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Immigration Law Questions & Answers

3 Answers | Asked in Immigration Law and Gov & Administrative Law for Kentucky on

Q: My husband is planning on sponsoring his father and stepmom from Venezuela. What financial liability do I incur?

I will not be signing anything to help with the process. Also my spouse is military, naturalized U.S. citizen with a Florida residency. I am a natural US citizen born in Missouri and we were married in MO. It is my understanding state residency can influence marital property. I will be coming into... Read more »

Benjamin Williams answered on May 22, 2019

You can look up Form I-864 Affidavit of Support and read the instructions to find out what it means to become the financial sponsor for an intending immigrant. Basically it is a contract with the government stating that you can support the immigrant and will not allow them to become a "public... Read more »

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1 Answer | Asked in Immigration Law for North Carolina on

Q: Business handover to non immigrant

An investment advisor (FINRA certified) getting retired, want to handover business to a person who is at present non immigrant & living out of US. Which VISA he can sponsor him. Non immigrant is ready to take FINRA certification & ready to take over the business.

Sheri A Benchetrit answered on May 22, 2019

There may be several different options for the non immigrant. I would first need to have more information about his country of origin and also about the amount of the purchase price. Since it is important to gather as much information as possible in order to know all of your options, it would be... Read more »

2 Answers | Asked in Immigration Law for Florida on

Q: I am on J1 visa (J1 waiver) and have applied to get an O3 for husbands O1, will I have to leave my J1 instantly upon O3.

I am on J1 visa (J1 waiver) and have applied to get an O3 for husbands O1 and will get an answer soon from the USCIS on its approval. Will that mean I would have to leave my J1 based employment immediately, once it is approved. Or will I get any grace time to leave my current job and move with him.... Read more »

Sheri A Benchetrit answered on May 22, 2019

O3 visa holders are not permitted to work. If you have filed an I 539 to change your status from J1 to O3 and that form is approved, then legally you can be here in O3 status. However, in order to activate the visa and get the stamp in your passport, you usually have to consular process and have... Read more »

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2 Answers | Asked in Immigration Law for New Jersey on

Q: Can a person legally change their name on their birth certificate if its from a different country and they are a citizen

The person came into the country 60 years ago, thinking that their middle name was their first name. All of the documentation they have in America is under their middle name, including their social security card. Now they are having issues getting a state id, and new SS card, because the birth... Read more »

Sheri A Benchetrit answered on May 21, 2019

I am not sure that you can go back and change a name on a birth certificate, but the person could certainly file in the court where they live for a name change. Once they have the legal name change then they shouldn't have a problem with getting state ID or social security. After they get the... Read more »

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3 Answers | Asked in Immigration Law for Washington on

Q: Naturalization and public charge

I’ve been a lawful permanent resident since 2002. I’m planning to apply for naturalization in 2022. I’m concerned whether or not receiving MFTE housing assistance would affect my naturalization eligibility if the proposed immigration laws regarding public charge change under current... Read more »

Sheri A Benchetrit answered on May 20, 2019

There is generally no public charge bar to naturalization. And, housing benefits are specifically listed as not being categorized as evidence of public charge on the USCIS website (uscis.gov). That said, it is always a good idea to avoid receiving anything that may appear to public assistance for... Read more »

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2 Answers | Asked in Immigration Law for Texas on

Q: Should I add my wife to my I-485 petition in my employment-based GC process?

My wife is an asylum seeker and is currently waiting on her second hearing that is scheduled for 2021. My employer is based in Texas and her case is in California. Would her status affect my GC process? Would it be better to finish my process first and then process her GC through mine?

Sheri A Benchetrit answered on May 20, 2019

If your wife is able to adjust her status through your green card process, that would certainly be preferable to obtaining asylum which is never a guarantee. It is not clear from your question whether she has a hearing before an immigration judge or whether she is still appearing at interviews... Read more »

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1 Answer | Asked in Immigration Law for Texas on

Q: I have petitioned my husband. I just found out I'm pregnant, if I apply for Medicaid would that affect his process?

My husband has started his process to get a green card through me petitioning him. He already got his first acceptance letter. I am a US Citizen. Well we just found out that I am pregnant. My question is, would my husbands immigration process be affected in any way if I apply for Medicaid?

Sheri A Benchetrit answered on May 20, 2019

Although not likely to have an effect on your husband's immigration process, there has been a push by the current administration to restrict or even take away green cards when anyone in the household has received a public benefit. This is not the current policy, but policy does change. That said,... Read more »

2 Answers | Asked in Immigration Law for Maryland on

Q: Immigration Matter

If my kids are US citizen under the age of 10 years old but refused to go back home with my husband and I . How can my husband and I file for our residency just so the kids can have their heart desire?

Kyndra Mulder answered on May 20, 2019

You can't. Having a child in the USA does not qualify you for LPR status.

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1 Answer | Asked in Immigration Law for Hawaii on

Q: Me and my foreign wife go to a green card interview next month. However, I was recently charged with a misdemeanor of

domestic battery and the charges were dropped by a judge. (me and my wife got into a drunken shoving match) Does my wife and I have to report this to the immigration office?

Kyndra Mulder answered on May 20, 2019

Yes. You need to report it and provide a complete certified copy of the record from the original arrest report to the final disposition. If the case was dropped in exchange for a plea and/or any program..... it is considered a guilty charge by the USCIS. It is also a crime of violence and a... Read more »

2 Answers | Asked in Immigration Law for Florida on

Q: What do I do if my green card is about to expire and they ask me for extra documents to approve my citizenship app???

I had my citizenship interview today and I passed my civics test. But, the officer was really rude and wanted more documents which I could not provide at that time. In the notice did not say that I needed to bring any documents. She was even asking me for dates of birth of my husbands ex wife.... Read more »

Kyndra Mulder answered on May 20, 2019

Based on the information you provided the documents requested are typical. Had you had an attorney the attorney would have provided the documents with your initial application. What you need to do is provide the documents requested and the information requested.

It sounds like the officer...
Read more »

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2 Answers | Asked in Criminal Law and Immigration Law for North Carolina on

Q: Will my crime record affect getting a green card?

Hey! Im an European citizen, my fiancé is a marine and I’m 6 months pregnant. I got tickets to the USA in July to get married and start our family together and apply for green card and use parole in place to stay there.

I’ve committed a crime ( shoplifting) and I will have to pay a... Read more »

Denise Anderson answered on May 19, 2019

Shoplifting is often termed as a petty offense. The fact that you committed a petty crime does not bar you from obtaining a green card; you may still be admissible to the United States. The decisive factor is whether you have committed shoplifting on more than one occasion, and whether you entered... Read more »

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2 Answers | Asked in Immigration Law for New York on

Q: Hey there My question is how can find the best price and best immigration lawyer help me for affiliate of support? Thx

I am a sponsor my brother from China. Now I got GUZ number. Just looking for the experience immigration lawyer who can help me ?

Leonard R. Boyer answered on May 19, 2019

Immigration is far more complex that just filling out forms. Choosing an attorney based solely on price is a recipe for disaster. You need an immigration attorney to represent your brother. If you do not realize that this is something far beyond the capabilities of a non-attorney, then you are in... Read more »

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3 Answers | Asked in Immigration Law for Massachusetts on

Q: How can I get my parents and sister a tourist visa from Brazil?

I am a green card holder, unemployed. They had their visa denied back when I had a F1 visa last year.

Kelli Y Allen answered on May 19, 2019

There is nothing you can do directly to get them tourist visas. Usually tourist visas are denied for failure to show non-immigrant intent. This is not something you can overcome on their behalf. Rather, each of them will have to be able to prove sufficient ties to Brazil (ex. family, job,... Read more »

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1 Answer | Asked in Immigration Law for New York on

Q: Can I travel with Uscis Advance Parole travel document abroad?

I got married to my wife (she's a US citizen) few months ago and I have applied for a Travel Document which will be coming sometime next month. Because of back log the green card interviews are now taking longer, our interview will be sometime late this year or early 2020.

My question is,... Read more »

Kelli Y Allen answered on May 18, 2019

Even with advance parole, there is no guarantee of admission. The safest course of action is to remain in the U.S.

3 Answers | Asked in Immigration Law for Massachusetts on

Q: If I file an immigrant petition for my siblings, would they find it harder to get visit or work visas in the interim?

I'm a US citizen. I know right now there's a 14 year wait. Want to make sure by applying, I'm not excluding them from traveling to the US for work or vacations.

Kelli Y Allen answered on May 18, 2019

Just filing an I-130 petition so that they are in line waiting for a visa number should not impact non-immigrant visas in the interim.

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3 Answers | Asked in Immigration Law for Washington DC on

Q: If my 4 kids are born in the United states can I apply for my residency because of my kids being born here.

If my 4 kids are born in the United states can I apply for my residency because of my kids being born here. Or what necessary steps could my husband and I take ? My kids wants to stay here and do not want to go back home . They are all less than 10yrs old.

Kelli Y Allen answered on May 18, 2019

No. In and of itself, simply having U.S. citizen children does not supply a basis for permanent residency. U.S. citizen children must be 21 years of age to file an immigration petition on behalf of a parent. Even then, that does not guarantee permanent residency, as other requirements must be... Read more »

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2 Answers | Asked in Immigration Law for Nevada on

Q: Can i go back to my country to study college while waiting for my green card here in US?

btw im from the philippines

Kevin L Dixler answered on May 17, 2019

Much more information is needed. How did you enter the U. S.? Have you overstayed your entry card? Have you filed for adjustment of status?

I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.

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1 Answer | Asked in Immigration Law on

Q: Petition for alien relatives

Hello;

Our Case began in 2011 when my wife start the process as Petitioner, I m the beneficiary and the visa was issued but I was denied at US consulate Interview here in Morocco saying to offer more evidence of the support of the petition;our marriage is true and honest ;we got married in... Read more »

Sheri A Benchetrit answered on May 16, 2019

Your wife does not have to be in the US to file an I 130. She does have to have a US address where she intends to reside for purposes of the application. In terms of your next step, I suggest that you speak with an experienced immigration attorney to determine the reason your visa was denied and... Read more »

1 Answer | Asked in Immigration Law for Georgia on

Q: I am a Tanzanian citizen and a green card holder in US. My birth certificate had issues it doesn’t have the correct year

My birth year is 1994 but it was mistakenly put 1988. During the time my mother said she couldn’t fix it cause they wanted so much money which she did not have. She just made me aware of it while am already a permanent resident in US . In few years am going to apply for my citizenship and i wish... Read more »

Sheri A Benchetrit answered on May 16, 2019

You can file an I 90 form to replace your green card and change your birth date. You should try to do this before you file for your citizenship. The error should not affect your ability to get your citizenship as long as you make the change.

2 Answers | Asked in Immigration Law for New Jersey on

Q: Can I apply for GREEN CARD under EB1C category?

I started working in USA as a manager from January 2017 (on L2B -EAD) and before that I was working in India with the same employer (subsidiary) since 2014 until I moved to US in oct 2016). I applied for EAD after I moved and it was approved on dec 28th 2016 and joined US parent company immediately... Read more »

Leonard R. Boyer answered on May 15, 2019

Your employer has an immigration attorney, so you should consult with that attorney.

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