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Immigration Law Questions & Answers

2 Answers | Asked in Criminal Law and Immigration Law for New York on

Q: Can green card interview succeed with open criminal case?

I was notified that my marriage-based green card interview has been scheduled next month. I have an open criminal case with an accepted repleader deal: “harassment” violation to be reduced to “disorderly conduct” in early 2020. There was originally an assault misdemeanor but this was... Read more »

Leonard R. Boyer answered on Aug 9, 2019

You have no chance of being approved for a Green Card under these facts. You really need to retain an experienced criminal and immigration attorney immediately or face deportation and possibly incarceration.

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2 Answers | Asked in Immigration Law for Texas on

Q: I am a permanent resident, I have my fiancee aborad and want her to join me here legally as soon as possible.

Would her coming in as a student then we get married after 90 days the best option as filling for through the normal process is about 2years and we can't wait that long to be together

Kevin L Dixler answered on Aug 8, 2019

She is disqualified for a non-immigrant F1 student visa, where she has immigrant intent for the purposes of the visit. Such action can suggest misrepresentation, which can indefinitely bar her from lawful immigration.

I strongly recommend an appointment or teleconference with a competent...
Read more »

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1 Answer | Asked in Immigration Law for California on

Q: Unemployed during OPT F1 for over 90 days. Options?

Myself and my wife are Canadian citizens and Green Card holders. Our son is in the US on OPT F1. However he was unemployed for over 90 days while on OPT and is now out of status (for about a month now). Should he leave for Canada, or can he stay if we file sponsorship application for him in 2B... Read more »

Hector E. Quiroga answered on Aug 8, 2019

He must leave for Canada. It will take years under 2B preference category for a visa to become available for him. He is not able to work in this scenario. He might consider another visa type, like TN.

1 Answer | Asked in Immigration Law and International Law for Pennsylvania on

Q: I am married who lives in US, PA and wife is my 1st cousin she lives outside the US.

I am married who lives in US, PA and wife is my 1st cousin she lives outside the US.

can I file i130 form for her without problems even it is illegal from marrying 1st cousin under Pennsylvania law.

I am already married I only need to bring her to US.

Hector E. Quiroga answered on Aug 8, 2019

As long as the marriage is legitimate where it takes place and the state in which you intend to settle in the US recognizes it, too.

3 Answers | Asked in Immigration Law for Florida on

Q: If I have an approved I 130, can I apply for an I 485 if I’m in the US but my I 94 is expired?

My I 130 was approved and I have just received a notification from the NVC regarding my visa. I’m currently in the US but my I 94 expired and I would like to change my status to not have to go through the consular process and proceed with an adjusted status instead. Is that possible?

Linda Liang answered on Aug 7, 2019

It depends on whether your Visa is current. You can find out whether it is on monthly Visa Bulletin

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1 Answer | Asked in Immigration Law for California on

Q: I'm a us citizen the girl I'm in luv wit is here with a b2 visa. I want to ask her to merry me. What happens next?

She is only here for 6 months and I cannot lose her. I have found my soulmate. So does she ask for a extension on her visa so we can get married?? or does she have to change her status to the fiance visa? and does she have to go back to brazil until all the paper work is done?? I can't live with... Read more »

Stephen Arnold Black answered on Aug 7, 2019

Retain counsel, who can file a G-28 with USCIS, to handle the case from start to finish. How long has she been in the US for? that's a critical question. Some of us charge a very affordable flat rate fee for cases. Counsel in any state can represent you. Discuss with counsel.

1 Answer | Asked in Immigration Law for Illinois on

Q: I came in F1 visa and I violated the visa and now i wanna if marry a citizen girl that my violation will effect ?

Does my violation will prevent me to get my citizenship or they will punish me in any process in the future? Will they prevent my citizenship?

Stephen Arnold Black answered on Aug 6, 2019

If a person enters the US legally, and overstays his/her visa and then marries an American citizen, that person can adjust status to obtain a green card, despite the visa overstay. The issue as to "violating your visa" needs more clarification. Call counsel to discuss.

1 Answer | Asked in Immigration Law, Public Benefits and Social Security for Texas on

Q: can the Social Security Administration count my undocumented aliens spouse's income against me and stop my SSI benefits

My husband does not have a SSN and is not authorized to work in the US. We are in the process of applying for his green card but still not been approved. I receive SSI & Medicaid. I reported my marriage to my husband immediately after getting married but the rep told me that since he wasn't... Read more »

Kevin L Dixler answered on Aug 6, 2019

This seems a bit more complicated. More information is needed. Do you have a joint sponsor? Your husband should qualify for work authorization if he is eligible to adjust status. If not, due to complications with filing, it seems like you need an attorney, soon!

If "the rep" is not an...
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4 Answers | Asked in Immigration Law for Florida on

Q: My girl friend lives in the Ukraine and is traveling here on a B-1 tourist visa . Can we get married and her stay

Kevin L Dixler answered on Aug 6, 2019

More information is needed, but a person cannot use a B-2 non-immigrant tourist visa with immigrant intent. A B-1 non-immigrant visa is for temporary business reasons. Your desire to marry your girlfriend, aside, I strongly recommend an appointment or teleconference with a competent and... Read more »

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1 Answer | Asked in Immigration Law for New York on

Q: N -400 Part 12 ques 9 groups? does that include membership in a golf club or synagogue or ABA?

Kevin L Dixler answered on Aug 6, 2019

The form N-400 instructions are poorly drafted. Yes, an applicant is obligated to disclose all organizations. Some may be perceived as falling within categories that 'may' support qualification and/or disqualification. Two memberships listed seem to suggest an interest in maintaining good moral... Read more »

2 Answers | Asked in Immigration Law for Indiana on

Q: A citizenship question. My husband of 10 years is from another country and is here illegally. We have a 5 yr. old.

At the time of our marriage it was unknown to me that he was not a citzen. He "obtained" a social security card before we met. He has a state i.d. but no license. 1. Is our marriage legal? 2. If he goes to try and clean this up and make his citizenship fully legal, what are the likely... Read more »

Stephen Arnold Black answered on Aug 1, 2019

First off, it can be fixed depending on the circumstances. Did he enter the country legally? By legally, I mean with a foreign passport and a visa issued by a US consulate overseas. If that's a yes, then his overstay can be cured by filing a spousal petition to acquire a green card provided you are... Read more »

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1 Answer | Asked in Immigration Law for Nevada on

Q: I have been ordered to pay back unemployment assistance will those be a problem or grounds for deportation?

I'm a permanent resident and need to renew my card I'm worrying this will get me deported, this happened in my 8th year of residence and I'm almost here for 10 years, what can I do

Kevin L Dixler answered on Jul 31, 2019

More information is needed. It is important that you do not confuse the USCIS when completing your form. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any unnecessary complications. Good luck.

The above is general...
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2 Answers | Asked in Immigration Law for West Virginia on

Q: If I marry someone from the UK then come back to the US for a year to finish my degree, what visas would we need to get?

He lives in the UK (Northern Ireland) now, the wedding would likely be there next summer. I’m from the US and would be halfway through my Masters program (only one year left until it’s finished). After I finish my degree we would move to the UK.

I’m trying to figure out what visa I... Read more »

Kevin L Dixler answered on Jul 31, 2019

That is best answered at an appointment with competent and experienced immigration attorneys. There are two sets of laws, one U.K. immigration law and the other U.S. immigration law. Most nations require conditional/permanent resident/landed immigrant status before you can seek citizenship by... Read more »

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1 Answer | Asked in Immigration Law and Civil Rights on

Q: I would like to know what type of questions do the Consulate ask persons that are 17-19 of age at an (I-130) interview

Kevin L Dixler answered on Jul 31, 2019

All drug use, especially marijuana, along with all of the other questions asked in the electronic form.

If the consular official has a reasonable belief that an applicant is inadmissible for any ground, the visa can be denied and the petition can be revoked. There is no appeal. There...
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1 Answer | Asked in Immigration Law for California on

Q: F1 visa to EB2

I am on my F1 visa and my former employer applied for my I 140 which got denied (it has something to do with my employer eligibility). Now my current employer is going to sponsor me for my new I 140. Do I have to include my previous work experience in this case? I would want start over without... Read more »

Hector E. Quiroga answered on Jul 31, 2019

The Labor Certification process requires information about previous employers.

1 Answer | Asked in Immigration Law for Texas on

Q: My girlfriend wants to get her green card to move to the US. Should we get married before or after she applies?

My girlfriend lives in Mexico and I live in Texas. We are an LGBTQ couple. My girlfriend is moving from Mexico to Texas in January to start working as a resident fellow. We both want to get married, but she has stated that she would not be able to work if we get married and she moves to America. Is... Read more »

Hector E. Quiroga answered on Jul 31, 2019

If she comes to the US and you marry, that you can file a visa petition on her behalf, and she can file a green card application at the same time. Once she has a green card, she will be able to work. There might be some conditions of her fellowship that would prevent her from working, but there is... Read more »

1 Answer | Asked in Immigration Law for California on

Q: Freelance Television Producer - can I travel internationally for work with a criminal background? What are my options?

I recently was asked to interview for an international travel show. I have a Misdemeanor Assault conviction - Class A - confined to 8 days time served in September 2013. Should I even take the interview? I don't want to deal with a potentially humiliating situation of being denied entry at an... Read more »

Myron Morales answered on Jul 31, 2019

It depends upon the laws if the country to which you are traveling. Some countries may require that you apply for a waiver in advance of your trip while others may not view the conviction as a ground of inadmissibility.

4 Answers | Asked in Immigration Law and International Law for Pennsylvania on

Q: If I am married Can I file for i129? If not what is the the fastest way just to bring my wife to US? I am US citizen.

I am a US citizen who is married but wife is in another country.

Sheri A Benchetrit answered on Jul 31, 2019

You can either file a K-3 marriage visa which does use the form I 129 (and also the form I 130) or you can file a stand alone I 130. The first would take minimally 6 months to a year, and once approved would give your wife a marriage visa to come to the US. Once she is here, then you would file... Read more »

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3 Answers | Asked in Criminal Law and Immigration Law for Texas on

Q: I need help getting someone denaturalized.

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Gary Kollin answered on Jul 31, 2019

You personally can do nothing

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1 Answer | Asked in Immigration Law for Georgia on

Q: Tourist visa keeps getting denied

My boyfriend currently lives in Durban South Africa. He has tried to apply for a tourist visa but has been denied twice now by same lady. Reasons for denying has boiled down to 1) does not have enough money for his trip (he had around $1000 to come to US for two weeks) 2) sister currently married... Read more »

Stephen Arnold Black answered on Jul 30, 2019

The reason that the consulate will not grant him a tourist visa is because they don't think he has sufficient ties to his home country to motivate him to return..no property, or long term employment history, or sufficient assets to return home. If he attempts to process at another embassy, it wont... Read more »

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