Indiana Immigration Law Questions & Answers

Q: I am married to my wife in Mexico want to bring her here with her son how can I bring them without signature of his dad

1 Answer | Asked in Immigration Law for Indiana on
Answered on Jan 14, 2019
Kelli Y Allen's answer
It sounds like you have two distinct issues. From an immigration perspective, assuming you are a U.S. citizen or permanent resident you can file an immigrant visa petition for each of them. As long as all visa/admissibility requirements are met, visas can be approved. However, for her son to use his visa, he must have a passport which will require consent of the father. If he does not agree, your wife will probably need to hire a family law attorney in Mexico to deal with that issue. In...

Q: Is my girlfriend able come visit me in the US while we apply for a marriage visa or should she stay in Vietnam?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Dec 12, 2018
Hector E. Quiroga's answer
The safest option is for her to stay in Vietnam.

Q: Once I obtain a green card, what exactly do I need in order to obtain citizenship through naturalization?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Nov 25, 2018
Ms Grace I Gardiner's answer
If you received your greencard through marriage you can start applying for citizenship ninty days before you had the green card for three years. Show that if you have had continuous legal residency for 18 months must have been physically present in your state for three months and be a person of good moral character

If you have received it any other way it’s ninty days before you fifth year show that you have had continuous residency for 30 months, been physically present for 3 month...

Q: We have a friend who would like to move here from Canada. What does she need to do to move here and find a job?

2 Answers | Asked in Immigration Law for Indiana on
Answered on Nov 2, 2018
Hector E. Quiroga's answer
She can try to get any of a number of nonimmigrant employment visas, including the TN. Her first step is to establish a relationship with an employer who would like to hire her.

Q: Can a person who suffers from a mental illness apply for and be granted a B2 Visa (US Tourist Visa) ?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Sep 24, 2018
Hector E. Quiroga's answer
Please note, first of all, that there are two elements to this inadmissibility ground:

1) Being diagnosed and exhibiting the behavior of a physical or mental disorder; that

2) Has, or may a threat to the safety of him/herself, others, property, welfare, etc.

In other words, it’s not all mental illness. Whether or not she is eligible for a visa will depend on what the illness is and how well under control she has it.

There is a waiver for certain grounds of...

Q: I am a U.S. citizen who is planning to marry my Polish girlfriend, who lives in Warsaw.

1 Answer | Asked in Immigration Law and International Law for Indiana on
Answered on Aug 29, 2018
Richard Sternberg's answer
If you are emigrating to Poland, you need to consult with and follow the advice of a Polish immigration lawyer. Lawyers licensed in the U.S. only are not qualified to answer, and it is ethically questionable to communicate with a represented client. If you doubt the advice of your Polish immigration lawyer, you should seek a second opinion from another Polish immigration lawyer.

Q: My fiancé is in Argentina and I do not have the financial means to meet. Is it possible to get a fiancé visa?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Aug 14, 2018
Hector E. Quiroga's answer
Yes. The fiancé(e) visa makes exceptions when meeting face-to-face would cause hardship or where tradition forbids it.

Q: Can someone with a permanent residence in the state of IN be deported with a recent speeding ticket & OWI?

1 Answer | Asked in Gov & Administrative Law, Immigration Law and DUI / DWI for Indiana on
Answered on Jul 23, 2018
Andrew L. Bennett's answer
That is a complicated area of law, the person needs to consult with an immigration attorney. An OWI is considered a crime of moral turpitude and could have deportation consequences.

Q: My fiance wants to visit me here on a tourist visa from Philippines.

1 Answer | Asked in Immigration Law for Indiana on
Answered on Jun 16, 2018
Carl Shusterman's answer
My wife is a Filipina and she never went through a processing agent to apply for a visa.

Carl Shusterman

www.shusterman.com

Q: Should I leave the US if I want to return to my F1 status?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Jun 12, 2018
Carl Shusterman's answer
This is a subject you want to discuss with the Designated Student Official (DSO) at your new university.

DSOs can answer your questions and guide you through the process of studying in the United States.

Q: If my friend fills out an I-485 does that mean she can't ever get a green card?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Jun 5, 2018
Carl Shusterman's answer
An I-485 Application for Adjustment of Status is an application for a green card.

Q: I got a j1 visa and I subject to two years home residence.?

1 Answer | Asked in Immigration Law for Indiana on
Answered on May 11, 2018
Carl Shusterman's answer
You, or your attorney, can write a letter to the USCIS which will determine whether you are subject to the 2-year home residency requirement.

Q: I'd like to hire a college student for a summer job who is here from abroad - what do we need in place to do that?

2 Answers | Asked in Immigration Law for Indiana on
Answered on May 4, 2018
Shan Dimitris Potts' answer
Hello,

In order for immigrants to be able to work legally in the United States, they should have a valid work permit card also known as an EAD card. Some college students will get an EAD card at the end of their course, you will not have any issues hiring that student to work for you if he/she has a valid work permit that will remain valid throughout the duration of the job. Alternatively, you can also sponsor an employment visa for that student but it has strict requirements. Consult...

Q: Can my spouse and I teach in Japan for a year while spouse visa is processed, or does he need stay in his home country?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Feb 16, 2018
Hector E. Quiroga's answer
He doesn’t need to stay in Nicaragua during the time the visa is being processed; however he will need to attend his visa interview in Managua.

Q: My fiance was denied tourist visa entry into US in the Summer. Would this affect his chance of getting K1 visa approved?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Jan 18, 2018
Hector E. Quiroga's answer
A visa denial, in and of itself, would have no bearing on your fiancé’s K1 visa approval. It is a question of why it was denied. It is very possible that it was denied because he admitted that he was going to see his fiancé(e) in the U. S., which is not the proper use of a tourist visa. You do not say if you have filed the K1 visa already, but if you had, that likely had some bearing on the decision.

Q: Got case recommended for approval after aos interview with a hand held letter what does this mean

1 Answer | Asked in Immigration Law for Indiana on
Answered on Oct 18, 2017
Hector E. Quiroga's answer
It sounds like your case will be approved; you have written evidence of it from a USCIS officer. If you’ve not received your green card within 60 days of the interview, you can contact USCIS for an update.

Q: Green card through marriage

1 Answer | Asked in Immigration Law for Indiana on
Answered on Jun 23, 2017
Roger Carl Algase's answer
If you came to the US with a J-1 visa, depending on what country you are from and what J-1 program you came with, you might be subject to the 2-year foreign residence requirement and need to apply for a waiver of that requirement before you can get a green card. You should look into this with the help of an experienced immigration lawyer.

As for your marriage green card interview, that would normally take place at the nearest immigration office to where you live, i.e. Indianapolis.

Q: Am I going to be deported automatically? Do I have any problem when I will apply for citizenship?

1 Answer | Asked in Immigration Law for Indiana on
Answered on May 8, 2017
Kevin L Dixler's answer
More information is needed. How did you obtain your permanent resident status? Were you lawfully admitted into the United States as a visa holder or enter without inspection? Does the crime involve physical injury? What is the maximum penalty for the offense?

I strongly recommend an appointment with a competent and experienced immigration attorney before there are more complications.

The above is general information, not legal advice, and does not create an attorney client...

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