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Iowa Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Iowa on
Q: Can I apply for my citizenship right after I get off probation ? Charges marijuana first offense and theft 5th degree ?

I used my deferral judgment to get does charges off my background

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 25, 2023

As a general rule, individuals who have been convicted of a crime may not be eligible to apply for U.S. citizenship until a certain amount of time has passed after the conviction. The length of time can vary depending on the nature of the crime and other factors, such as whether the person has... Read more »

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2 Answers | Asked in Immigration Law for Iowa on
Q: Can we start the k1 Visa process?

I've recently got divorced in Wisconsin which requires a 6-month stay to remarry. Since then I have moved to Iowa that does not have those restrictions on remarrying. I have met a girl in the Philippines while visiting there and we have been dating every since and want to get married. Since I... Read more »

Adan Vega
Adan Vega
answered on May 15, 2022

You must be unmarried to be eligible to file the FORM I-129F petition to begin the process for the K-1 fiancée visa. After the petition is approved by USCIS and the K-1 visa is issued by the U.S. consulate and your fiancée enters the U.S. you can then marry. This process will generally take more... Read more »

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1 Answer | Asked in Immigration Law for Iowa on
Q: I have a Syrian boyfriend , How can I get a K1 visa him? What’s the process like? I’m a green card holder in the USA .
Stephen Arnold Black
Stephen Arnold Black
answered on Apr 3, 2022

Only a US citizen can sponsor a foreign national for a fiancée K visa. However as an LPR, you can always get married to him and then sponsor him for a green card. He would have to process at the US consulate overseas. The rough wait time for this is about a year and a half to two years.

3 Answers | Asked in Immigration Law for Iowa on
Q: Eligibility for a transfer of i-485

I have an I-485 adjustment of status pending which was filed through my ex-husband's employment (i-140, EB-2 NIW) (I am a derivative applicant). We applied concurrently i-140 and i-485. Both forms are still pending. We were married for more than 2 years. I divorced my husband and got married... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 12, 2021

I’ll be honest with you; both immigration cases require a licensed immigration attorney. There is no other way to handle it professionally.

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1 Answer | Asked in Immigration Law for Iowa on
Q: Regarding h1 b 60 day frace period

My current H1B validity period: 03/2021-03/2024, but my last day for the job is 08/15/2021

I got a new job. The new employer wants to file an H1B transfer petition before 10/15/2021 (within the 60 day grace period) but the start date mentioned in the offer letter is 11/01/2021.

If... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

Each H1b case must have an assigned counsel at no charge retained by the YS sponsoring company, if it is a genuinely credible petition.?

1 Answer | Asked in Immigration Law for Iowa on
Q: Do I need to refile for 864? Green Card Interview in 3 weeks.

My wife applied for aos, I 485 and I 864. I changed jobs during this time to a much higher paying position. All benifits are the same. Our interview is in 3 weeks. Do I need to refile for I 864? Or can I just bring my updating income to the interview?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Mar 10, 2021

No, but do bring pay stubs from the new job.

2 Answers | Asked in Immigration Law for Iowa on
Q: Do I need to pay I 765 filing fee when I 485 is pending?

We applied for AOS I 485 back in June 2020. Our application is still pending and my wife who is on F1 status, is getting ready to graduate. She is interested in working so we are looking to apply for I 765. Since our I 485 is still pending will our I 765 Fee of $410 be waived? Or do we still need... Read more »

Agnes Jury
Agnes Jury
answered on Jan 5, 2021

The last sentence of the question you posted is the answer. You do not need to pay for the I-765 but you must show proof of the pending I-485. So when you mail your I765 application, include the Notice you got after you filed for AOS. Best wishes!

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1 Answer | Asked in Immigration Law for Iowa on
Q: Can I apply I-485 through my wife NOW while still in J-1 visa waiver or do I need to WAIT till when my waiver finishes?

I started my J-1 visa waiver (as H1B since 2019). I am currently doing my J-1 visa waiver.

During my time in the waiver, I got married. My wife is a US citizen.

I got my I-130 approved.

Can I apply I-485 through her NOW while still in waiver or do I need to WAIT till 2022 when my waiver finishes?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 1, 2020

You can apply now but you will not get a green card until the waiver is approved, possibly requiring you to request delaying adjudication of the pending I-485. I hope you have a reputable immigration attorney handling your case as these types of waivers are highly complex.

3 Answers | Asked in Immigration Law for Iowa on
Q: Can I get my husband who's a immigrant fr Honduras a Visa even if he's in the United States already he is 21 so am I.

He came to the United States illegally when he was 15. And we just got married and also have a baby together.

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 27, 2020

Did he enter the country legally? Are you a US citizen? Have a free consultation with an attorney anywhere in the USA to discuss these issues and others.

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1 Answer | Asked in Immigration Law for Iowa on
Q: Is there such a thing as a free attorney for an immigration issue? Didnt know.if they had court appointed ones or not?
Jean Richardson
Jean Richardson
answered on Feb 8, 2020

Unfortunately, the government does not provide "free attorney" for immigration cases. If you cannot afford to hire a private attorney, you have to represent yourself in immigration court. You may be able to get legal aid to represent you if you qualify.

2 Answers | Asked in Immigration Law for Iowa on
Q: Can receiving unemployment benefit affect my permanent residency status now or in future when applying for citizenship?

I am a Lawful Permanent Resident and have been recently laid off due to lack of work. My question is whether receiving unemployment benefit will be a ground for termination of my Green Card or deportation or preventing me from becoming a U.S. citizen in future?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Oct 14, 2019

Currently you cannot be denied citizenship for LAWFULLY receiving assistance but it can be an issue in several scenarios such as wanting to sponsor someone or if you want to travel abroad. Furthermore the current administration is trying everything they can to disqualify immigrants who have... Read more »

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1 Answer | Asked in Immigration Law for Iowa on
Q: I am permanent resident with an 1-130 petition for my daughter her priority date is 5/7/2018 will a visa be granted soon

The petition was submitted just a few days after her 20 birthday which was May 3, 2018, so as of today she’s 21. I did receive the I-797c notice with the priority date, which is May7th 2018. So Based on the current visa bulletin of July 2019 will her case be moving anytime soon.( is she now... Read more »

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jun 28, 2019

Your daughter’s priority date is current (that’s what the “C” means on the visa bulletin). You and your daughter should be notified soon about being able to file the visa application.

Your daughter’s age will be adjusted backward by the amount of time it took to process the visa petition.

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
PREMIUM
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
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
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 L Mulder
PREMIUM
Kyndra L 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 L Mulder
PREMIUM
Kyndra L 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 L Mulder
PREMIUM
Kyndra L 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 L Mulder
PREMIUM
Kyndra L 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
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 »

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