Lawyers, Answer Questions  & Get Points Log In

Michigan Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for Michigan on

Q: Im ex military and former immigration gsa guard. My question is there any b2 visa approval cases in which a u.s. freind

Sponsers a seperated foreigner due to marital abandonment? And comes to u.s. temporarily to obtain a divorce. Also husband is in agreement of divorce but has no monies and is ill?

Deron Edward Smallcomb answered on Apr 5, 2019

Each case is evaluated individually by a consular officer. Your previous military experience isn't likely to affect the determination as to whether or not the foreigner has immigration based intent, the key consideration when applying for a visitor visa.

2 Answers | Asked in Immigration Law for Michigan on

Q: Am I eligible for a green card and would it take long?

I want to get a green card, I was born in Mexico and brought over to the US when I was 5 years old by my parents. My parents and I got travel visas and overstayed them. I just turned 20 years old and I didn't apply for DACA. I graduated from Highschool. Now I'm in a relationship with a US citizen... Read more »

Kelli Y Allen answered on Mar 12, 2019

I would need more specific facts to fully analyze your case. If you do marry a US citizen, there is likely a path for you to gain permanent residency but the process depends on several factors. I recommend a full consultation with an immigration attorney.

View More Answers

1 Answer | Asked in Immigration Law for Michigan on

Q: For the I-864 immigration form, is it ok to send a W-2 worksheet in place of the actual W-2?

I can't find my original W-2 for 2016.

Hector E. Quiroga answered on Mar 11, 2019

No, but it doesn’t matter. You don’t need to send your 2016 W2, only your most recent one—ideally 2018 but you can still submit 2017 until the end of March. You can get transcripts of W2s at your local IRS office or online.

2 Answers | Asked in Immigration Law for Michigan on

Q: Can we file the I-130 form after my wife's visa expires?

My wife and I got married February 15. Her J-1 visa expires March 5th. Is it ok if we file the I-130 form after her visa expires? Supposedly she gets a month after her visa expires, but we would like to know if we need to rush to get it done now (living a state away until her program ends in March.)

Kelli Y Allen answered on Feb 24, 2019

You first need to determine whether she is subject to the 2-year foreign residency requirement. Then what you file when will be based on whether you are a US citizen or permanent resident. Consult with an immigration attorney for a full analysis of your case.

View More Answers

1 Answer | Asked in Immigration Law for Michigan on

Q: 3 month residency requirement priority to early filling of n-400

I will be filling n-400 soon based on employment, at the 4 year 9 months mark.

I have been residing at the current address of last 6 years. I haven't been much out of the country much either. I am planning to travel out of the country for 2/3 months once my biometric is done. Is it ok to be... Read more »

Kelli Y Allen answered on Jan 18, 2019

That is not a problem. When you get to your interview, you will just need to notify the officer so that he/she can update your application.

1 Answer | Asked in Immigration Law for Michigan on

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:

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: “Does Your beneficiary have any children?”

The beneficiary is my husband and we have one son together. My husband was not previously married and does not have any previous... Read more »

Allen C. Ladd answered on Jan 4, 2019

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...
Read more »

2 Answers | Asked in Immigration Law for Michigan on

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

A year ago, while I was filling an online medicaid application for my US citizen wife and my son , and me. I mistakenly marked yes that I am us citizen. However after I submitted the application I noticed that mistake and next day I call the department of health and humans services to correct this... Read more »

Allen C. Ladd answered on Jan 4, 2019

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... Read more »

View More Answers

1 Answer | Asked in Immigration Law for Michigan on

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

My wife was on F1 OPT and my kids were on F2 status with her.

I joined them on H1 and filed COS for the kids and got the receipt. Wife's F1 has expired and had to leave to Canada for Employment.

Kids are with me now and status of COS shows "Open - Application Filed with USCIS -... Read more »

Hector E. Quiroga answered on Aug 14, 2018

Your kids’ COS applications are independent from their mother’s. Kids can remain in US. The best visa for her would be the B2.

1 Answer | Asked in Immigration Law for Michigan on

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?

I want to know the possible ways that she can stay with me after marriage without going back to Mexico.

Hector E. Quiroga answered on Jul 9, 2018

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.

1 Answer | Asked in Immigration Law for Michigan on

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

Carl Shusterman answered on Jun 15, 2018

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.

1 Answer | Asked in Employment Law and Immigration Law for Michigan on

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?

Will my OPT EAD get invalid, or will there be any problem when extending my OPT EAD after a year ( I have STEM degree) if I use TPS EAD to work?

Carl Shusterman answered on May 23, 2018

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.

1 Answer | Asked in Immigration Law for Michigan on

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

Carl Shusterman answered on May 11, 2018

No, that should not be a problem.

1 Answer | Asked in Immigration Law for Michigan on

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

or does she need some kind of visa even if she won't be working?

Carl Shusterman answered on Apr 29, 2018

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... Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: How long can you have an H1B visa?

Carl Shusterman answered on Apr 29, 2018

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... Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: Do I need a sponsor?

I am in the US three years, paid taxes every year on time. Got married but my husband doesn't earn enough to sponsor me. Friend of mine told me I don't need a sponsor if I am here more than one year and if I was paying taxes.

So I need a legal answer because I don't want to be refused just... Read more »

Hector E. Quiroga answered on Apr 16, 2018

If you are working lawfully, you can be your husband’s “household member” and include your income with his.

1 Answer | Asked in Immigration Law for Michigan on

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

When can i apply for my citizenship

Elisha F Svosve answered on Mar 21, 2018

I recommend you consult a competent immigration lawyer for a complete assessment of your arrest details and immigration case..

1 Answer | Asked in Immigration Law for Michigan on

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

He has already held the green card for 9 years and the question was misanswered as a mistake. It was only discovered when he was applying for naturalization

Elisha F Svosve answered on Mar 18, 2018

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

1 Answer | Asked in Immigration Law for Michigan on

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

Hector E. Quiroga answered on Feb 1, 2018

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.

1 Answer | Asked in Immigration Law for Michigan on

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

He was given a 10 year ban

Michael Hugh Carlin answered on Jan 30, 2018

You need to provide more detail on what you mean by "ban."

1 Answer | Asked in Social Security, Tax Law, Public Benefits and Immigration Law for Michigan on

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

For government immigration form fee waiver.

John Joseph Rizzo III answered on Jan 30, 2018

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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.