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Indiana Immigration Law Questions & Answers
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 L Mulder
PREMIUM
Kyndra L 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... View 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
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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
PREMIUM
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
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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... View 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
PREMIUM
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
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
PREMIUM
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)?... View More

Hector E. Quiroga
PREMIUM
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,...
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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... View More

Richard Sternberg
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... View 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... View More

Hector E. Quiroga
PREMIUM
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
PREMIUM
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
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... View More

Carl Shusterman
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
Carl Shusterman
answered on Jun 5, 2018

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

1 Answer | Asked in Immigration Law for Indiana on
Q: I got a j1 visa and I subject to two years home residence.?

while in DS2019 not state the home residence. The funds of project is from private sector in US.while Iam lebanese and applied for US visa from france where I have a temporary residence permit. My question is there any mistake from US embassy

Carl Shusterman
Carl Shusterman
answered on May 11, 2018

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.

2 Answers | Asked in Immigration Law for Indiana on
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?
Shan Dimitris Potts
Shan Dimitris Potts
answered on May 4, 2018

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...
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2 Answers | Asked in Immigration Law for Indiana on
Q: I'm marrying someone from Brazil - are my children from my previous marriage

able to claim duel citizenship if he adopts them?

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Apr 13, 2018

No.

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1 Answer | Asked in Immigration Law for Indiana on
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?

He is Nicaraguan, I am a US citizen. We aren't sure if he could finish the spouse visa process while we are living in Japan, at the embassy there, like for interview and such, or would he need to return to Nicaragua for the interview and finalizing processes? I'm also not sure if I should... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Feb 16, 2018

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.

1 Answer | Asked in Immigration Law for Indiana on
Q: My fiance was denied tourist visa entry into US in the Summer. Would this affect his chance of getting K1 visa approved?

He is also 12 years older, would we be better off just getting married and applying for an IR1 or DCF visa?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jan 18, 2018

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... View More

1 Answer | Asked in Immigration Law for Indiana on
Q: Got case recommended for approval after aos interview with a hand held letter what does this mean
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 18, 2017

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.

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