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Minnesota Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for Minnesota on

Q: Can non-u.s citizen travel to Hawaii with only a state ID?

My fiancé and I have plans to travel to Hawaii for our honeymoon. She is not u.s yet but does hold an MN driver license until 2022. Can she just go with the driver's license? Do you think she will run into any issues upon entering Hawaii?

Hector E. Quiroga answered on May 6, 2019

Check the website of the state of Minnesota to see if the version of the license she has meets the necessary requirements.

1 Answer | Asked in DUI / DWI and Immigration Law for Minnesota on

Q: I am an asylee living in the US since 2001. I have been convicted of DUI felony. I need to change my status to green car

I am an asylee living in the US since 2001. I have been convicted of DUI felony. I need to change my status to green card. How hard is it?

Kelli Y Allen answered on Feb 1, 2019

I suggest hiring an immigration attorney to assist you with the adjustment of status process. If the DUI is the only thing on your record, it should not be an issue.

1 Answer | Asked in Immigration Law for Minnesota on

Q: Good Morning, Attn: Regarding immigration lawI am currently living in Colombia and plan to move back to Minnesota.

We will be moving in 2020 and are wondering the best route to take for him to enter the country. I do not think he will be granted a visitor's visa, therefore would the best route be a fiance visa or with a spouse visa?

Thank you for any insight,

Kelli Y Allen answered on Jan 22, 2019

Is the person you're referring to your boyfriend/fiance? If so, you can marry in Colombia and file a spousal visa petition. The process takes about a year and a half, so it that's the route you are going to take, it would make sense to file as soon as possible.

1 Answer | Asked in Immigration Law for Minnesota on

Q: My American friend married a Honduran man. They have an American born son, age 5. The man went back to Honduras because

he was not here legally. They are all in Honduras now. How can he legally return to US with his wife and son?

Kelli Y Allen answered on Jan 15, 2019

Please recommend that your friend contact an experienced immigration lawyer. She will need to file a spousal visa petition, but the specifics depend upon several factors such as: whether he entered the U.S. with a visa, how long he was here without legal status, whether he entered he U.S. more... Read more »

1 Answer | Asked in Education Law and Immigration Law for Minnesota on

Q: I enrolled to high school with a b1b2 visabefore changing it to f1 am I eligible to change it now?

Hello Mrs/Mr, I am an immigrant not knowing, who came to usa and enrolled to highschool with a b1b2 visa before changing it to f1 and I wanted to change it know to f1 am I eligible to do that

Hector E. Quiroga answered on Nov 6, 2018

You are in violation of your B1B2 status right now. Your best bet of having any hope of getting an F-1 is by dropping out of school.

1 Answer | Asked in Immigration Law for Minnesota on

Q: Strong asylum case?

Hi. I have a asylum case based on religious ground. My religion is banned in my country. Police can arrest me, fine, confiscate belongings and put me in jail for practicing my religion which includes (possessing literature, participating in worship meetings and proselytizing or teaching someone... Read more »

Amber Hardy answered on Sep 27, 2018

It could be yes. I would need a little more information. I would highly suggest you get an immigration attorney to help you. Feel free to contact me and maybe I can help.

1 Answer | Asked in Immigration Law for Minnesota on

Q: Petitioning for naturalization

My wife, who is a permanent resident’s 2 year green card expires on February 14, 2019. I’ve heard that when the 2 year green card expires that you have to reapply for the 10 year green card first before you can apply for citizenship. Is that true? Since you have to be married 3 years in order... Read more »

Hector E. Quiroga answered on Aug 28, 2018

Your wife has conditional residence. She (and you) will need to file to have conditions removed within the 90-day period preceding the expiration of her current green card. She cannot skip this part.

1 Answer | Asked in Immigration Law for Minnesota on

Q: Does residing in US mean since legal status or since actual move?

To petition for naturalization they say that I should demonstrate continues residing in the US for three years whennits through marriage. I’ve live in the US since March 2015 on a J1 visa. Got married in January 2016 and applied for green card. Received green card February 2017 and it expires... Read more »

Hector E. Quiroga answered on Aug 28, 2018

From the time you became an LPR. (green card). You have a conditional green card, so you will need to apply to have the conditions removed no sooner than November 2018 and no later than February 2019. You can apply for citizenship in February 2020.

1 Answer | Asked in Criminal Law and Immigration Law for Minnesota on

Q: Shoplifting Misdemeanor

Hi - I am on my 3rd H1B Ext and up for renewal by end of this year and will be going through premium for my next H1B Ext. I have had this situation in Jan of this year which lead to a (shop lifting) misdemeanor ticket on me and had to attend the court. On the court day my lawyer went to the... Read more »

Thomas C Gallagher answered on Aug 10, 2018

I see this question was posted under both criminal law and immigration law. I am a criminal defense lawyer. This question is primarily an immigration law question. Hopefully you'll get an answer from and-or consult an immigration law attorney about it.

As a criminal defense lawyer, I do...
Read more »

1 Answer | Asked in Immigration Law for Minnesota on

Q: If I live in America but born in a different country, and have the green card,would my spouse also have the greencard?

We would be living in my country, we wouldn’t be living in the United States. Would he also get a greencard because I have it ? And could he go behind my back and apply for it and take it ?

Stefan Dunkelgrun answered on Aug 7, 2018

No, your spouse would not also have a "green card". These are issued to the individual, and your spouse would need to apply for his own "green card".

1 Answer | Asked in Immigration Law for Minnesota on

Q: Form - I-765 EAD Application question.

Hi, I am applying for my EAD renewal. and am stuck at a question about I94 in form I-765.

Under - "Information About your last arrival in the United States"

Question 21.a - Form I94 Arrival/Departure record #

My last arrival in USA was back in 2014.

The I-94 that I... Read more »

Hector E. Quiroga answered on Jul 30, 2018

They are asking for arrival information; therefore, you need to put the number from the I-94 on which you last entered the US.

3 Answers | Asked in Criminal Law and Immigration Law for Minnesota on

Q: what are the chances of release on his own ... cant think of the word if he has the 911 interupt call and asult?

what are the chances of the judge letting him go on the 17th with these charges even if he isnt legal?

Jonathan Matthew Holson answered on Jul 16, 2018

That is all dependent upon his criminal history. I have represented many clients who were undocumented who were released without bail. However, he could continue to remain in custody if there is an immigration hold that prohibits his release.

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1 Answer | Asked in Domestic Violence and Immigration Law for Minnesota on

Q: my friend was arrested for probable cause hang up 911 but was calledout on a domestic and they had no proof of asult?

he is not legal do i need a lawyer he was taken for the 911 call not domestic his first apperance is july 17th and me and his mother need to no will they take him and deport him?

Jonathan Matthew Holson answered on Jul 16, 2018

The interference with a 911 call is a gross misdemeanor offense. He will need an attorney on that and likely will need an attorney to handle the immigration issue as well. He should not handle these on his own.

1 Answer | Asked in Immigration Law for Minnesota on

Q: can reviewing already filled immigration petition forms be done under free consultation by a lawyer?

I have followed the instructions on USCIS website, I have filled forms I-130,I-130A,I-485,I-864 and I-765 and gathered all the required documents. I am tired of lawyers telling me stuff I can get on USCIS website and other sites and calling it free consultation. I need a free legal immigration... Read more »

Hector E. Quiroga answered on Jul 3, 2018

There is some liability for an attorney to even review forms they’ve not completed; if something goes wrong, they could be held liable. It is thus unlikely that anyone would be willing to review them for free. You might try a non-profit agency that works with refugees and immigrants.

1 Answer | Asked in Immigration Law for Minnesota on

Q: The 1-94 will expired June 21Th can I send the I-130 before I-485. the reason is that the I-693 is not ready until July3

can I send I -130 and I-485 separated for my mother the reason the I-693 will be ready July 3rd everything is ready other than the formI-693

Carl Shusterman answered on Jun 20, 2018

The I-193 is an application for waiver of passport and/or visa. It is to be used by a person who is a legal resident of the United States, to re-enter the United States without the person's passport and/or visa.

If your mother is not currently in the US, you can file an I-130 on her behalf,...
Read more »

1 Answer | Asked in Immigration Law for Minnesota on

Q: mistake in I-130

I filled out wrong that my daughter would adjust out of country but we want to do in USA but it was sent to NVC, how do I let them know she wants to adjust here her I-130 was approved and immediate visa is available (family )

Carl Shusterman answered on Jun 3, 2018

If she is eligible, she can file an I-485 adjustment of status application in the US.

1 Answer | Asked in Immigration Law for Minnesota on

Q: What is a quicker process marrying outside the United States then getting a husband visa or getting a fiancee visa?

The gentleman I'm wishing to marry is from Gambia but has been living in Rome Italy for almost 4 years. He has tired for Italian citzenship but without luck. I'm trying to see what is the quicker route for marriage. I have just recently divorced. I have visited him in Rome.

Carl Shusterman answered on May 16, 2018

Usually, it is a bit faster to get a fiancee visa than it is to get a green card through marriage.

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

Q: Hi!My friend has been married to a US citizen for 7 years, has 2 kids and just recently came to the US on a visit visa

Never applied for immigration/spouse visa etc. Her husband just asked for divorce, and is threatening her to take her kids, kick her out, etc. She doesn't know what to do, or how to get help. any advice?

Carl Shusterman answered on May 8, 2018

She should schedule an appointment with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Minnesota on

Q: My spouse is a Somali citizen can I apply for visa for him?

I am US citizen can't understand executive order 13780... Are we barred from applying for Bona ride marriage visa if he is of the 7 countries?

What are the restrictions placed on those from those countries after the 90 days? Please help

Carl Shusterman answered on May 8, 2018

Yes, if he is abroad. No, if he is in the US.

1 Answer | Asked in Immigration Law for Minnesota on

Q: Hello. If I have the H1B visa, am I able to study? Even if it is part-time? Could it be a course not in an university?

If I am employed to be a teacher and a I have a bachelor's degree in foreign language education, can I study a course that is not related to education? For example something related to music?(it will not be a career at university)

Carl Shusterman answered on May 8, 2018

Yes, as long as you continue to work full-time, you can also study whether or not the course is related to education.

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