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Kansas Immigration Law Questions & Answers

1 Answer | Asked in DUI / DWI and Immigration Law for Kansas on

Q: Can a dui diversion affect immigration status(green card holder) it's 1st offense.

I was arrested for dui BAC 0.26 (1st offense)no injuries,no accident,no body is hurt and now i am in diversion programm can this diversion affect my immigration status.i am a permanent resident (green card holder)

Deron Edward Smallcomb answered on Feb 28, 2019

It will likely affect your ability to become a citizen for at least five years, but it is unlikely they will try to take your green card.

1 Answer | Asked in Immigration Law for Kansas on

Q: Am I able to do an foia request for my daughter's father's alien #, in order to file for his replacement resident card?

I've tried to do the application for his replacement resident card without his alien number, but they rejected the application and told me to redo the application once I've obtained the alien number. I've looked up that I can do an foia request, but would I be denied since I'm requesting his alien... Read more »

Osarumwense Iyamu answered on Feb 6, 2019

Your daughter's father has the option of going to the local USCIS office to get that information or alternatively request his immigration file from USCIS based on FOIA and get the information from his immigration file. Good Luck!

1 Answer | Asked in Civil Rights, Constitutional Law and Immigration Law for Kansas on

Q: Hello my brother is in jail police arrest him for 5 chargers like false documents ,been ilegal ,cros the border ?

The cuestion is can you guys help or do something he still waiting hes sentence ?he went to mexico and come back he had deportation order before he change his name how could you help ?he is on Missouri i what you to know he is sick so he need surgery he is on pain he is been here caming and going... Read more »

Gary Kollin answered on Aug 14, 2018

Hire an attorney for him

1 Answer | Asked in Criminal Law and Immigration Law for Kansas on

Q: Will pre-trial diversion affect my chance at renewing DACA?

I was arrested on November 2017, for possession of marijuana and possession of paraphernalia. I was told to do a pre-trial diversion program, which I completed successfully last month. My charges were dismissed completely. I am renewing my DACA this month. I have consulted with my lawyer but she... Read more »

Hector E. Quiroga answered on Aug 3, 2018

Any time a court places a restriction on you, the government considers that a conviction for immigration purposes. In your case, the requirement to participate in this diversion program was a restriction, so for immigration purposes you have been convicted. It will have an impact on your DACA... Read more »

1 Answer | Asked in Immigration Law for Kansas on

Q: If we have not met in person is it difficult to get a fiance visa? What would be our best course of action to take?

My fiance and I met on line over 3 and a half years ago. We fell in love over this time and now we both want to marry and have him emmigrate permanently to the US. We have communicated through video chats, 4-8 hour long calls daily, and messages, but we want to make everything legal and share our... Read more »

Carl Shusterman answered on Jun 21, 2018

Meeting in person is generally required for either a fiance or spouse visa unless there is good cause to waive the requirement. Skyping or other forms of communication are not adequate. The idea is to avoid such things as mail order brides, a relic from the distant past. Given current technologies,... Read more »

1 Answer | Asked in Immigration Law for Kansas on

Q: Green card for 19 years. 9 month stay outside ending in June 2015. Physically present since. When can I file N400

My calculations suggest I can file in March 2020. Can I go for 4 year 1 month rule (sensible construction of statute argument)? How about filing at four years six months and one day (to avoid a stay of over 6 months within statutory 5 year period)?

Carl Shusterman answered on May 21, 2018

You can file your N-400 immediately as long as you have been physically present in the US for at least 30 out of the past 60 months.

1 Answer | Asked in Immigration Law for Kansas on

Q: Being an immigrant trying to get certified to be a Citizen how long is the process?What are all the main steps?

Maya King answered on Mar 8, 2018

If you are talking about applying for naturalization, it can take anywhere between 4 months to 1 year depends on your jurisdiction. In Kansas City, it's generally pretty fast. However, it depends on the background checks and security clearance. You can file the N-400 on your own, or you could... Read more »

1 Answer | Asked in Immigration Law and Traffic Tickets for Kansas on

Q: What should do I do to avoid any circumstances for two traffic tickets in my next appearance in the court?

I'm F1 visa student who just moved to Missouri from Kansas state and I couldn't get a driver license from Kansas City, MO since my visa has expired. Anyway, when I was a resident in overland park, Kansas City, I had two tickets. The first one for "failure to avoid a collision" and the second one... Read more »

Maya King answered on Feb 11, 2018

Generally speaking, not knowing the law is not a defense. You should seek a traffic attorney if you don't know what to say in Court. I will also seek the advice of an immigration attorney to fix your F-1 Out of Status as soon as you can. It is not a good idea to drive without a driver's license.

1 Answer | Asked in Immigration Law for Kansas on

Q: Are citizens expected to report to authorities for an "anchor baby" situation?

We know a couple who arrived just a week ago and the wife is fully pregnant (8 months, at least). At least, the wife is going to stay here until the end of March. What (if any) should we do? The husband, who just arrived with her, is heading back home in two days on some family emergency in Dubai... Read more »

Maya King answered on Feb 8, 2018

It depends on her visa status. She can apply for an extension if she needs to stay longer. You should talk to a lawyer to make sure all your questions are answered.

1 Answer | Asked in Immigration Law for Kansas on

Q: Charged with public intoxication. I paid fine and complete the PDP program. How would that affect my green card renewal?

It was my first criminal offense. I was never arrested. I just had to go to the court and pay the fine. If I didn't do the PDP program, I would have had a hearing and presented in front of the judge

Maya King answered on Feb 7, 2018

You should have all the paperwork ready and disclose honestly on your green card renewal application. See an attorney if you are not sure how to do it. Good luck

1 Answer | Asked in Immigration Law for Kansas on

Q: Dual Citizenship: German and American

I am German Citizenship and am applying for US Citizenship right now. I just found out that the moment I accept the US Citizenship I will automatically loose my German one UNLESS I applied and received a retention permission from Germany before I accept the US Citizenship. I just applied for that... Read more »

Maya King answered on Feb 5, 2018

You are not a U.S. citizen until you have been sworn in. Even after you pass the interview, you cannot call yourself a U.S. citizen until you receive the naturalization certificate. It's common to reschedule interviews or oath dates, people travel, get sick, etc. However, failing to appear more... Read more »

1 Answer | Asked in Immigration Law for Kansas on

Q: Getting married soon but wife and I won't live together until September. Need to file for a green card. Currently on H1B

Since we won't be living together until September, should I submit evidence proving our marriage is in good faith when I file for the green card in February? I am currently on an H1B visa.

Maya King answered on Jan 17, 2018

You should always submit evidence of your relationship and supplement it. If you are unsure about what to do, your should contact an experienced immigration attorney for assistance.

2 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for Kansas on

Q: Does my aunt need to appear in court or can she just pay a fine? What are the possible penalties?

My aunt who is an illegal immigrant got pulled over for going 45 in a 35. The officer gave her a warning for speeding but gave her a slip that says she has to appear in court for driving without a driver’s license. This is her first time getting in trouble for anything. Because she is a single... Read more »

Roger Carl Algase answered on Jan 9, 2018

Before doing anything else, your aunt needs to consult with an immigration lawyer who is experienced in both criminal law and deportation law. This is a situation that could very possibly lead to serious problems for her.

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1 Answer | Asked in Immigration Law for Kansas on

Q: My husband lives in Mexico & I'm wanting to fill out for his papers. How much & long would the process be

However he hasn't traspassed the U.S

Matthew J Hartnett answered on Jul 29, 2017

The filing fee for a permanent resident or US citizen to file for their spouse that the US government charges is $535. In addition, lawyers charge fees to prepare if you hired an attorney. It depends on a number of factors in terms of length of time the process would take. Consider consulting... Read more »

1 Answer | Asked in Immigration Law for Kansas on

Q: I am a US citizen. My husband's 2-year green card expired 3 years ago (while overseas). Can he get 10-year card now?

Before his 2-year card expired, we moved overseas together. He now wants to move back but wants to get a 10-year green card. Is that possible?

Jennifer Lynn Cervantes answered on Jul 10, 2017

You really need to contact an immigration attorney.

From what I understood from your question: he obtained his green card based on your marriage and obtained a conditional 2 yr. green card. He then left country and remained overseas.

In order to remain a permanent resident, a...
Read more »

1 Answer | Asked in Immigration Law for Kansas on

Q: H1B for 9yr & quit job 1 month back.Does it put me in out of status?Can I do a H1B transfer now if I find a new job soon

Been in H1B with green card priority date:Apr 2010. Had to leave job 1st week of June for personal reasons. Applying for jobs and taking interviews right now. My question is will I be able to transfer from previous job to new one when I get one in next week or should they apply a new one in the 60... Read more »

Roger Carl Algase answered on Jul 3, 2017

There is now a 60-day grace period to file an H-1B transfer petition, beginning from the date of your last day at work in the job you have just left.

1 Answer | Asked in Immigration Law for Kansas on

Q: As a salvadorian how do i get a police record for immigration purpose since i have to be present to get one

Kyndra Mulder answered on Jan 12, 2017

Check with the requirements for ES on the NVC website and on the ES website. Some countries allow you to give power of attorney to someone or an attorney in ES. The requirements of the NVC have recently changed for various countries.

1 Answer | Asked in Immigration Law for Kansas on

Q: hello i just want to ask coz we are here in the US for a b1/b2 visa

but suddenly while are here for vacation we have came to decide to let our 6 year old child to study here, how can we convert our visa?

Kyndra Mulder answered on Dec 28, 2016

I suggest you consult with a experienced immigration attorney who will determine whether you qualify for any visa. Do not overstay your visas. An overstay will make it very difficult to receive new visa or extend your current visa.

1 Answer | Asked in Immigration Law for Kansas on

Q: I am a naturalized citizen. We want to apply green card for my mom while she is on a b-2 visa. is that safe to apply?

can we apply for her after 60 days she entered united state?

( SHE is coming to help with my new born baby)

Shan Dimitris Potts answered on May 12, 2016

If you are a US citizen you can apply for her but the approval process might take a while depending on which country your mother is from. I suggest talking to an immigration attorney to get some help and guidance regarding this matter. Many immigration attorneys including me offer free... Read more »

1 Answer | Asked in Immigration Law for Kansas on

Q: If I am a U.S. Citizen and I marry an illegal from Nicaragua does he have to go back there before he can have his papers

Shan Dimitris Potts answered on Jan 19, 2016

It depends on how he entered the country. There are ways to do it where he does not have to leave the country. It all depends on the attorney. Many immigration attorneys including me offer free consultations, make use of the consultations and talk to an attorney soon. All the best.

-Shan...
Read more »

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