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Minnesota Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law and Criminal Law for Minnesota on
Q: can a person be deported if they were born in other country and adopted by US citizens as a baby?

my friend has lived in the US pretty much his entire life. He was adopted by two US citizens when he was a baby and they brought him to the US as a baby. Hes had a few rough years and was convicted of some drug related stuff. He was contacted by immigration and they are trying to deport him. His... View More

Sarah Gad
Sarah Gad
answered on Feb 1, 2023

This might seem odd, but the answer really boils down to one question: did your friend turn 18 before or after February 28, 2001 at 12:00 a.m.? If your friend turned 18 after this February 28, 2001 cut-off, (or was born after February 28, 1978 at 12:00 a.m.) he should be able to acquire citizenship... View More

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1 Answer | Asked in Immigration Law for Minnesota on
Q: Form I-130 is approved. Can my sister and her 2 boys (19 years old) come to the US and wait for the approval Form I-485?

I have filed Form I-130 for my sister (and her 2 boys) to come from Argentina. I received the approval from USCIS. Can she and her boys come to the US and wait here while we get her I-485 approved?

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 26, 2023

By filing the i130, they have demonstrated that they have immigrant intent. This would conflict with traveling her on a tourist visa which is only for non immigrant intent.

1 Answer | Asked in Civil Rights and Immigration Law for Minnesota on
Q: Proper course of action.

Our son crossed the US border in Mexicali (October 2022). His court appearance in Fort Snelling is scheduled for February 2024. He was a beneficiary of I-130 filed in 2013; however, he doesn’t have 1-90 and we cannot apply for adjustment of status. He cannot apply neither for driver’s license... View More

Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

First, your son should make sure that he keeps the immigration court updated on his address, as court dates can be changed, and the court notifies respondents of the change in court date by mailing hearing notices. If he fails to attend a scheduled court hearing, he will be ordered deported.... View More

4 Answers | Asked in Immigration Law and Criminal Law for Minnesota on
Q: can someone be deported if they are convicted of shoplifting? the person has no other convictions.

the person was charged with shoplifting about $60 of merchandise at Walmart. they have not been convicted yet but they are worried it will affect their green card.

Sarah Gad
Sarah Gad
answered on Jan 9, 2023

It is highly unlikely that the person will be deported under the circumstances you described. In the world of immigration law, shoplifting and other crimes of dishonesty are called "crimes involving moral turpitude" (CIMT). A conviction for a CIMT can indeed affect a person's... View More

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1 Answer | Asked in Immigration Law for Minnesota on
Q: I'm applying for a US Citizenship. I have a pending I-751 due to COVID and long delays. I had to get a travel stamp in

I'm applying for a US Citizenship. I have a pending I-751 due to COVID and long delays. I had to get a travel stamp in my passport at the USCIS Office. At that time they took my expired green card and never returned it. According, the M-477 checklist the first requirement is a copy of my green... View More

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

As long as you are eligible for the N-400 at the time you file, yes you can submit it while the I-751 is still pending. USCIS will not approve the N-400 until the I-751 is approved; depending on your local office, both applications may be decided at the same interview so it is important that your... View More

2 Answers | Asked in Immigration Law for Minnesota on
Q: I am 17 and have a 10 year green card. My stepmother who is my sponsor is threatening to file I-407 and have it revoked

Can she do this without my permission

Samuil Buschkin
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answered on Dec 22, 2021

It would make all the difference if she waited until you turned 18. Case law is pretty clear and consistent on this. before 18, her abandonment of LPR status would be imputed to you.

You should still consult a lawyer. All these analyses are very fact driven.

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1 Answer | Asked in Immigration Law for Minnesota on
Q: how does getting a visa through a sibling work?

my mom is undocumented. I recently saw that she can get a visa through her siblings since they were born here. However, both of them sponsored my aunties husband to get his visa. Can they still sponsor her? How long does the process usually take?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2021

Yes.

If your mother's children were born in the United States and turned 21 years of age they could petition your undocumented mother to adjust the status to Lawful Permanent Residency.

2 Answers | Asked in Immigration Law, Personal Injury, Traffic Tickets and Workers' Compensation for Minnesota on
Q: MN Statute 169.18(8)(a) - I need an affordable lawyer who can help me on this traffic citation please.

On July 18th I was cited for following a car too close as he was turning right in front of me on a 35E exit to pilot knob road which is a two-lane road. MN Statute 169.18(8)(a) I did end up closer to the vehicle than I, myself, would have preferred since the front car slowed to turn much more than... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 20, 2021

The effect that this might have on your insurance rates depends on your prior driving record and your insurance company. There is no mechanism for tickets automatically coming off of your driving record absent some type of agreement with the prosecutor. I don’t necessarily expect it to affect a... View More

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1 Answer | Asked in Immigration Law and Adoption for Minnesota on
Q: How soon after getting adopted a foreign child becomes eligible for immigration benefits?

When a U.S. citizen adopts a 15-year-old foreign national, and the adoption takes place in the child's native country, are immigration benefits (allowing the adoptive parent to apply for a family-based U.S. visa for the child) conferred onto the child immediately or after a certain waiting... View More

Agnes Jury
Agnes Jury
answered on Jul 15, 2021

A child is an adopted son or daughter of his or her U.S. citizen parent if the following conditions are met:

The child is adopted in the United States or abroad;

The child is adopted before he or she reaches 16 years of age (except for certain cases where the child may be adopted...
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1 Answer | Asked in Immigration Law for Minnesota on
Q: I'm looking to have my cousin who is a nurse come from the Caribbean to live-in and care for my ill father in MN.
Kevin L Dixler
Kevin L Dixler
answered on Apr 1, 2021

This can get complicated and have a permanent impact upon the immigration rights of your cousin. A B2 visitor, even a B1 casual business visitor, will likely violate the terms of their visa status if they live, work and get paid on a visit.

Compensation, and/or remuneration to the cousin...
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1 Answer | Asked in Immigration Law for Minnesota on
Q: I have an immigration question

My immigrant wife went to a green card interview and said I don't remember to a question, is this fraud?

Adan Vega
Adan Vega
answered on Mar 20, 2021

Fraud may be based on a misrepresentation of fact that was either intentional or negligent. You will need to assess your declaration with this definition in mind to determine if fraud did in fact occur.

1 Answer | Asked in Immigration Law for Minnesota on
Q: I got 'request for initial evidence' after I applied for I-485

I applied for marriage based green card last September after getting married to a US citizen.

I entered the country on 2018 with J1 visa and I in the process of changing my status from J1 to green card.

We had applied for K1 visa in March 2020 because I was planning to go back to... View More

William Bailey
William Bailey
answered on Feb 17, 2021

You should hire an immigration attorney to help ensure you don’t make costly mistakes.

1 Answer | Asked in Immigration Law and Adoption for Minnesota on
Q: French citizenship through (french) stepfather?

My stepfather (legally) married my mother a few years ago while I was a teenager. He is from France, and he lives in the US as a permanent resident but is still a French citizen.

I read that under French law, plenary adoption can occur until age 20, and citizenship is automatically granted... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 8, 2020

Call the French embassy in Washington DC or Minneapolis Minnesota if there is one in Minneapolis, and start the process there. The staff employees at the consulate can tell you in about five minutes whether or not you qualify for French citizenship. I wish you the best of luck

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
PREMIUM
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... View More

Kyndra L Mulder
Kyndra L 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... View More

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

Hector E. Quiroga
PREMIUM
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... View More

Kyndra L Mulder
Kyndra L 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.

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