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Michigan Immigration Law Questions & Answers

1 Answer | Asked in Child Custody, Child Support and Immigration Law for Michigan on

Q: Looking for a Spanish speaking family and immigration lawyer for a case in Pontiac.

Patricia C. Wall-Santiago answered on Aug 19, 2019

Family Law is governed by the State you or your children reside; Immigration law is Federal Administrative Proceedings and any attorney anywhere from within the US can represent you. I am an Immigration attorney in Ft. Lauderdale, Florida with 15 plus years of experience and I am fully bilingual... Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: I want to bring a woman and her son from the Philippines to marry. She is married but her husband left her 11 years ago.

I want to bring her here, divorce husband, and marry. I know Philippines make it difficult to divorce.

Stephen Arnold Black answered on Aug 11, 2019

I see cases like this from the Philippines quite frequently. There is an effective strategy that can be pursued in 2 stages that will result in a successful outcome. Counsel anywhere in the USA can represent you. Discuss with counsel.

1 Answer | Asked in Immigration Law for Michigan on

Q: Do we need to file 130A for her husband? Can we file H1B for her after 130 filed? or we can't as she will have gc files?

I am planning to file 130 for my sister who is married to H1B guy and live in US on OPT.

Hector E. Quiroga answered on Jul 11, 2019

You file and I-130 for your sister. It is not necessary to complete any separate forms for her husband. A copy of their marriage certificate will show they are married. That is sufficient.

2 Answers | Asked in Immigration Law for Michigan on

Q: can I still adjust status ( I 485) While in the US through the immigration court?

Came to country legally through marriage to a us citizen, I have I 94 and Had conditional green card, after being the in The us for about a year, end up divorcing my US citizen wife, Immigration accused me of sham marriage and out me under removal proceeding.

My mom is a us citizen and... Read more »

Kevin L Dixler answered on Jun 13, 2019

A foreigner who enters the United States with conditional resident status cannot be petitioned and adjust status With anyone other than the person who originally petitioned them.

You will have to prove that you entered the first marriage in good faith. I strongly Recommend that you hire an...
Read more »

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2 Answers | Asked in Immigration Law for Michigan on

Q: When filling an i129 fiance visa.. does petitioner have to provide criminal record check or just a brief history of it

Like why it has happened. Doesnt the USCIS do there own background check.

Deron Edward Smallcomb answered on May 24, 2019

It depends what the criminal history is. If you require a criminal history waiver, you should definitely contact an experienced immigration lawyer for assistance.

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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.

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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.

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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 »

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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.

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