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Michigan Immigration Law Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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 &... View More

Barry Lee Frager
PREMIUM
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... View 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... View 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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1 Answer | Asked in Immigration Law for Michigan on
Q: How do I go about helping someone who is locked up for immigration because he over stayed his visa , no criminal record

Has no criminal record , couldn’t return to his country because of the hurricane , doesn’t have a “ return stamp” on passport . And has a baby by an U.S citizen woman . Also couldn’t make enough funds to return back home because he didn’t have a working visa .

Brent T. Geers
Brent T. Geers
answered on Jun 18, 2020

The best thing you could do is hire your friend an immigration attorney. Unlike the criminal justice system, people facing deportation are not automatically given attorneys. The immigration system is complex enough that you absolutely do not want to proceed through it without one.

3 Answers | Asked in Immigration Law for Michigan on
Q: Can a undocumented immigrant get married to a green card holder
Adan Vega
Adan Vega
answered on Jun 17, 2020

A person without lawful status in the U.S. can marry a resident within the U.S. if the requirements of the jurisdiction where the marriage will occur are fulfilled.

Good luck to you.

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1 Answer | Asked in Immigration Law for Michigan on
Q: I applied for my husbad i130 on January 2018,does the immigration ban include him??his case at the NVC

They send an email yesterday saying that they will schedule an appointment for his interview.? Is he allowed to issued a visa??

Kevin L Dixler
Kevin L Dixler
answered on Jun 11, 2020

Yes, all immigrant visas that have yet to process at the consulates are suspended until further notice. However, the suspension can be lifted this month depending upon the discretion of the President. The challenge is that the President can limit interviews based upon the current epidemic, so he... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: Im in USA under F1 visa and my brother is a US citizen. My question can he sponsors me to adjust status for a green card

As I mentioned I'm a student in college under F1 visa and my brother is a resident and a US citizien. Is there any way to sponsor me for a green card ?

Kevin L Dixler
Kevin L Dixler
answered on Jun 11, 2020

He can petition you, but you cannot adjust status for a long time. The fourth preference family visa category is an extremely limited quota of annual visas. This means that people must wait many years before they can immigrate as a sibling of a U. S. citizen. If he files for you, you will have... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: Hi, I'm on 4th year of GC and got laid of recently, will claiming unemployment benefit affect obtaining citizenship?
Adan Vega
Adan Vega
answered on May 29, 2020

The receipt of state issued unemployment benefits will not impact your eligibility for naturalization if you are indeed qualified for such benefits.

Good luck to you.

1 Answer | Asked in Immigration Law for Michigan on
Q: Hi I applied for i 131 re entry permit in march and received a case number but was not scheduled a bio appointment

I was not scheduled a biometric appointment due to office closure but i checked my case status and it shows fingerprints were added to the case! Does that mean there will be no biometric appointment? What about photographs?

Robert Roy Klein
Robert Roy Klein
answered on May 9, 2020

USCIS is re-using fingerprints in previous applications.

1 Answer | Asked in Immigration Law for Michigan on
Q: If you file for a U visa and your parents qualify with you and get married later will it affect your case ?

Uvisa

Adan Vega
Adan Vega
answered on Apr 21, 2020

If you are the principal applicant for the U visa and you decide to proceed to marry, the marriage will not impact your application nor the eligibility of your parents. As the principal under age 21 applicant, you will be eligible for the U-1 and your parents will be eligible for the U-4.

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