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Kentucky Immigration Law Questions & Answers

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Kentucky on

Q: My husband is planning on sponsoring his father and stepmom from Venezuela. What financial liability do I incur?

I will not be signing anything to help with the process. Also my spouse is military, naturalized U.S. citizen with a Florida residency. I am a natural US citizen born in Missouri and we were married in MO. It is my understanding state residency can influence marital property. I will be coming into... Read more »

Benjamin Williams answered on May 22, 2019

You can look up Form I-864 Affidavit of Support and read the instructions to find out what it means to become the financial sponsor for an intending immigrant. Basically it is a contract with the government stating that you can support the immigrant and will not allow them to become a "public... Read more »

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1 Answer | Asked in Immigration Law and Employment Discrimination for Kentucky on

Q: Can I travel outside USA when my EAD (under category A180) is under process?

I have a L2 VISA (valid till Sep 2021) and I have applied for EAD under category A18, and the application was received by USCIS (DALLAS, TEXAS center) on May 2nd 2019.

My spouse has a valid L1 VISA (valid till Sep 2021) and is currently employed in United States.

My question is,... Read more »

Hector E. Quiroga answered on May 15, 2019

As long as you are returning to the US on a valid L2, then a pending EAD application will not impact your ability to reenter in and of itself, nor should your brief absence impact your EAD application.

1 Answer | Asked in Immigration Law for Kentucky on

Q: my spouses family would like to help us purchase or payoff current house. Is this ok after applying for green card?

Her mother sending money over. Paying off house and then putting spouse name on the house. We were told to hold off on doing this. But it seems odd if we have the ability to pay it off soon

Kevin L Dixler answered on Apr 22, 2019

More information is needed. Who is telling you this? Why? Sometimes, such an action may complicate matters. Is the property in the name of the U.S. Citizen, or to be held jointly with the foreigner?

I strongly recommend an appointment or teleconference with a competent and experienced...
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1 Answer | Asked in DUI / DWI and Immigration Law for Kentucky on

Q: I'm looking for an opinion and maybe direction on entering Canada through International Falls for a fishing trip?

To explain, I've learned entering Canada after a DUI is difficult. I had a DUI in Californian in 2007. I completed a 6 month program and applied to have the case expunged. My attorney and I were successful. As of 2012, my case now shows "not guilty", "case dismissed". I have the court document... Read more »

Timothy Denison answered on Mar 18, 2019

If the case was dismissed and shows it was dismissed, you should not have any trouble. If the case was expunged and there is no record of it, you should likewise gave no trouble. It only likely becomes a problem if there was and is a conviction.

1 Answer | Asked in Immigration Law for Kentucky on

Q: Will getting an Earned Income Tax Credit or an ACA Exemption affect my chances of being granted permanent residency?

I am filing for Removal of Conditions this year on my K-1 Visa. Last tax year, we got an EITC and ACA Exemption. Now we’re worried if those would be considered as conditions of being a public charge. Hoping to correct the situation before it’s too late.

Hector E. Quiroga answered on Mar 11, 2019

First, you’ve already passed the period when a public charge determination would be made. Filing the I-751 doesn’t change that. As long as you are otherwise eligible for those things, you won’t have any problems.

2 Answers | Asked in Immigration Law for Kentucky on

Q: How will the break in diplomatic relations between the US and Venezuela affect my partner in getting his K1 visa?

My partner has had his interview for the K1 visa at the US embassy in Caracas. He only needs to submit his medical results along with his passport for the visa to be affixed. He is ready to submit those results but my concern is how will the rupture in diplomatic relations between the two countries... Read more »

Kelli Y Allen answered on Jan 23, 2019

If the U.S. embassy there closes, yes, he would have to process in a neighboring country and that would likely cause a significant delay. Otherwise, as long as the consulate is open, processing should continue as usual.

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1 Answer | Asked in Immigration Law for Kentucky on

Q: I'm in the early stages of trying to bring my soon to be fiance to the US. What is the best route?

He's currently in school in Canada through Saudi Arabia. I am a US citizen by birth. This is a same sex relationship. I do understand that there are laws regarding asylum and port of entry (since he's already in Canada) can he come to the US on a visitor Visa and then seek asylum before we begin a... Read more »

Kelli Y Allen answered on Jan 16, 2019

You can either file a fiance visa petition or you can go to Canada to marry and then start the spousal visa petition process. He definitely should not enter with a B2 visa and try to adjust status, as that is an improper use of a non-immigrant visa. Asylum is a much longer, more difficult... Read more »

1 Answer | Asked in Immigration Law for Kentucky on

Q: My father was denied visa 30 years ago. I forgot to mention it in ds-260. Is it going to create problem?

Allen C. Ladd answered on Jan 4, 2019

Just correct it. Contact the National Visa Center and tell them you forgot, and ask for their advice, and then document that you got that advice.

2 Answers | Asked in Adoption and Immigration Law for Kentucky on

Q: Can my husband adopt my daughter if he is not a citizen? He is from mexico and is starting the process for citizenship.

My husband and I were married in March of this year and he is trying to go through the process for citizenship but in the meantime can he still adopt my daughter even if he is not a citizen? He is from mexico and I know it will be hard for him to receive citizenship due to coming to America more... Read more »

Timothy Denison answered on Sep 6, 2018

It will vary widely from court to court, but generally speaking, he should be able to adopt her.

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1 Answer | Asked in Immigration Law and Tax Law for Kentucky on

Q: Can I use my ITIN instead of a SSN on form W-4 where it asks for a SSN?

I have been offered a job and my employer wants me to fill out form W-4 to withhold taxes. I can’t find an answer as to whether I can use my ITIN instead of a SSN. Please help, someone.

Frank Huerta Jr answered on Sep 5, 2018

If you have a valid social security number that belongs to you, you should use that. An ITIN is for tax filing/reporting purposes. It is not intended to use for work.

1 Answer | Asked in Immigration Law for Kentucky on

Q: As a us citizens, can I sponsor a parent who overstayed in usa for a week? And file a I-485?

My mother entered is usa with a B2 visa

Carl Shusterman answered on Jun 23, 2018

Yes. Parents of US citizens are "immediate relatives" and can adjust their status in the US even if they overstayed.

1 Answer | Asked in Immigration Law for Kentucky on

Q: I am a permanent resident with green card May I sponsor my mother?

My mother has B2 visa

Carl Shusterman answered on Jun 23, 2018

No, only US citizens are allowed to sponsor their parents for green cards.

1 Answer | Asked in Immigration Law for Kentucky on

Q: I have a friend from Lebanon that has a green card & it is expired, what can they do?

They lived in the usa & studied here & went back to Lebanon when a parent became sick & now the green card is expired

Carl Shusterman answered on May 10, 2018

They may be eligible for an SB-1 visa.

The SB-1 visa is given to those people who have previously held an immigrant visa or Green Card for the U.S. They traveled to a different country for a temporary visit, but due to reasons beyond their control or knowledge, they could not return to the...
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1 Answer | Asked in Immigration Law for Kentucky on

Q: my wife was deported on 4/28/2008 (voluntary). we filed a i 601 it was was recieved sept 2 ,2015 . my wife has had 2

interviews in Guatemala both times being denied a visa . why is the 601 taking so long ? now that she has been out of the US for 10 year are what are her chances of her getting a visa now?

Carl Shusterman answered on May 10, 2018

A deportation order blocks a person from returning to the US for 10 years. However, an I-601 does not relate to deportation. If she applied for an I-601 because she was subject to the 10-year unlawful presence bar, and she has been outside the US for over 10 years, she no longer requires an I-601... Read more »

1 Answer | Asked in Immigration Law for Kentucky on

Q: I met a man in Kenya. He is 25 now. We have been in contact for years as family-son relationship. Can he immigrate? How?

He does not have a high school diploma. He works as a chef. He has had training in this. We have known each other about 6 years and met at the Fiwagoh Orphanage 2 times. We have been in contact since that time, and I could never find a visa category that seemed to fit. Is this impossible?

Carl Shusterman answered on May 10, 2018

We represent chefs and get them O visas. However, this category is only for chefs of "extraordinary ability".

A US employer should file the petition (Form I-129) with:

A written advisory opinion from a peer group (including labor organizations) or a person designated by the group...
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2 Answers | Asked in Immigration Law for Kentucky on

Q: I Submitted my renewal for DACA back in oct 2017, I call the USCIS and they say it was denied due to response.

I never received a receipt # nor the deficiency letter that they stated they sent to me. I call the USCIS and they informed me that I was denied due to no response of the letter, which I never received.

what can I do next? can I appeal?

Hector E. Quiroga answered on May 3, 2018

Generally an DACA application cannot be appealed, though if you can show that the reason you did not get any correspondence from USCIS was the fault of USCIS, then you might be able to address the issue. If it was your fault or that of the post office, then you will need to start over. Even if it... Read more »

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1 Answer | Asked in Immigration Law and Adoption for Kentucky on

Q: Can I??

I'm a 58 years old man and I got to meet this 19 boy on Facebook, we've been talking for 2 years now. We haven't met physically but We video chat. I see him as a son to me and I want to help him get to the states to live with me and continue his education here.

Please how do I go about that... Read more »

Timothy Denison answered on Apr 27, 2018

You will have to assist him in getting temporary residence here for school and work. You need to contact an immigration attorney near you to help you assist the young man in coming here.

1 Answer | Asked in Immigration Law for Kentucky on

Q: My girlfriend has started divorce proceedings, but she obtained her green card through this marriage. Will she be deport

She obtained her perminate resident green card through her marriage but she has started divorce proceedings. She and her husband have been separated for quite sometime and she's ready to end her marriage with him. She and her husband also have two children together. They are US citizens living in... Read more »

Edit Stelczner answered on Dec 4, 2017

Most importantly- has she removed the condition on her green card? If not then she will have to file the I-751 with a waiver and as long as the marriage was real she should be OK.

1 Answer | Asked in Immigration Law for Kentucky on

Q: Could my future husband, an American, help me to apply for a Green Card while I am waiting for H-1B 2018 result?

I am on F-1 visa and recently I got selected from the H-1B 2018 lottery. So I am just need to wait for the final result from USCIS. However, my boyfriend, an American, wants to get married with me soon (maybe before I know the H-1B result). My question is whether my H-1B process is terminated as... Read more »

Roger Carl Algase answered on Jun 22, 2017

You can do both H-1B and a marriage green card at the same time.

1 Answer | Asked in Tax Law, Employment Law and Immigration Law for Kentucky on

Q: Can someone get income by being involved in direct sales / MLM while on a H1? Thanks

Previously on J1 now on a H1 through j1 waiver

Roger Carl Algase answered on Jun 16, 2017

An H-1B employee is only allowed to receive income from the H-1B employer as described in the H-1B petition. Working for any other employer would require a new petition or a "concurrent" H-1B petition from the second employer. H-1B also depends on an employer-employee relationship. One cannot run... Read more »

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