if they need to stay longer than six months. You should contact an experienced immigration attorney for help.

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.