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

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

1 Answer | Asked in Immigration Law for Minnesota on
Q: if I marry someone in the usa with an expired visa within the last year, can they stay in this country?

They came to this country 8 years ago with a 9 year old child legally.

Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2019

Yes you can apply for green cards for your spouse and step child

2 Answers | Asked in Immigration Law for Minnesota on
Q: What are the consequences of voting while not a citizen in Minnesota?
Kevin L Dixler
Kevin L Dixler
answered on Jun 13, 2019

Immigration is Federal law. The decision for the court of appeals that covers Minnesota is consistent with other Federal Courts of Appeals. If you are a lawful permanent resident, then possible permanent disqualification from naturalization. You can be referred to immigration court for removal... View More

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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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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... View 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
PREMIUM
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.

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