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Michigan Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Michigan on
Q: Is pregnancy complications a good reason to get my husband visit usa using humanitarian parole( i131)?

I am having issues with my pregnancy. High probability of syndrome. Can I request my husband to come by filing humanitarian parole?

Kyndra L Mulder
Kyndra L Mulder answered on Aug 18, 2021

You can make the request but it is not likely to be granted.

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1 Answer | Asked in Immigration Law for Michigan on
Q: How to answer the Beneficiary Qualifications RFE received for a new H1B petition due to degree not related to the job?

USCIS is asking to show how the degree is directly related to the job but we provided individual courses from my degree that I have used to perform my job duties with the initial petition. What else will be required to build a strong case to answer this RFE?

Kyndra L Mulder
Kyndra L Mulder answered on Jul 28, 2021

Your question can not be answered without a thorough review of your file.

1 Answer | Asked in Immigration Law for Michigan on
Q: My son had a green card. He moved back to Canada at the age of 15. He is now 24 and married. He would like to move back

What would be the proper forms to fill out? For him and his wife? He left at the age of 15. Graduated top of his class from HS went onto graduating from College in Fire Science to be a fire fighter. He has ties to the local fire dept in which he will be living. And will be sworn in as soon as he is... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jul 7, 2021

Unless your son took steps to make sure he did not abandon his green card, such as coming to the USA often over the years and paying his taxes when he became an adult, he may be considered to have abandoned his Legal Permanent Resident status. Gather up all his paperwork and find a lawyer on the... Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: Work visa

I got to the U.S as a tourist I got a job and the company is willing to sponser me is it possible that i can change my status or i can get a work visa?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on May 26, 2021

Both are possible. However, there is a process that the company has to follow to do this under the immigration laws. Speak to them and ask if their lawyers and HR will handle it. For example, they have to prove that they have a necessity for your skill that no American worker has and that they have... Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: Hi My parents 180 day entry on green card will be done in May.due to Covid in India and health can they travel in July

Both parents are over 70 years with heart and diabetic can they postpone travel till July?

Agnes Jury
Agnes Jury answered on Apr 27, 2021

If your parents want to stay longer than their authorized period right now then they should consider applying to extend their status (form I-539). If they stay longer without permission they will start accruing "unlawful presence" which will have negative consequences for them. However,... Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: Extending stay on a visiting visa due to pandemic

My parents are on a visiting visa to the US from India. They got here before the Pandemic started (December 2019) and was not able to travel back once the pandemic started because of their age and the travel risk. We waited for them to get their vaccinations and so had to extend their stay twice.... Read more »

Agnes Jury
Agnes Jury answered on Apr 23, 2021

The biggest risk in applying for a third time is that if your parents have a 10 year visa and their request to extend status is denied then their 10 year visa will be automatically revoked and it may be harder for them to get a new tourist visa in the future. There is no way to predict the odds of... Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: And company is giving me a job And its is ready to pay me in check Withoust using ssn Can i depost it?

F1 student, is it legal to dep that check or not?

Agnes Jury
Agnes Jury answered on Apr 19, 2021

There are many facts that need to be known that you don't provide to be able to answer this question. You are best to consult with an immigration attorney. Many attorneys offer free phone consultations that may be very helpful for you to start with. Best wishes!

1 Answer | Asked in Immigration Law for Michigan on
Q: Father’s birth name was Konstantinos in Greece, but when he immigrated to USA, he used name Gus. How can I change?

I need to change his legal name to match his birth name because I am wanting Greek citizenship.

Agnes Jury
Agnes Jury answered on Apr 7, 2021

I assume that your dad's name on your birth certificate is Gus and in order to get Greek citizenship you need to show that Gus is Konstantinos. Making changes to a birth certificate is done through the Vital Records office. https://www.michigan.gov/mdhhs/0,5885,7-339-71551_4645_4933---,00.html... Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: f1 un till April 2022 student had I130 approved F2b category if chose AOS processing vs Consular can he travel Canada?
Agnes Jury
Agnes Jury answered on Mar 24, 2021

The AOS applicant/student would have to submit an application for Advance Parole (form I-131) at the same time as the AOS and wait until the Advance Parole (i.e. permission to travel) is granted BEFORE travelling outside the U.S.

If the AOS applicant/student travels without Advance Parole...
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1 Answer | Asked in Immigration Law for Michigan on
Q: Can a prenup stipulate that in the event of separation/divorce the foreign spouse would voluntarily leave US?

I'm 9 years 2 months into a 10 year alimony schedule from first marriage. It greatly affected my quality of life, and retirement options. After reading about i864 nightmares I must end any pursuit of a foreign bride unless there is protection from a possible life long support i864 that... Read more »

Agnes Jury
Agnes Jury answered on Dec 31, 2020

You can enter into a prenup that will specify that your soon to be wife will not ask for spousal support based on your I864 Affidavit of Support or marriage BUT there is no guarantee that the prenup would hold up in Court if challenged by your wife at time of divorce in the divorce case OR in a... Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: I have concerns about the i864 avadavat of support. Can a prenup state the foreign spouse would have to depart US?

The conditions, I found, for ending I864 support was the foreign spouse becomes a citizen, works 10 years, or departs US.

How fast can she become a citizen after receiving her greencard?

Fiancee visa seems quicker to be together, but spouse visa receipt of green card roughly the... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Dec 28, 2020

Your wife can become a USC in three years from the date she receives her LPR status provided you stay married. If the marriage does not last she will need to wait 5 years.

When you bring your spouse to the USA you agree to support her as stated in the I-864. It is not up to you to remove...
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2 Answers | Asked in Immigration Law for Michigan on
Q: Are sponsored green card parents eligible for subsidized healthcare ?

I am 61 years old, I recently got a green card sponsored by my son who filled affidavit of support. I applied for health care in market place showing my income earned on tutoring and getting tax credits. Am I eligible for the benefits?. Should I add my Son's income also?

Kevin L Dixler
Kevin L Dixler answered on Nov 26, 2020

The first issue is whether you will obtain a government benefit based upon having a lower income. That is a means tested benefit! The second is whether the sponsor will be required to reimburse the government for that means tested benefits.

In order to avoid the government from...
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1 Answer | Asked in Criminal Law and Immigration Law for Michigan on
Q: Biometrics Appointment

When you go for your biometrics for a permanent resident card renewal do they ask if you have ever been convicted of a felony or misdemeanor or do you fill out a form that asks if you have been convicted of one of those offenses?

Or is the biometrics appointment just for fingerprints, photo... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Sep 21, 2020

No. However the information is likely to show up on the background check.

2 Answers | Asked in Immigration Law for Michigan on
Q: I had my green card before I married my citizen wife. Our marriage was a traditional marriage,

But we never made a marriage certificate until last year plus We have 2 children. So can I file my citizenship application based on marriage? Thanks.

Adan Vega
Adan Vega answered on Sep 20, 2020

You can file for naturalization after you have been lawfully married to a U.S. citizen for at least 2 years and 9 months and you have held the resident status for that same period of time or more.

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2 Answers | Asked in Immigration Law for Michigan on
Q: Permanent resident card renewal

A friend of mine has been living in the US since June 2009. He became a permanent resident in July 2011. His permanent resident card needs to be renewed before July 2021 (he has been here a little over 11 years now).

He was just recently given a citation. It says he was in violation of... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Sep 12, 2020

Hey, a misdemeanor could affect the approval of a greencard renewal. Your friend has to discussed with a criminal attorney about the consequences this charge. Your friend should also schedule a consultation with a competent immigration attorney. Many law firms, including mine, offer telephone or... Read more »

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1 Answer | Asked in Immigration Law for Michigan on
Q: Filing for adjustment of status concurrently with i-130 if spouse is a Permanent Resident

I am on OPT STEM EXTENSION. My wife is a PERMANENT RESIDENT. Can we file i-130 and i-485 concurrently? If yes, how long would it take to get my work authorization?

Kyndra L Mulder
Kyndra L Mulder answered on Sep 11, 2020

You may adjust status in the USA through your LPR spouse IF you have NEVER been out-of-status or overstayed a visa. Processing times have been unpredictable lately due to covid. You may receive your EAD anywhere from 12 weeks to 4 months provided all required documents and supporting information is... Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: Is it ok for someone who has a green card to be in a relationship with someone (not married but in a relationship)?

Im dating someone who has their green card now. He has never wanted to put that we're in a relationship on his social media. When I ask why, he says it's because immigration checks his social media and messages and when he had first got caught by them (before he had his green card &... Read more »

Barry Lee Frager
Barry Lee Frager answered on Jul 22, 2020

There seems to be more going on in this fact pattern than you are aware. A unmarried green card holder should have no fear dating anyone he wants to date. Unless, he obtained his green card through a fake marriage, I am not sure why he would be so nervous about his social media reflecting that he... Read more »

3 Answers | Asked in Immigration Law for Michigan on
Q: Hi,Is it compulsory to submit I-944 with I-485.
Stephen Arnold Black
Stephen Arnold Black answered on Jul 7, 2020

Yes, under the new public charge rule those applicants adjusting status to lawful permanent resident must file the 944 form along with the 485. This is the general rule but it’s currently being challenged in court. Until a decision is made the form must be filed.

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1 Answer | Asked in Immigration Law for Michigan on
Q: Immigration visa for Spouse

I am US citizen and my Husband is Indian national. I have applied for his immigration visa to get green card. His I-130 approved and after NVC he is waiting for his Immigration visa Interview(which was scheduled in April but got canceled due to COVID breakout in India). Is a new restriction affect... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jul 5, 2020

Hi, there will be some delays during this period. The new trump restrictions is mostly for work visas H1b, L, J visas. Your husband should be fine as his process has already been approved and he is just in a waiting period.

Hang in there! and contact me if you have further questions and...
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1 Answer | Asked in Immigration Law for Michigan on
Q: For adjustment of Status.Filled all forms I-485,I-131 I-130,I-130a,I-765, I-864.What will be review fee from lawyer
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 22, 2020

Hey, first of all, it looks like you are missing one important form for adjustment of status. I offer a review service for an affordable flat fee which includes Providing your Cover Letters, Ensuring all supporting documents, fees and signatures are included and mailing the package.

Every...
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