Kansas Immigration Law Questions & Answers

Q: If you married somne who was illegal unknowingly and left 2 days after and haven't heard or seen them in 18 years a

1 Answer | Asked in Immigration Law for Kansas on
Answered on Dec 26, 2018
Kevin L Dixler's answer
No one unknowingly gets married. If you were married, and the marriage was registered and/or lawful, then the state rules of law apply where the marriage took place.

All human beings are legal for marriage purposes unless they are blood related to you or already married to someone else.

If you ‘did not’ consummate the marriage, but waited too long to take action, then you may still need a divorce, not an annulment. If you marry without divorce, you may commit bigamy, which...

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

1 Answer | Asked in Criminal Law and Immigration Law for Kansas on
Answered on Aug 3, 2018
Hector E. Quiroga's answer
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 renewal. You’ll want to consult with an immigration attorney to see what your options are.

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?

1 Answer | Asked in Immigration Law for Kansas on
Answered on Jun 21, 2018
Carl Shusterman's answer
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, people all over the world are able to have serious relationships without meeting. Even so, it is still generally necessary to meet in person before proceeding with US immigrant processing.

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

1 Answer | Asked in Immigration Law for Kansas on
Answered on May 21, 2018
Carl Shusterman's answer
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.

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

1 Answer | Asked in Immigration Law for Kansas on
Answered on Mar 8, 2018
Maya King's answer
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 contact an attorney to do it for you. Good luck.

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

1 Answer | Asked in Immigration Law and Traffic Tickets for Kansas on
Answered on Feb 11, 2018
Maya King's answer
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.

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

1 Answer | Asked in Immigration Law for Kansas on
Answered on Feb 8, 2018
Maya King's answer
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.

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

1 Answer | Asked in Immigration Law for Kansas on
Answered on Feb 7, 2018
Maya King's answer
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

Q: Dual Citizenship: German and American

1 Answer | Asked in Immigration Law for Kansas on
Answered on Feb 5, 2018
Maya King's answer
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 than once for your naturalization ceremony may lead to a denial of your application. I hope this helps.

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

1 Answer | Asked in Immigration Law for Kansas on
Answered on Jan 17, 2018
Maya King's answer
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.

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

2 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for Kansas on
Answered on Jan 9, 2018
Roger Carl Algase's answer
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.

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

1 Answer | Asked in Immigration Law for Kansas on
Answered on Jul 29, 2017
Matthew J Hartnett's answer
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 with an attorney to get more information about your specific situation.

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?

1 Answer | Asked in Immigration Law for Kansas on
Answered on Jul 10, 2017
Jennifer Lynn Cervantes' answer
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 conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. To remove the conditions on a green card based on marriage, you must have filed Form...

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

1 Answer | Asked in Immigration Law for Kansas on
Answered on Jul 3, 2017
Roger Carl Algase's answer
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.

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

1 Answer | Asked in Immigration Law for Kansas on
Answered on Jan 12, 2017
Kyndra Mulder's answer
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.

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

1 Answer | Asked in Immigration Law for Kansas on
Answered on Dec 28, 2016
Kyndra Mulder's answer
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.

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?

1 Answer | Asked in Immigration Law for Kansas on
Answered on May 12, 2016
Shan Dimitris Potts' answer
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 consultations, make use of the consultations.

All the best.

-Shan Potts

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

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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

1 Answer | Asked in Immigration Law for Kansas on
Answered on Jan 19, 2016
Shan Dimitris Potts' answer
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 Potts

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

15 years of successful immigration law experience. The answer above is only...

Q: My priority date is current now but I turned 21 on march 4th, 2014. I was on the F3 visa category. What can I do?

1 Answer | Asked in Immigration Law for Kansas on
Answered on Oct 15, 2015
Shan Dimitris Potts' answer
You may still be able to apply under the previous category if your CSPA adjusted age is under 21. To calculate that age more information is needed, so please contact an immigration attorney in private to help you with this process. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific...

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