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Minnesota Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Minnesota on
Q: Would a petty misdemeanor (in MN) need to be disclosed (littering/dumping)? Crim/Traf Non-Mand crime. See more Info

Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations (unless a traffic violation was alcohol- or drug-related or involved a fine of $500 or more)?

Mario Musil
Mario Musil answered on Oct 14, 2020

It's not a civil traffic violation, under $500, so yes, it should likely be reported.

You may wish to have an attorney review your record to be sure.

2 Answers | Asked in Immigration Law for Minnesota on
Q: How do I help my usa born cousin enter usa with just birth certificate and hospital records.

My course was born in CA but she was taken to Mexico at a very young age and her name was changed in mexico all her records and school records are in a different name but she has her us social security and birth certificate but she has not reentered the county because she is scared they won't... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 20, 2020

She needs to get a US Passport.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: Can I continue working under my J-1 visa after I get married and waiting for the green card approval?

I am currently working as an au pair with a J-1 visa. I am getting married in September to a us citizen, and plan to submit our application for a marriage green card soon after the marriage. My J-1 visa is already expired, but I have DS 2019 that extends till January 2021. Will I be able to... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 19, 2020

As long as you are otherwise working lawfully, then the green card application process should not impact, or be impacted, by that.

You can also apply for a temporary work authorization to use while you are awaiting the adjudication of your application.

1 Answer | Asked in Immigration Law for Minnesota on
Q: What specific right do I have as a petitioner and an US citizen for my Wife (Mexican) to receive a visa appointment?

I am asking for the specific legal statute, case law or legal right I have as a US citizen. The reason for my question is it has been over 2 and a half years since we applied for her and her son to receive an appointment for their visas (IR1). I am uninterested in Coronavirus excuses as we had... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Aug 13, 2020

Hi, I am sorry that this happened to you. Did you send all the documents or did you receive any communication about the delay?

It may be worth contacting an immigration lawyer to make inquiries on your case. 2 year wait is unusual for IR1 so make sure there is nothing further to do on your...
Read more »

2 Answers | Asked in Immigration Law for Minnesota on
Q: My biological father was a LPR who was deported. I am a US citizen and was adopted. Can I sponsor him back to the US?

My biological father was a LPR, he was arrested in 1983 shortly after I was born. I was adopted. He was released from prison and deported back to the Dominican Republic in 1997. He is aware he will have to apply for readmission and fill out other paperwork.

Can I sponsor him or my... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jul 24, 2020

You can sponsor your dad as an immediate relative but he may require a waiver. More facts are needed to determine if he would even qualify. You can sponsor your siblings but the wait time is over a decade.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: Should I cancel K1 visa before I apply for green card after I get married in US?

Hi. I'm in the States with J1 visa right now and my American fiance and I are planning to get married here and adjust my status. Actually we had applied for K1 visa in March and were waiting for the approval but we just decided to get married here. So my question is should we cancel the K1...?... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jul 17, 2020

Better to withdraw. Make sure you aren’t subject to the foreign residency requirement associated with some J1 visas.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Hi. I have a question about changing my status and applying for green card based on marriage.

I'm from South Korean and right now I'm in the states with J1 visa participating in Aupair program. I came here in May 2018 and after one year, I extended the program for one more year. So I was going to be done with the program in May 2020 but then Covid19 broke out. So DOS allowed... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 14, 2020

You may remain in the USA and adjust through your USC spouse. Because your adjustment is through a USC immediate relative you will not be charged with any overstay or out of status time.

Your extension remains a lawful status.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Hi I have a question about changing my status and applying for green card based on marriage.

I'm from South Korea and right now I'm in the states with J1 visa participating in Aupair program. I came here in May 2018 and after one year, I extended it for one more year. So I was going to be done in May 2020 but then Covid19 broke out. So DOS allowed in-country Aupairs to extend for... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jul 14, 2020

If the 2 year return home rule does not apply then you can. The K visa application you filed would be rejected as invalid. The fiancé visa is for foreign national fiancés living abroad who would be processing at their home consulate. You live here so you wouldn’t qualify. Retain counsel for... Read more »

1 Answer | Asked in Immigration Law for Minnesota on
Q: If i came to the US in 2009, do I qualify for DACA?

I have no criminal records nor felonies.

Adan Vega
Adan Vega answered on Jun 20, 2020

DACA applicants had to prove continuous residence in the U. S. since June 15, 2007 among other eligibility criteria.

2 Answers | Asked in Immigration Law for Minnesota on
Q: Can an alien that can work get unemployment because of covid 19 or will that effect his future immigration status
Adan Vega
Adan Vega answered on Apr 25, 2020

Those who are not citizens can apply and receive unemployment benefits if all of the state requirements are fulfilled. You must have a valid work permit or any immigration status that allows you to work such as a green card, asylee, DACA or TPS status. You must be authorized to work at the time... Read more »

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1 Answer | Asked in Immigration Law for Minnesota on
Q: How does a Canadian citizen come/move to the US right now? Is it even allowed anymore with current virus conditions?

She is Canadian. I live in Minnesota. We are engaged and had planned that she'd drive here, look for a job, get a TN visa (until we married), and move here permanently. We were going to do this in May and had planned this months ago. Now, borders are closed, so she can't just pack up and... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 23, 2020

You can't until after the Canadian border opens and until the EO expires.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Can obtaining unemployment benefit affect my situation now or in the future when applying for citizenship?

I am a refugee and stopped working due to the COVID-19. My question is whether getting unemployment benefits exposes me to deportation or prevents me from becoming a US citizen in the future?

Gunda Yohanna Brost
Gunda Yohanna Brost answered on Apr 12, 2020

No because unemployment is an earned benefit.

1 Answer | Asked in Immigration Law for Minnesota on
Q: My boyfriend and I want to get married. He’s here on a student visa. Will there be a waiting period? Will it be hard?

Can we even get married? I don’t know much about immigration and stuff and he doesn’t really know the rules either.

Stephen Arnold Black
Stephen Arnold Black answered on Mar 18, 2020

Every case is different. Have a free phone consultation with an attorney who can explain everything to you. Counsel anywhere in the USA can represent you.

1 Answer | Asked in Immigration Law for Minnesota on
Q: hi good day? Am clinton and nam from cameroon. am an arriving alien who was registered at ARIZONA

hi good day?

Am clinton and nam from cameroon. am an arriving alien who was registered at ARIZONA. presently i've ben granted parole having an i-94 form with no employment authorization and recently i filled already for my asylum case here in minnesota and also have a stamped copy of... Read more »

Adan Vega
Adan Vega answered on Feb 12, 2020

You can. Intact a qualified immigration attorney or a community organization that is familiar with the asylum process and who can provide you with guidance as to the time to file FORM I-765 to request the EAD. Good luck to you.

2 Answers | Asked in Immigration Law for Minnesota on
Q: Hello, i have a Master hearing today, so i was wondering because i don't have a lawyer yet. Must i have lawyer today?
William Bailey
William Bailey answered on Jan 29, 2020

You never have to have a lawyer, just like you don't need to have a doctor to do surgery. You will probably get better results if you have a professional, but you can try to do it yourself.

I would recommend getting an attorney ASAP. If you are in deportation proceedings you are at...
Read more »

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1 Answer | Asked in Immigration Law for Minnesota on
Q: Proof of immigration status?

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William Bailey
William Bailey answered on Jan 15, 2020

I am not sure what you are asking. Try re-posting with some additional details about your situation.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Any way to change deportation status after 10+ yrs

My wife of 12yrs has a deportation status but never deported or remove because her county is not willing to take people back yet (Vietnam and she was here as of 1985 and she has the deportation status before we go marry and I am a US Citizen). Is there any way we could get her status back? Any form... Read more »

William Bailey
William Bailey answered on Jan 15, 2020

This is a complex question. Certainly not the kind of question to be answered off the cuff on a site like this. I suggest you and your wife consult with an immigration lawyer to learn all of your options.

2 Answers | Asked in Immigration Law for Minnesota on
Q: I want to study Aviation in the US but my Visa won't allow me to. Please help.

I'm a senior in high school and I am currently on a L2 visa until 2022, and I want to study aviation in the US. I was talking to an admissions counselor and she told me "Aviation Pilot is NOT an approved program for those seeking an F-1 visa at this time". Does that mean I can only... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

An M-1 visa might be an option for you. It is like an F-1 but more for trade school.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: My i751 got denied from my last marriage can I file I 130 based on a new marriage?
Kevin L Dixler
Kevin L Dixler answered on Oct 28, 2019

First, your U. S. citizen or permanent resident spouse must decide whether to file the petition, but it may be denied as a matter of law, based upon a determination that you entered into a sham marriage.

You’re significantly limited in your options. The denial may have permanent...
Read more »

1 Answer | Asked in Immigration Law for Minnesota on
Q: Hello, I need a lawyer for asylum seeker application.

Before I come here I was kidnapped, jailed and tortured because I am member of opposition political party.

Currently many peoples from our political party are in jail and killed

Kevin L Dixler
Kevin L Dixler answered on Jul 3, 2019

You, as the applicant, have the burden to prove with a preponderance of the evidence that you are not only an active member, but were kidnapped, jailed and tortured. You must also prove to the satisfaction of the USCIS that you are a citizen of that nation. You must prove a number of other facts,... Read more »

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