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Indiana Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Indiana on
Q: How can I get my wife's last name changed to mine on her permanent resident status and SSI card?

My wife and I were married earlier this year, but the local Justice of the Peace would not change her name to mine on our marriage certificate due to her immigration status at the time. Now, when I filed for her permanent resident status and work permit in April, I filled out the necessary USCIS... Read more »

Kyndra Mulder
Kyndra Mulder answered on Oct 2, 2020

Her married name should have been usewd when you completed the I-130 and I-485. Since you did not the simplest and least expensive route to take is to use her married name when she applies to remove the conditions. If she has her 10 year card she can use her married name when she applies for NATZ... Read more »

1 Answer | Asked in Immigration Law for Indiana on
Q: How can I prove I’m a legal resident with an expired green card?

My green card is expired but I have paid for, and am awaiting, my biometrics appointment (which was initially cancelled due to COVID). Unfortunately my wife and I are attempting to refinance our mortgage and the bank will not move forward with our application since my card has expired, our loan is... Read more »

Amanda B Cook
Amanda B Cook answered on Sep 28, 2020

If your I-90 is outside of processing time, you might be able to get an info pass appointment for a 551 stamp. Otherwise, you might have to wait.

1 Answer | Asked in Immigration Law for Indiana on
Q: I-944 Household member

Me and my partner have a joint sponsor who is my partners mother, when we filed our application we all lived together. We recently moved and my partner is going to school, now that the I-944 is back should we add our joint sponsor as our household member? even though they don't live with us... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2020

The only reason why you would add her back is if your partner provides at least 50% of their mother’s financial support, or visa versa.

2 Answers | Asked in Immigration Law for Indiana on
Q: Can you use form 797 notice of action instead of the EAD to start work when waiting for a green card to process?
Svetlana Kats
Svetlana Kats answered on Sep 10, 2020

you will need an approved EA to start employment

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2 Answers | Asked in Immigration Law for Indiana on
Q: What would be the reasons there is a deficiency in the filing? Could you re submit?
Mario Musil
Mario Musil answered on Sep 4, 2020

If something is missing in the filing, USCIS can reject a case or issue a request for evidence.

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1 Answer | Asked in Immigration Law for Indiana on
Q: Hello! I sent in my application for adjustment of status aug 18. Haven’t heard anything, no email or text. Any advice?

Sent to USCIS Chicago via fed ex. It was signed by a J.Harper but that’s it. No notice email or text. I called last week and nothing is in their system. Thank you!

Mario Musil
Mario Musil answered on Sep 4, 2020

They have been behind by a few weeks in issuing notices and receipts. If you have not heard back in a month or so, call the USCIS 800 number. Also, if there is a deficiency in the filing, they will send it back and not send a receipt.

2 Answers | Asked in Immigration Law for Indiana on
Q: What is the impact of the sponsor changing employers during adjustment of status for K1 visa?

My fiance (now wife) came to the US on a K1 visa, we got married, and submitted our I-485 and associated forms (I-944, I-131, I-765, and I-865). We received a notice of action (I-797C) in the mail that our packet was received.

Due to COVID, things seem uncertain at my current employer. I... Read more »

Mario Musil
Mario Musil answered on Aug 19, 2020

As long as your new salary meets the requirements, the change in employment will not affect your eligibility. The employer name and address is often updated during the interview.

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1 Answer | Asked in Immigration Law for Indiana on
Q: Currently in process of getting Greencard. Just waiting for approval. I want to get married will that mess with process?

our current lawyer has told us to wait until we have the physical copy in our hands before getting married. But we are christian and do not want to continue to live in fornication and would love to get married to avoid disappointing God. Need to know if getting married this late in process where I... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 9, 2020

More information is needed. Did you have an Indiana authorized officiant sign your marriage license? That is, a pastor, priest, or other properly licensed officiant? If so, then you are lawfully married on the 'date of marriage.' The fear may be that the license will somehow expire or... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Immigration Law for Indiana on
Q: Protective Order Appeal amid Criminal Case Possibility

My wife issued a protective order for 2 years. I have a possible criminal case allegation which can be active at any time as I am said. But I only have few days left to appeal to cancel or modify the protective order. Whatever I say in this hearing can be used against me. I am a F1 student in USA.... Read more »

Robert Roy Klein
Robert Roy Klein answered on May 14, 2020

For the immigration question, the PO will not have any effect on your immigration matter. Violating it will have severe consequences. The underlying crime might have consequences also.

3 Answers | Asked in Immigration Law and Criminal Law for Indiana on
Q: What kind of lawyers to hire? Does it violate my visa status?

I was arrested for domestic battery in Indiana. I am F1-student. I don't think i did anything that would hurt her and even if it did it was unintentional. I was not charged at the moment. University has not taken any action yet, but I am hearing they will. Does it violate my visa status? I... Read more »

Paul Stanko
Paul Stanko answered on May 1, 2020

The sooner you retain a criminal defense lawyer, the better. You may also wish to consult an immigration lawyer at some point, but you should confront the criminal issue immediately. You may contact me privately if you wish to discuss details.

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1 Answer | Asked in Criminal Law and Immigration Law for Indiana on
Q: Arrested twice in past and applying for spouse and family us visas

If my British wife was arrested once for a prevention of breech of peach and another years later for allagations from a school of child neglect ( detained for only the night and never were charged and realeased both times with no further action and not having any convictions or an actually... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 22, 2020

There shouldn't be a problem. Retain any arrest or police report and a court letter showing that there is no record of being charged nor convicted. On the 485 or later on the N400, she needs to mention that she was arrested. She'll have the opportunity in the interview to explain what... Read more »

1 Answer | Asked in Immigration Law for Indiana on
Q: Can someone get in trouble for telling another individual that they only want to marry someone to become legal
Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

If all the person does it tell someone they want to marry another to become legal, then no, unless that other person talks. Marrying someone merely to become legal is against immigration law.

1 Answer | Asked in Consumer Law, Contracts, Copyright and Immigration Law for Indiana on
Q: Can i hire a lawyer and give power of attorney to the lawyer to help with the sale of my Car?

I am asking as I am out travelling outside USA for 3 weeks, to get my Visa stamped on my passport, I would need a lawyer to represent me with the Car sale, if I am unable to return to the USA for some reason

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2019

In general yes. it will always depend on the attorney.

Many attorneys do not want to get directly involved in transactions of this nature as many things could go wrong.

All you are doing is giving a power of attorney to somebody.

can be a lawyer or anybody else.

2 Answers | Asked in Criminal Law, Immigration Law and Domestic Violence for Indiana on
Q: How can I without getting in trouble help defendant not be found guilty for DV after I reported it.

Bf is charged with level 5 felony Domestic battery against pregnant women. I realize he could be deported and I do not want that. How can I help so that he is found not guilty?

Gary Kollin
Gary Kollin answered on Oct 2, 2019

You appear to be asking us to provide you with some method, perhaps illegal, I, for one, will not be engaged in this.

What? Have to pay a lawyer for the work they do? On a criminal case at that? Say its not so! THAT stated, AVVO is no a dollar store version of lawyering where you get...
Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes, Immigration Law and Domestic Violence for Indiana on
Q: should defendant accept plea deal and accept guilty for DV and Strangulation level 5 felony ?

Defendant is not US citizen and is on Ice Hold. should he take offer and accept counciling, probation , etc instead of jail time or say not guilty and continue trial so that he won’t be deported.

Gary Kollin
Gary Kollin answered on Oct 2, 2019

This is like asking a doctor over the internet should I have my lung removed or take the chance with the chemotherapy.

He has an attorney who he should listen too.

Isn't this your BOYFRIEND who is charged with strangulation of a pregnant woman?

1 Answer | Asked in Immigration Law for Indiana on
Q: Would marrying a woman from Ethiopia in the US on a tourist visa make her return to the US easier or more difficult?

I am not trying to commit any sort of fraud I merely wish to know if the process would be easier for her to return back to the US if we were married?

Stephen Arnold Black
Stephen Arnold Black answered on Aug 28, 2019

If the marriage occurs shortly after she enters the USA as a tourist, then there is a presumption that the marriage was entered into fraudulently, but that presumption is rebuttable. Discuss with counsel the unique facts of your situation for guidance and representation.

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
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... 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,... Read more »

Hector E. Quiroga
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
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
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.

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