Lawyers, Answer Questions  & Get Points Log In

Michigan Immigration Law Questions & Answers

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 »

2 Answers | Asked in Immigration Law for Michigan on

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

Someone might be sending an asylee out to court.

Kevin L Dixler answered on Jan 25, 2018

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...
Read more »

View More Answers

1 Answer | Asked in Immigration Law for Michigan on

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

Said immigrant has a child in the foster care system and is fighting to get custody back.

Michael Hugh Carlin answered on Jan 18, 2018

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... Read more »

1 Answer | Asked in Immigration Law for Michigan on

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

My husband is an illegal immigrant and he has been caught driving without a license or insurance he has had court and the court has said that they are going to report it to immigration what are his chances of deportation?

Hector E. Quiroga answered on Dec 21, 2017

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... Read more »

1 Answer | Asked in Immigration Law for Michigan on

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

We went the consular processing route as he was home in the UK throughout the process. We are now trying to get him home as fast as possible since our first child is due in three months. Would he be approved ANY visa to get him to the states at this point? I know he won’t be allowed ESTA now that... Read more »

Edit Stelczner answered on Dec 6, 2017

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.

1 Answer | Asked in Immigration Law for Michigan on

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

I am a permanent resident living in Michigan. I recently married an international student (F-1 visa holder). I am planning to petition for her to get a green card. I was wondering if I should proceed with the petition or we better wait until I become a citizen (I became a PR last year).

Edit Stelczner answered on Dec 1, 2017

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... Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: Can a 501(c)(3) organization hire an unskilled (non-H-1B Visa) worker for temporary or seasonal labor?

Hector E. Quiroga answered on Nov 21, 2017

It depended on what the work is going to be, but there is nothing in the facts provided to lead one to conclude that such an individual couldn’t be hired by a non-profit.

1 Answer | Asked in Immigration Law for Michigan on

Q: Can my wife's kids from a previous marriage get their visas under my L1a visa even if their father didn't give approval?

Hector E. Quiroga answered on Nov 21, 2017

There are two answers to that question. If they meet the legal definition of children under the INA, even if they are stepchildren they should qualify. Without the biological father’s permission, or without a document that grants custody to the mother, it is still not likely to happen.

1 Answer | Asked in Immigration Law for Michigan on

Q: Does entering the diversity VISA lottery really make it more difficult to get a non-immigrant VISA?

I've already had a student VISA since 2013 but it expires July 2018, when my 4-year degree should be completed. I had planned on extended studies, up to doctoral level which is now unlikely, but because of my school plans changing I might be trapped in my home country's hostile environment. I want... Read more »

Hector E. Quiroga answered on Nov 20, 2017

It is a question of intent. If you apply for a diversity visa, you are signaling your intent to immigrate to the US. If you apply for a nonimmigrant visa, you are signaling an intent to remain in the US for a limited time. For the latter you have to show your connections to your country of origin,... Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: Will I still be able to get my green card approved should I win the DV lottery and have my USC husband petition for me?

I have entered the US on a visa waiver on March 2017 and overstayed in the US for 5 months now due to marriage to a USC, but it did not work out so i am in the midst of getting a divorce right now which will only be finalized in December.

I am currently seeing someone new (USC) during the... Read more »

Kevin L Dixler answered on Nov 2, 2017

You have overstayed and in doing so, as a visa waiver recipient, are disqualified from a hearing before an immigration court. If you marry a second time, you may be asked to prove that the first marriage was entered in good faith, not solely for immigration purposes, as well.

If you marry...
Read more »

1 Answer | Asked in Estate Planning and Immigration Law for Michigan on

Q: How can I live in Michigan?

My boyfriend lives in Michigan, I am in Ontario, Canada. Is there anyway for us to live in Michigan before or without a K1 or marriage visa? I am a teacher and would like to continue working in Canada but financially living together would be very beneficial.

Kenneth V Zichi answered on Oct 23, 2017

You need to become a lawful 'permanent' resident alien under US law. That means applying for the appropriate visa.

See https://www.uscis.gov/tools/glossary/permanent-resident-alien for definitions and guidance. If you don't know how to do this, I'd suggest finding an immigration lawyer in...
Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: I am an American currently in Germany. Can I bring a friend from Greece as a migrant worker for a farm project in MI?

We are working together to get enough money for a small piece of land to get started with a greenhouse for farmers' markets. We will be in Crete in the winters doing business there. Eventually I hope to be able to hire him as an employee so he can bring his wife and children at some time in the... Read more »

Myron Morales answered on Oct 13, 2017

You should consider using the H-2A program. You will also need to set-up the farm as a business so that it can sponsor him for the visa.

1 Answer | Asked in Immigration Law for Michigan on

Q: How do I get the proof or legal statement of my immediate family members status?

I need to apply for permenent residence visa to China. So application support documents includes 'legal statement of no immediate family members in USA'.

Hector E. Quiroga answered on Sep 27, 2017

This is more than likely a sworn declaration simply stating that you have no immediate family members in the United States.

1 Answer | Asked in Divorce, Family Law and Immigration Law for Michigan on

Q: K1 visa, married, we have a child together and now he wants out

I came here on a k1 visa. My husband and I are together for 5 years, married for 2 years. We have a child together that recently turned one year old. We decided for me to be a stay at home mom while my husband works fulltime. We argue so much and things get ugly. We tried marriage counseling but my... Read more »

Michael Hugh Carlin answered on Sep 26, 2017

Did you ever apply for a green card? If you did, does your green card expire in 2 years, or in 10 years? I suggest that you consult directly with an experienced immigration attorney to go over the details of your case, and to plan a path forward. Best wishes to you!

1 Answer | Asked in Immigration Law for Michigan on

Q: My husband left before he was forcibly removed, on his own, 5 months after receiving removal order. What is his bar?

Michael Hugh Carlin answered on Sep 16, 2017

The answer to your question depends on a number of factors, including the reasons why US immigration officials gave him an order of removal, his prior immigration history, and his prior encounters with police, other law enforcement officers, and courts. I suggest that you consult directly with an... Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: My husband got removal order and left the country within 5 month's on his own. How long is his bar? Thanks, Christine

He left before he was forcibly removed.

Myron Morales answered on Sep 15, 2017

Did he leave pursuant to an order of voluntary departure or did he just leave before he was forcibly removed?

1 Answer | Asked in Immigration Law for Michigan on

Q: my boyfriend has been here on a B2 almost 6 months..decided to get married..

my boyfriend has been here almost the full 6 months his exit date is the 16th of Sept.....we have decided to get married this weekend.......the paperwork required to change his status would be past the exit date.....is that a problem....

Michael Hugh Carlin answered on Sep 8, 2017

The answer to your question depends on some factors that we would need to discuss with you and your boyfriend. I suggest that you consult with an experienced immigration attorney to carefully review all of the details of your situation, and to determine the best path forward. Best wishes to you.

1 Answer | Asked in Immigration Law for Michigan on

Q: conditional marriage based green card

I am a US Citizen. I am currently working. My wife received her conditional marriage based green card few months ago. Due to her academic field, she is not able to find a job in MI but has opportunities to land jobs outside MI in other

states. Does USCIS require that during the two year... Read more »

Michael Hugh Carlin answered on Aug 18, 2017

Although USCIS generally expects that married persons should be living together, it is possible to get an I-751 Petition approved while living separately. The difference between approval and denial will depend on the quality of the petition and supporting documentation. I suggest that you work... 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.