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Iowa Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for Iowa on

Q: Can my child (minor) on H4 travel to India and back to US with her aunt?

I am on H1B in the US. My wife came to the US on H4 and recently changed status to H1B. We are seeking advice if there is any risk in having our minor daughter on H4 (visa stamped till Nov 2019) travel outside the country and back with her aunt (my sister who is a green card holder) in June for a... Read more »

Hector E. Quiroga answered on Apr 1, 2019

There should be no issue, as long as the child has a valid and unexpired H4 visa. You should show that your daughter has your permission to travel with her aunt.

2 Answers | Asked in Immigration Law for Iowa on

Q: Is it safe to travel with expired conditional greencard and the receipt that indicates my status is extended for 18 mo.?

Removing conditions on greencard now is taking longer, I have received two receipts that has renewed my status but not my card. My greencard is based on marriage, I want to travel to Iran to visit my family but am scared because I am not sure if the airports recognize the receipt!?

We also... Read more »

Peter N. Munsing answered on Nov 3, 2018

Travel overseas, as an Iranian, on a card that hasn't been reissued? From one of the six banned countries? Sorry, you are looking at possibly being held, if not excluded on your return trip. What you need to do is speak with an attorney--they should be a member of AILA or have an immigration... Read more »

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2 Answers | Asked in Immigration Law for Iowa on

Q: Can I travel internationally while my I-140 and I-485 pending?

I am a citizen of Iran. I have concerns about traveling back home as the travel ban is still in effect. I filed I-131 and I-765 along with I-485 and I-140 on February 2018. I received my EAD with advance parole endorsement valid until May 2019. Also, my STEM OPT is still valid through March 2019.

Carl Shusterman answered on Jun 6, 2018

You can travel abroad using your advance parole.

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1 Answer | Asked in Immigration Law for Iowa on

Q: During a K1 visa review and approval process, can my beneficiary enter the country under a tourist visa in the meantime

We are starting the K-1 process with the I-129f application. He is Dutch. Currently he is employed in the Netherlands, but will seek employment once he is approved to come here. Most recently he was here for 5 weeks in August and September of 2017. We would like for him to come here to spend some... Read more »

Kyndra Mulder answered on Dec 7, 2017

Your fiancé can apply for ESTA. Should your fiancé overstay and attempt to adjust in the USA he may be charged with misrepresentation.

1 Answer | Asked in Immigration Law for Iowa on

Q: i have a pending asylum case in baltimore court, can i file for work authorization for my husband?

I am trying to move my case from Baltimore court to Omaha Court, in between i have filled for unconsented divorce. Now my question is if in future i marry some other guy does he be eligible to get work authorization through me?

Kyndra Mulder answered on Jun 20, 2017

No. It sounds like you are in removal proceedings and have no status.

1 Answer | Asked in Immigration Law for Iowa on

Q: I just started the process of going to become a US citizen. They said it would take 10 months to a year.

My green card (permenant resident) will expire before the process of becoming a US citizen is completed. Do I have to still renew my green card while this process of becoming a US citizen is in progress? It expires next month.

Kyndra Mulder answered on Apr 24, 2017

The general rule is that if you file for NATZ 6 months before the expiration date of your green card you do not need to renew. If you filed with less time on your card then you need to renew it.

1 Answer | Asked in Immigration Law for Iowa on

Q: My husband had previously worked under other identity, I want to petition for his papers, will this affect the process?

My husband worked using someones information prior to our relationship, however, I would like to petition for his green card and was wondering if this would cause problems for the process.

Kyndra Mulder answered on Apr 11, 2017

Using a false identity or someone else identity is fraud. Your husband is forgiven for working without authorization when adjusting through a USC spouse. However, he is not forgiven for fraud. If the facts are discoverable than he may need a fraud waiver to adjust.

1 Answer | Asked in Immigration Law for Iowa on

Q: Continued to previous Question.

The Question No 3) This is an extraordinary inquisition. I have heard that F-1 holders can be self-employed and can start their own business on OPT but the work should be related to a degree they have earned. My uncle has 5 Franchisee Food Business in the USA so what if I received Bachelor in... Read more »

Shan Dimitris Potts answered on Aug 8, 2016

For investors visa you will have to invest atleast $500,000 in a U.S. company and have 10 full time employees. If your uncle will be selling the stores to you, you will have to provide proof that you have paid your uncle the money to buy those stores. In the U.S. everything is accounted for so you... Read more »

1 Answer | Asked in Immigration Law for Iowa on

Q: Continued to Previous Questions.

The Question No 2) After OPT period I planned to continue my education and joining four years US Institution and earned Bachelor Degree in DIFFERENT MAJOR WHICH IS BUSINESS ADMINISTRATION THAT IS NOT RELATED TO STEM. After that, I will again apply for OPT. So during that time can I eligible to... Read more »

Shan Dimitris Potts answered on Aug 8, 2016

Although you may not get OPT for the second time but what kind of work you do during your OPT does not matter, you should only worry about it when you are applying for a work visa.

All the best.

-Shan Potts

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1 Answer | Asked in Immigration Law for Iowa on

Q: Hi everyone, I have three troublesome questions about immigration rules on an F-1 visa in the United States.

I am in the United States on F-1 visa (Study visa) and have earned the Associate degree in Computer Science from Community College. After the graduation, I have applied for Post-OPT which is like getting Work authorization card (EAD) from the government. I just sent the required application... Read more »

Shan Dimitris Potts answered on Aug 8, 2016

This question should be answered by your school DSO. They are in a better position to answer this question than any of us attorneys.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

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1 Answer | Asked in Immigration Law for Iowa on

Q: Question regarding my girlfriend from the Netherlands coming to the USA on a visitor visa

I would like for her to come on the 6 month visitor visa but I want to know how high her chances of not getting approved are. It is a $160 non-refundable fee that I would rather skip on paying if she more than likely won't be accepted. If she couldn't come on the 6 month visa, there is always the... Read more »

Shan Dimitris Potts answered on Jun 3, 2016

If all the documents related to the visa are properly prepared by a professional the chances of approval are high. I suggest talking to an immigration attorney to help you with this process so you can increase your girlfriend's chances of approval. Many immigration attorneys including me offer free... Read more »

1 Answer | Asked in Immigration Law for Iowa on

Q: Traveling out of the country while in the process for Green Card?

Hello everyone, I have applied for green card in October 2015, I received my work authorization in November 2015. As of December 2, 2015 my case is ready to be scheduled for an interview. I check time frame processing for Des Moines, IA office and they currently work on cases from July 16th, 2015.... Read more »

Shan Dimitris Potts answered on Mar 15, 2016

You just have to look at the visa bulletin for your country and match your priority date to find out how long it is going to take for you to get an interview. You can consider applying for an advance parole if you think the process might take longer than july, consult with an immigration attorney... Read more »

1 Answer | Asked in Immigration Law for Iowa on

Q: After repayment of a repatriation loan.. does your passport become valid again? or does one need to apply for a new one?

Camlinh Nguyen Rogers answered on Aug 27, 2015

Seek advice from an experienced immigration attorney. Good luck. www.aba-us.com

1 Answer | Asked in Immigration Law for Iowa on

Q: Deportation

I know someone here in the states illegally. He has been here since late 2011. He is from canada and his passport is currently expired and his canadia drivers license is suspened and expired. He currently uses a fake id from IL. He is here running a business but only charges cash and pays no taxes... Read more »

Shan Dimitris Potts answered on Aug 19, 2015

He has all the reasons to get deported if he gets himself involved in anyway with the law enforcement. Even if he is here illegally he should have at least paid taxes so he could have been eligible for the pending DAPA program. He should consider meeting with an immigration attorney as soon as... Read more »

1 Answer | Asked in Immigration Law for Iowa on

Q: Immigration Visa for my parents and sibling.

I was married to a US citizen couple years before and now I am a US Citizen and have good job ( income is not a problem). I want to apply immigration visa ( I-130 ) for my parents and my siblings. I have one sister who is 18 years old and one brother who is 16 years old. Now my question is do I... Read more »

Shan Dimitris Potts answered on Aug 13, 2015

You may be able to apply for your parents and add your siblings as derivatives. They might not need separate applications. Contact an immigration attorney to help you with this process so you can get it right the first time.

"15 years of successful immigration law experience. The answer...
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1 Answer | Asked in Immigration Law for Iowa on

Q: If a person is here on a student visa; how can they also get a work visa?

Person is located in Iowa

Camlinh Nguyen Rogers answered on Jul 7, 2015

Seek help from an experienced immigration attorney. Good luck. www.aba-us.com

1 Answer | Asked in Immigration Law for Iowa on

Q: Hi i am a US citizen I am 21 years old. My mother is an immigrant she has been here 1999. Could i fix her papers?

Camlinh Nguyen Rogers answered on Jun 19, 2015

The stated facts are insufficient to answer your question. Complete contact form at http://aba-us.com/contact/?lang=en with more details to learn how we proceed with your case or for a specific answer. Good luck.

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