Michigan Immigration Law Questions & Answers

Q: Hello. I filed the i-130 for my husband. I am now working on the i-129 for a K-3 visa. One of the questions asks:

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jan 4, 2019
Allen C. Ladd's answer
Your husband has only one child, correct? The child you have together, right? Then the answer is clear, he (the beneficiary) DOES have a child. That is exactly what the question is asking about.

If you have children through another relationship, they are his stepchildren, and it is my practice to list them as well, and when possible to identify them as his stepchildren, regardless of their age. Other attorneys may differ, but that is in my opinion the best way to approach the...

Q: The question in N-400 application is: Have you ever claime?

2 Answers | Asked in Immigration Law for Michigan on
Answered on Jan 4, 2019
Allen C. Ladd's answer
Answer "Yes" and explain on the attachment. Probably a good idea to prepare an affidavit as well, and see if you can get back-up from the state HHS agency. Hire a lawyer to help with this, it will make it less stressful and give you more control. Contact the state bar in your state for its lawyer referral service. You will likely get a low-cost or no-cost consultation and perhaps reduced fees.

Q: F2 (Wife's F1) to H4 (My H1) Change of status for kids!

1 Answer | Asked in Immigration Law for Michigan on
Answered on Aug 14, 2018
Hector E. Quiroga's answer
Your kids’ COS applications are independent from their mother’s. Kids can remain in US. The best visa for her would be the B2.

Q: I am a green card holder want to marry Mexican girl(present in USA on tourist visa).Can she stay in USA after marriage?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jul 9, 2018
Hector E. Quiroga's answer
She cannot stay past the expiration date of her I-94. If you become a citizen, then she would not necessarily have to leave. There is no guarantee that she wouldn’t be deported, though. We suggest you speak with an immigration attorney about your case.

Q: Is it going to be okay if I get married to a US citizen if my visa has already expired?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jun 15, 2018
Carl Shusterman's answer
Yes, your US citizen spouse can sponsor you for a green card and you can adjust your status to permanent resident without having to leave the US.

Q: I currently have both OPT EAD and TPS EAD.Can I work as a UBER driver using my TPS EAD? without affecting my OPT EAD?

1 Answer | Asked in Employment Law and Immigration Law for Michigan on
Answered on May 23, 2018
Carl Shusterman's answer
I would not do so. Since TPS is being cancelled for so many countries recently, it is much safer for you to only use your OPT EAD.

Q: A friend got a green card, but then was fired a month or so after, is that a problem?

1 Answer | Asked in Immigration Law for Michigan on
Answered on May 11, 2018
Carl Shusterman's answer
No, that should not be a problem.

Q: Can my fiance from Thailand come and stay with me before we're married,

1 Answer | Asked in Immigration Law for Michigan on
Answered on Apr 29, 2018
Carl Shusterman's answer
A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States (Green Card holder). Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration...

Q: How long can you have an H1B visa?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Apr 29, 2018
Carl Shusterman's answer
H-1B visa holders are entitled to remain in the US in that status for a maximum period of six (6) years by statute. The six year maximum limitation can be reset upon the H-1B visa absence from the US for one year. Hence, once the H-1B visa holder completes her six (6) year term on H-1B visa, then departs the US for one full year, she is entitled to receive another six year term on H-1B visa. Such second six year term is subject to the numerical cap.

Prior to the enactment of the...

Q: Do I need a sponsor?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Apr 16, 2018
Hector E. Quiroga's answer
If you are working lawfully, you can be your husband’s “household member” and include your income with his.

Q: I had a misdeamonar 2014 and it was dismissed 2016 and dismissed from immigration2017

1 Answer | Asked in Immigration Law for Michigan on
Answered on Mar 21, 2018
Elisha F Svosve's answer
I recommend you consult a competent immigration lawyer for a complete assessment of your arrest details and immigration case..

Q: Will by father be forced to leave the U.S. if there was a misanswered question on his green card application?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Mar 18, 2018
Elisha F Svosve's answer
That really depends on the mistake made, the implications (if any), and as well as what the correct answer should have been on the application. He needs to contact an immigration lawyer for a full assessment of his case.

Good Luck,

Finesse Law Firm

Q: What happens if laws change while waiting for a response to an i130 petition?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Feb 1, 2018
Hector E. Quiroga's answer
In general if you’ve applied for a benefit under the law, and the law changes, you will be grandfathered under the older version of the law.

Q: My husband has a ban, we have been married for 15 years and have 2 daughters, is there anything we can do?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jan 30, 2018
Michael Hugh Carlin's answer
You need to provide more detail on what you mean by "ban."

Q: Concerning federal poverty level. Are disabled ssdi and veterans benefits countable income for poverty chart?

1 Answer | Asked in Social Security, Tax Law, Public Benefits and Immigration Law for Michigan on
Answered on Jan 30, 2018
John Joseph Rizzo III's answer
I believe the answer could change based on the facts. For instance, many people use SSDI and SSI interchangeably when they are very different programs. If you receive SSI, you should be automatically eligible for the fee waiver. If you receive SSDI, that will probably count against you when looking at the federal poverty levels. Veterans benefits would be similar. A pension should automatically grant eligibility, but compensation would count against you. If you could confirm the benefits...

Q: If an asylee goes to court, can that affect his/her status in any way?

2 Answers | Asked in Immigration Law for Michigan on
Answered on Jan 25, 2018
Kevin L Dixler's answer
The question is unclear. More information may be needed.

If your asylum is sent to the Executive Office of Immigration Review, which is immigration court, then the DHS cannot approve the asylum claim. As a result, DHS plans to deport you unless you can prove to an immigration court that you qualify for asylum. The referral means that USCIS has denied your asylum claim.

It’s uncl why it denied the asylum. I strongly recommend an appointment with a competent and experienced...

Q: How long does the deportation process usually take in the state of Michigan?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jan 18, 2018
Michael Hugh Carlin's answer
The answer to the question depends on a number of different things. If the person is detained by Homeland Security (ICE), then the process many times takes weeks or months, although depending on circumstances, could take a year or longer. If the person is not detained, then proceedings in Immigration Court could take years, sometimes many years.

Q: If you are caught driving without a license and insurance what are your chances of deportation?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Dec 21, 2017
Hector E. Quiroga's answer
Those aren’t the kind of things that in and of themselves would lead to someone’s deportation; however, depending on where you and you husband live, and depending on the relationship between Immigration and Customs Enforcement and local law enforcement, being in the legal system could lead to his detention simply because he could be identified as someone in the US without authorization.

Q: My husband was denied his immigrant visa. Would he be allowed any other visa at this point? Non-immigrant visa, visitor?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Dec 6, 2017
Edit Stelczner's answer
Most importantly, what was the reason for the denial? Was it a marriage-based immigrant visa? Review of your entire documentation is necessary for a tailored answer. Generally for a nonimmigrant visa he will face scrutiny given that he already presented immigrant intent.

Q: As a permanent resident,when can I petition for my wife -who is an international student (F-1)- to get her green card?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Dec 1, 2017
Edit Stelczner's answer
Generally you may petition a relative as a green card holder and then upgrade the petition when you become a citizen. It seems however that she may be able to get her green card before you become a citizen. You need to consider the visa bulletin when filing a petition because a green card holder’s petition for a spouse does not warrant an immediate visa availability (unlike a citizen’s petition). Congrats on your upcoming marriage!

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