Immigration Law Questions & Answers

Q: Is it okay to change jobs while I file for I-90?

1 Answer | Asked in Immigration Law for California on
Answered on Mar 12, 2019
Kelli Y Allen's answer
If you application for permanent residence has been approved, you are legal to work but will not have anything to prove this to a potential employer. If the permanent residency was gained through adjustment of status, you should have received temporary employment authorization that would allow you to work.

Q: Is reckless endangerment misdemeanor class 3 a Crime Involving Moral Turpitude?

1 Answer | Asked in Federal Crimes and Immigration Law for Colorado on
Answered on Mar 12, 2019
Kelli Y Allen's answer
You would need to take a copy of the judgment to an immigration attorney for a full analysis, The wording of the specific statute under which you were convicted is important in making this determination.

Q: I am applying for a US passport. I am a citizen, but my parents are not. The passport application asks about their

1 Answer | Asked in Immigration Law for Oregon on
Answered on Mar 12, 2019
Kelli Y Allen's answer
There is no reason to believe that putting their information on your passport application would put them in jeopardy.

Q: Hi, my EAD card has been approved and I received my I797 but I did not receive my EAD card yet. It’s been a month.

1 Answer | Asked in Immigration Law for Illinois on
Answered on Mar 12, 2019
Kelli Y Allen's answer
You could contact USCIS and place a service request. They should be able to track the card to see where it was delivered, or if it was never sent out.

Q: Am I eligible for a green card and would it take long?

2 Answers | Asked in Immigration Law for Michigan on
Answered on Mar 12, 2019
Kelli Y Allen's answer
I would need more specific facts to fully analyze your case. If you do marry a US citizen, there is likely a path for you to gain permanent residency but the process depends on several factors. I recommend a full consultation with an immigration attorney.

Q: F1-OPT extension pending with USCIS and now I am married to US citizen. Should I apply for EAD along with i130 & i485

1 Answer | Asked in Immigration Law for California on
Answered on Mar 12, 2019
Deron Edward Smallcomb's answer
The process you are considering is quite complicated in general, more so than just deciding whether to file for the i765 as well. You should consult with an experienced immigration attorney to discuss the details of your case.

Q: I'm a Daca recipient, can I travel abroad for studies?

1 Answer | Asked in Immigration Law for Florida on
Answered on Mar 12, 2019
Kevin D. Slattery Esq.'s answer
You should consult with a competent immigration attorney who can can analyze the particular facts of your situation. Generally speaking, U.S. Citizenship & Immigration Services is no longer granting "advance parole" travel documents to DACA beneficiaries such that they could reenter the United States to resume their DACA "status." Depending on the age at which you were granted DACA and your prior entry/exit history to/from the United States, you may not necessarily trigger a "bar" to reentry...

Q: In Form I-130, do I need to write beneficiary's name and address in their native language?

1 Answer | Asked in Immigration Law for Illinois on
Answered on Mar 11, 2019
Hector E. Quiroga's answer
Since that is specifically requested, we recommend that you find someone who can put that information in that section for you. Alternatively ask your wife to write it down and send it to you. Then trace it onto the form.

Q: Will getting an Earned Income Tax Credit or an ACA Exemption affect my chances of being granted permanent residency?

1 Answer | Asked in Immigration Law for Kentucky on
Answered on Mar 11, 2019
Hector E. Quiroga's answer
First, you’ve already passed the period when a public charge determination would be made. Filing the I-751 doesn’t change that. As long as you are otherwise eligible for those things, you won’t have any problems.

Q: For the I-864 immigration form, is it ok to send a W-2 worksheet in place of the actual W-2?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Mar 11, 2019
Hector E. Quiroga's answer
No, but it doesn’t matter. You don’t need to send your 2016 W2, only your most recent one—ideally 2018 but you can still submit 2017 until the end of March. You can get transcripts of W2s at your local IRS office or online.

Q: If my wife and I had started the filing for the spousal visa and she then text me after 2 yrs of marriage and said she

1 Answer | Asked in Divorce and Immigration Law on
Answered on Mar 11, 2019
Deron Edward Smallcomb's answer
You will definitely want to speak with an experienced immigration attorney about this matter. It's not easy to remove conditions without your spouse.

Q: Advised K1 visa has a 50/50 chance. age diff. 59-19 Advised using visa waiver & marry after day 61req change of status

1 Answer | Asked in Immigration Law for South Carolina on
Answered on Mar 8, 2019
Deron Edward Smallcomb's answer
Large age differences increase the difficulty of any marriage based petition. The options you are considering should be discussed with an experienced immigration attorney.

Q: If I'm a US citizen sponsoring my mother for a green card, do I have to sponsor her child who is under 21?

1 Answer | Asked in Immigration Law for Connecticut on
Answered on Mar 8, 2019
Deron Edward Smallcomb's answer
Children are not derivative beneficiaries of the petition. Your half-sister cannot be included or added to the petition. If you need assistance, you should contact an experienced immigration attorney.

Q: My Employment authorization + advance parole card is valid for 12 months. How long can I stay outside the US at a time?

1 Answer | Asked in Immigration Law on
Answered on Mar 7, 2019
Deron Edward Smallcomb's answer
This answer is very dependent as to whether you entered the K1 fiance visa or another type of visa. We always recommend to our clients not to use advanced parole except in dire emergencies. If you entered on another type of non-immigrant visa, such as a visitor visa, and are adjusting status based on marriage, you take a huge risk by leaving the country even for emergencies. You should definitely contact an experienced immigration for assistance.

Q: I am on F1 student visa in the USA since 2015 and now want to apply for asylum. Can I do that?

1 Answer | Asked in Immigration Law for Illinois on
Answered on Mar 7, 2019
Deron Edward Smallcomb's answer
You will need to have a reason for a change of circumstances as to why you didn't file in the first year, otherwise you would only be eligible for withholding of removal. These cases are very difficult and you absolutely should contact an experienced immigration attorney.

Q: My fiancee arrived on a k-1 visa and we married. She worked online for a foreign company. Is this a problem?

1 Answer | Asked in Immigration Law on
Answered on Mar 6, 2019
Deron Edward Smallcomb's answer
It shouldn't be an issue, but it should be disclosed. Not disclosing something that is unlikely to harm your chancs is a much larger issue.

Q: My girlfriend is currently on her 2nd year of Au Pair Program. Planning on getting married. Which forms we need to file?

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Mar 6, 2019
Deron Edward Smallcomb's answer
Adjusting status on anything other than a K1 fiance visa is a complex process. There are several forms and supporting evidence which must be submitted perfectly to be successful. You should contact an experienced immigration attorney for assistance.

Q: I had a DUI and I have an asylum granted, so now I'm applying for my green card, am I gonna have amy problems cuz my DUI

1 Answer | Asked in DUI / DWI and Immigration Law for Arizona on
Answered on Mar 5, 2019
Deron Edward Smallcomb's answer
You may have problems because of the DUI. You should definitely consult with an experienced immigration to help you with your filing and any potential responses to USCIS.

Q: my fiance is illegal in France. Will he need to go back to his country for me to file a K1 visa?Im a us citizen

1 Answer | Asked in Immigration Law for District of Columbia on
Answered on Mar 5, 2019
Deron Edward Smallcomb's answer
You have more issues than just what country he would interview in. When someone violates the immigration laws of another country, our government expects that they will do the same here. Even if you are qualified in every way, his overstay in France may prevent you from getting any type of visa, whether it be a K1 or based on marriage. You should definitely contact an experienced immigration attorney to help you with your case.

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