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Indiana Immigration Law Questions & Answers

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 Indiana on

Q: Must I update my citizenship status if I file my I-130 as a permanent resident?

I filed I-130 for my unmarried son (above 18 yrs old) with a priority date in May 2014. I'm about to become a US citizen. When I look at the Visa bulletin (July, 2019), I noticed that, the final-action date for F1(US citizen) is 08MAR12; and F2B (Permanent Resident) is 01SEP13. It seems that, my... Read more »

Hector E. Quiroga answered on Jul 9, 2019

Your son can “opt out” of the F-1 priority date, meaning he can continue processing under the F2B category.

1 Answer | Asked in Immigration Law for Indiana on

Q: I just found my right person to get married, she is Thai, I am us Citizen, what is fastest way I can bring her here,

If I file I 129, they said may take 7-9 months, if I file 485, may take 1 year, or K3, don't know how long, I just want he be here as early as I can, then we can file ASAP, either get married here, or get married in Thailand first, which ever helps my case, Appreciate in advance

Stephen Arnold Black answered on Jun 4, 2019

Discuss all available options with counsel and then decide. Counsel anywhere in the USA can take your case.

1 Answer | Asked in Immigration Law for Indiana on

Q: Can my husband travel with a visitors visa while his DS-260 Visa application is being processed?

My husband has a non-expired B1/B2 Visitors Visa before he and I married, and before I had petitioned for him. I petitioned for him using the I-130, and am currently with NVC processing. We already filed in all the supporting documents, the affidavit of support and DS-260. We are currently awaiting... Read more »

Hector E. Quiroga answered on May 24, 2019

The challenge for him will to be to show that he is intending to return home after a visa. Having a USC spouse figures negatively into that argument. He must show that he has a variety of connections, including work, family, assets, etc.

1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for Indiana on

Q: What is a motion for reconsideration bond determination mean I’m criminal court ?

My husband was arrested for domestic battery to a pregnant woman. I didn’t press charges. But the state picked up the case. There’s a no contact order. I’ve been very worried about if he will be deported. I think he has his residency and is in the process of getting his green card. If he is... Read more »

Kevin L Dixler answered on Apr 1, 2019

It means that he is likely in deportation court and his request for bond was denied. It’s unclear whether you can secure his release or file a well prepared motion to reconsider quick enough. He may be scheduled for a final hearing.

I strongly recommend an appointment with a competent...
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1 Answer | Asked in Immigration Law and Domestic Violence for Indiana on

Q: My husband was arrested DV & his visa is expired will he be deported

He’s being charged with 2 level 5 felonies for battery to a pregnant woman and one misdemeanor for domestic battery. As we are about to have a baby together I’m worried about him staying in the country

Kevin L Dixler answered on Apr 1, 2019

More information is needed. Is he a lawful permanent resident? How long has he lived in the U. S.? Were you physically injured? Is he being detained by ICE? Did you pay his bond? Was he released? Such questions are best answered in a confidential setting.

Immigration Court is in Chicago,...
Read more »

1 Answer | Asked in Immigration Law for Indiana on

Q: My MIL has a tourist visa, her son my husband is now a US citizen can she stay here in USA while he petitions for her?

Can she stay in the USA while she is waiting for a green card, she has retired from her job and it will be a big help if she could stay with my son while I work thats why I ask. Can she have her status change.

Kyndra Mulder answered on Feb 13, 2019

In general the mother of a USC is an immediate relative and a visa is immediately available to her. She can adjust inside the USA. One word of caution is that she will need to be prepared to demon state that she entered the USA with a non immigrant visa and did not intend to immigrate. If she had... Read more »

1 Answer | Asked in Immigration Law for Indiana on

Q: Can I get married and apply for a green after being in the US for more than 10 years if I was brought as a kid?

No DACA, I was brought here on July, 2008.

Looking for further education.

20 years old.

Kelli Y Allen answered on Feb 9, 2019

Possibly, yes. The specific facts make all the difference in determining the exact process that would apply to your case. You would need to have a full consultation with an immigration attorney to get a fully analysis.

2 Answers | Asked in Immigration Law for Indiana on

Q: 5 years ago when I was graduating, I Sponsored my mom and she got USA visa however they didn't visit USA ever.

Now my question is can they visit USA on that visa now which isn't expired yet. By the way my mom lives in India.

Please suggest

Kelli Y Allen answered on Jan 30, 2019

If she has a multiple-entry B1/B2 visa that has not expired, yes, she can use that to enter at any time before expiration.

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1 Answer | Asked in Immigration Law for Indiana on

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

Kelli Y Allen answered on Jan 14, 2019

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... Read more »

1 Answer | Asked in Immigration Law for Indiana on

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

Hector E. Quiroga answered on Dec 12, 2018

The safest option is for her to stay in Vietnam.

1 Answer | Asked in Immigration Law for Indiana on

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

Ms Grace I Gardiner answered on Nov 25, 2018

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... Read more »

2 Answers | Asked in Immigration Law for Indiana on

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?

She is 20. She has visited us twice. She may move here permanently. She would like to be gainfully employed while here.

Hector E. Quiroga answered on Nov 2, 2018

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.

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1 Answer | Asked in Immigration Law for Indiana on

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

My sister would like to apply for a B2 Visa to visit me for the first time. But over 3 years ago she was diagnosed with a mental illness. She’s been under treatment ever since and has successfully managed her condition. Would she still be considered inadmissible under INA 212 (a) (1) (A) (iii)?... Read more »

Hector E. Quiroga answered on Sep 24, 2018

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,...
Read more »

1 Answer | Asked in Immigration Law for Indiana on

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

I am preparing to move there next year. My girlfriend spoke to a lawyer in Warsaw, and he told her that I will be able to stay there indefinitely as long as we establish intent to marry. He told her that I will need a few documents—my birth certificate, my passport, and a certificate of legal... Read more »

Richard Sternberg answered on Aug 29, 2018

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... Read more »

1 Answer | Asked in Immigration Law for Indiana on

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

We've been together for one year, and we've recently got engaged. I am a college student and neither of us have a stable career, working mostly with freelance online jobs. I do not have financial ability to take a trip to Argentina to meet prior to getting him to America. Does this count as causing... Read more »

Hector E. Quiroga answered on Aug 14, 2018

Yes. The fiancé(e) visa makes exceptions when meeting face-to-face would cause hardship or where tradition forbids it.

1 Answer | Asked in Gov & Administrative Law, Immigration Law and DUI / DWI for Indiana on

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

Specifically in Hamilton county

Andrew L. Bennett answered on Jul 23, 2018

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.

1 Answer | Asked in Immigration Law for Indiana on

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

Everyone in her country normally goes through a processing agent who applies directly to the US Embassy in Manila. Is that a necessity, or can she fill out the forms and visit the US Embassy in Manila herself to apply without the aid of a Philippines agent?

Carl Shusterman answered on Jun 16, 2018

My wife is a Filipina and she never went through a processing agent to apply for a visa.

Carl Shusterman

www.shusterman.com

1 Answer | Asked in Immigration Law for Indiana on

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

I have been in the US since 2012 on a single-entry F1 visa. Recently, I applied for OPT and it was approved on 03/2018. Today, I received an admission and I have decided to accept that. If I just transfer my SEVIS records to the new university, should I leave the country to get a new F1 visa? (I... Read more »

Carl Shusterman answered on Jun 12, 2018

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.

1 Answer | Asked in Immigration Law for Indiana on

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

Carl Shusterman answered on Jun 5, 2018

An I-485 Application for Adjustment of Status is an application for a green card.

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