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Kentucky Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Kentucky on
Q: Under form I-864, are there any restrictions on whether people with past felonies can act as a Joint Sponsor?
Agnes Jury
Agnes Jury answered on Jul 22, 2021

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant.... Read more »

1 Answer | Asked in Immigration Law for Kentucky on
Q: What is the difference between "Legal Prospective Immigrant" status and a Green Card in the US Citizenship Act of 2021?

While I understand that this act has not passed either the House or the Senate as of yet, and as such is not yet law, I do not understand the fundamental differences in the 6-year LPI status vs. the current specifications of the Green Card. To my understanding, both LPI status and a Green Card... Read more »

Adan Vega
Adan Vega answered on Feb 25, 2021

The best way to explain the proposed "Legal Prospective Immigrant" (LPI) status is to first view the definition of the term " Prospective". "Prospective" means "expected or expecting to be something particular in the future".

In the proposed bill...
Read more »

2 Answers | Asked in Immigration Law for Kentucky on
Q: What to do if someone wants to get married while on a student or work visa.

If someone is here on a student visa or work visa can they get married or do they need to go back to their country of origin and apply for a fiance visa.

Mario Musil
Mario Musil answered on Dec 20, 2020

Hello,

Congratulations on your future marriage! Yes, it is possible in most circumstances, for you to stay in the USA and apply for a marriage based green card. The process is discussed in detail on my website:...
Read more »

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1 Answer | Asked in Immigration Law for Kentucky on
Q: Can someone seek refugee or asylum if their family abused them in the past or hate them and feel unsafe in the future?
Kevin L Dixler
Kevin L Dixler answered on Dec 9, 2020

This is a complicated, yet reasonable questions. It requires an appointment. More information is needed.

An asylum applicant must prove that they have a well founded fear of 'persecution.' That means that the nation of citizenship must be unable to prevent harm being caused to...
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2 Answers | Asked in Immigration Law for Kentucky on
Q: My girlfriend is trying to come to the US but we need help on what process to do.

I don't know what process is the quickest or easiest or cheapest because we are both poor and we just need all the help we can get even some advice would help us

Stephen Arnold Black
Stephen Arnold Black answered on Dec 7, 2020

So the most common and expeditious pathway that you can pursue is a fiancée visa. If your girlfriend is overseas, and you have physically met her within the last two years, then you can sponsor her for a K visa. After she immigrates on the fiancée visa, she can adjust status to get her green... Read more »

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4 Answers | Asked in Immigration Law, Adoption and International Law for Kentucky on
Q: I'm engaged to an Ukrainian and am trying to figure out how to get her Green Card after we marry.

The marriage will take place in Ukraine. We anticipate this to be early next year. She also has two children under the age of 18 that I eventually would be adopting.

Adan Vega
Adan Vega answered on Aug 20, 2020

If you are a U.S. citizen you can file the FORM I-129F and request the K-1 on behalf of your fiancee. The two children will be eligible to apply for the K-2 visa.

If you marry abroad, you will have to file the FORM I-130 with USCIS for each of them.

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2 Answers | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Immigration Law for Kentucky on
Q: I was denied entry in a bar and I believe I got racially profiled and discriminated for being an immigrant.

They allowed a white male underage to come in, she asked to check my id and I showed her my american visa and she said no. I asked why she had a problem and she said I need a ky id but I can’t I’m a immigrant. She then proceed to threaten to call the cops. I’m feeling so humiliated, I... Read more »

Timothy Denison
Timothy Denison answered on Jun 12, 2020

What other evidence do you have of racial profiling?

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1 Answer | Asked in Immigration Law for Kentucky on
Q: I sent an outdated I-485 with no I-944 along with I-130 (concurrent filing). How can I fix this without being denied?

While filing for my marriage base green card, I realized that I sent an outdated version. I have yet to receive a confirmation that they have received the paperwork but wanted to know if there were a way to fix this without having to pay for the paperwork again. Is there a number to dial so that I... Read more »

Adan Vega
Adan Vega answered on Apr 21, 2020

If the outdated FORM I-485 is not accepted for processing by USCIS then your adjustment of status filing along with the filing fee will be returned to you.

At this juncture, you need to wait for the FORM I-485 receipt from USCIS or the return of your filing.

Good luck to you.

1 Answer | Asked in Immigration Law for Kentucky on
Q: Will the following issues affect my F2 to F1 status change?

I am on F2 and got admission in a US university for this fall 2020. I want to change my status from F2 to F1. Recently, the USCIS has added a new section in I-539 form on public benefits.

I used an emergency Medicaid for pregnancy in June 2018. My baby is receiving SNAP and Medicare... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 1, 2020

Benefits received by family members should not impact your public charge determination.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Kentucky on
Q: If a non citizen served time for a felony offense but didnt get deported for it still be later on deported ?

Considering their criminal history can they get deported? Also how long is the deportation process

Timothy Denison
Timothy Denison answered on Feb 8, 2020

Yes. They can still be deported for it later. Upon seizure the deportation process is usually about 60 days.

1 Answer | Asked in Immigration Law for Kentucky on
Q: Would like to bring my British wife to the us but I don’t want to sponsor - how does that work?
Stephen Arnold Black
Stephen Arnold Black answered on Feb 2, 2020

She can travel her on the VWP program to visit.

1 Answer | Asked in Immigration Law for Kentucky on
Q: Can a K1 Visa holder be around firearms, use firearms at the range, and transport?

I am currently getting ready to file for a K1 visa for my fiance. I have not found anything online that tells me a definite answer on this. I have a CCDW and own multiple guns. I am located in Kentucky.

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Check with your state for exact requirements on these activities. Go back to the CCDW people, they may know. I expect that AT LEAST permanent residence is required. Your fiancée should have PR about 6 months after wedding and filing application for PR and interview at USCIS. So that may help... Read more »

1 Answer | Asked in Immigration Law for Kentucky on
Q: My wife came from Ecuador on a travel visa , we got married 1-11-20 . She can stay 6 months on the travel visa , what to

What do we do please

Stephen Arnold Black
Stephen Arnold Black answered on Jan 23, 2020

She can adjust status to obtain her green card but if you married her within 90 days of her entering the states with a tourist visa then expect enhanced interrogation at your green card interview as to her true intent. Consider working with an attorney to help you. Counsel anywhere in the USA can... Read more »

2 Answers | Asked in Immigration Law for Kentucky on
Q: My wife is a US Citizen, sponsoring me. she has 3 kids, all US Citizens and adult. Do I list them on I-485 as stepkids?

Page 8, Part 6 of the I-485 asks to indicate the total number of all living children, which includes stepchildren … my wife, who is my sponsor, has 3 adult children from previous marriages. Technically, they are my Stepchildren, but they are already US Citizens by birth. How do I proceed with this?

Stephen Arnold Black
Stephen Arnold Black answered on Jan 13, 2020

Consider working with an attorney so your application will be processed correctly. Long delays or outright denials occur when lay persons attempt to handle the case on their own.

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1 Answer | Asked in Immigration Law for Kentucky on
Q: So my H1 visa has been expired and we have applied for extensions after few days! N I got my receipt for new extension.

So my H1 visa has been expired and we have applied for extensions after few days! N I got my receipt for new extension. So there’s 15days gap between expiry and new receipt date. While I didn’t work in this 15days, I started working after I got my receipt. But while my h1 extension is under... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 2, 2020

You must answer yes, because there is a 15-day gap between the expiration date and the extension receipt date.

1 Answer | Asked in Immigration Law for Kentucky on
Q: When can I apply for citizenship

?

My husband is in the military and is getting stationed in Germany next December that is December 2020. I am in his orders and i am aware that I qualify for expedite citizenship. I wanted to know how many days ahead can I apply for the citizenship??

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Oct 24, 2019

Dear Military wife,

Thank you for supporting your husband in his decision to be a member of the US Armed Forces.

You can go to the USCIS website and find helpful information regarding requests to expedite a naturalization application for spouses of military personnel....
Read more »

3 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
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
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
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...
Read more »

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".... Read more »

Timothy Denison
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.

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