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

1 Answer | Asked in Immigration Law for Michigan on
Q: How long can you have an H1B visa?
Carl Shusterman
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... View 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... View More

Hector E. Quiroga
PREMIUM
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
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
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
PREMIUM
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
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
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... View 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
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...
View More

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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
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... View 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
PREMIUM
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... View 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... View More

Edit Stelczner
PREMIUM
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
PREMIUM
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... View 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
PREMIUM
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
PREMIUM
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... View More

Hector E. Quiroga
PREMIUM
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,... View More

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