Kentucky Immigration Law Questions & Answers
Q: Will getting an Earned Income Tax Credit or an ACA Exemption affect my chances of being granted permanent residency?
Hector E. Quiroga's answer
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.
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.
Q: How will the break in diplomatic relations between the US and Venezuela affect my partner in getting his K1 visa?
Kelli Y Allen's answer
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.
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.
Q: I'm in the early stages of trying to bring my soon to be fiance to the US. What is the best route?
Kelli Y Allen's answer
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 process, so there's no reason to consider that when he has the other options based on marriage. You absolutely need to hire an experienced immigration attorney to handle this process on your behalf.
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 process, so there's no reason to consider that when he has the other options based on marriage. You absolutely need to hire an experienced immigration attorney to handle this process on your behalf.
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's answer
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.
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.
Q: Can my husband adopt my daughter if he is not a citizen? He is from mexico and is starting the process for citizenship.
Timothy Denison's answer
It will vary widely from court to court, but generally speaking, he should be able to adopt her.
It will vary widely from court to court, but generally speaking, he should be able to adopt her.
Q: Can I use my ITIN instead of a SSN on form W-4 where it asks for a SSN?
Frank Huerta Jr's answer
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.
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.
Q: As a us citizens, can I sponsor a parent who overstayed in usa for a week? And file a I-485?
Carl Shusterman's answer
Yes. Parents of US citizens are "immediate relatives" and can adjust their status in the US even if they overstayed.
Yes. Parents of US citizens are "immediate relatives" and can adjust their status in the US even if they overstayed.
Q: I have a friend from Lebanon that has a green card & it is expired, what can they do?
Carl Shusterman's answer
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 U.S within one or two years and lost their immigration status.
The Green Cards are valid for one year, so you must return from your travels to the U.S within that period of time. If you know...
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 U.S within one or two years and lost their immigration status.
The Green Cards are valid for one year, so you must return from your travels to the U.S within that period of time. If you know...
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
Carl Shusterman's answer
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 approval.
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 approval.
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?
Carl Shusterman's answer
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 with expertise in the alien’s area of ability;
A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be...
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 with expertise in the alien’s area of ability;
A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be...
Q: I Submitted my renewal for DACA back in oct 2017, I call the USCIS and they say it was denied due to response.
Hector E. Quiroga's answer
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 was USCIS’s fault, you might need to start over.
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 was USCIS’s fault, you might need to start over.
Q: Can I??
Timothy Denison's answer
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.
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.
Q: My girlfriend has started divorce proceedings, but she obtained her green card through this marriage. Will she be deport
Edit Stelczner's answer
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.
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.
Q: Can someone get income by being involved in direct sales / MLM while on a H1? Thanks
1 Answer
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Answered on Jun 16, 2017
Answered on Jun 16, 2017
Roger Carl Algase's answer
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 one's own business or engage in free-lance employment with an H-1B work permit.
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 one's own business or engage in free-lance employment with an H-1B work permit.
Q: Hello , I am an alien i have a asylum pending case , and an approved I-130 application , what should I do? Thankfully
Kyndra Mulder's answer
Depending on who filed the i-130 for you, you can dismiss your asylum case and file an adjustment of status. My suggestion is that you consult with an experienced immigration attorney before you make a decision.
Depending on who filed the i-130 for you, you can dismiss your asylum case and file an adjustment of status. My suggestion is that you consult with an experienced immigration attorney before you make a decision.
Q: I intend to obtain a K 1 fiance visa for my girlfriend. Issue is she over stayed her prior student visa by 5 yrs. Hope?
Kyndra Mulder's answer
Your fiancé will need a hardship waiver or she will need to wait 10 years from the date she last departed the USA before she can be granted a visa.
Your fiancé will need a hardship waiver or she will need to wait 10 years from the date she last departed the USA before she can be granted a visa.
Q: Non USA citizen parents give birth to a child in USA. Are they eligible to stay because of the child after visa expires?
Shan Dimitris Potts' answer
They will have to leave the country. The child can only help their parents' after turning 21. If the parents' country allows dual citizenship, it is in the best interest of the parents to register their child as a U.S. citizen and also get a U.S passport.
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 general...
They will have to leave the country. The child can only help their parents' after turning 21. If the parents' country allows dual citizenship, it is in the best interest of the parents to register their child as a U.S. citizen and also get a U.S passport.
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 general...
Q: I met my fiancé online and I plane on going in December to be married
Camlinh Nguyen Rogers' answer
There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
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