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Minnesota Immigration Law Questions & Answers
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... View More

Hector E. Quiroga
PREMIUM
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... View More

Hector E. Quiroga
PREMIUM
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... View More

Thomas C Gallagher
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,...
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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
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... View More

Hector E. Quiroga
PREMIUM
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
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
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... View More

Hector E. Quiroga
PREMIUM
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
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...
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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
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
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
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
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
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.

1 Answer | Asked in Immigration Law for Minnesota on
Q: How long does it take for LGBT asylum seekers to get their green card if there asylum status is approved
Carl Shusterman
Carl Shusterman
answered on May 8, 2018

You can apply for a green card one year after your asylum application is approved.

1 Answer | Asked in Immigration Law for Minnesota on
Q: My boyfriend is from Honduras and due to DACA being repealed he won't be able stay in the US after his visa expires..

...next year, but we want to create a future together. We have not been together long enough to marry, 7 months, so what steps can be taken to have been stay in the US lawfully?

Carl Shusterman
Carl Shusterman
answered on May 8, 2018

He can continue to renew his DACA and work permit.

1 Answer | Asked in Immigration Law for Minnesota on
Q: I've heard that you can't travel to the US 3 months before your visa expires. Is that true?

H1B visa - I've heard that you can't travel to the US 3 months before your visa expires. Is that true?My visa expires on 19 June 2018.I am planning india trip around March 2018 and come back to US on First week of April 2018 then I will file the extension.So I will have only 2 month valid... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2018

No, you can travel to the US as long as your visa has not expired.

1 Answer | Asked in Employment Law and Immigration Law for Minnesota on
Q: Is it legal to have an additional source of income while on J-1 clinical visa?

Individuals pursuing medical residency training on J-1 clinical visa can only have one employer as listed on their DS 2019. However, it is unclear if they may earn an additional income via sources such as rent/airbnb, property investment, uber etc in the US. Obviously, the taxes would have to be... View More

Carl Shusterman
Carl Shusterman
answered on May 5, 2018

In the 9th Circuit which is on the West Coast, this would not be a problem due to a decision called Bhakta v. INS. However, I don't believe that Courts in the MidWest have ruled on this question.

1 Answer | Asked in Immigration Law for Minnesota on
Q: Spouse got perm. res. 7/17. Will leave in 2 wks for a 6+ months job abroad. Enough time to file 1131? Other options?

Applied to adjust status 5/2016 as spouse of U.S. citizen. Approved 7/2017. Been abroad 2 months doing a job, coming back for 1 week, then leaving again for next job in Bahamas. Will last 6+ months. He may continue working abroad or maybe not. We don't want to lose his papers, if we can avoid... View More

Carl Shusterman
Carl Shusterman
answered on Apr 30, 2018

He can apply for a Re-Entry Permit.

If you are a U.S. lawful permanent resident (green card holder), and you need to spend a year or more outside the United States, you would be wise to get a travel document called a "reentry permit" for your return.

Although you are...
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1 Answer | Asked in Immigration Law for Minnesota on
Q: What type of visa can my husband apply for to ensure travel permission to the US plus the ability to live abroad?

My husband is Ukrainian, and we presently live in Ukraine. We are looking at visas for him so that he can meet my family and in the future be able to travel to the US with me and our potential children

We applied and were denied B1/B2 tourist visa, probably because the Embassy assumes that... View More

Carl Shusterman
Carl Shusterman
answered on Apr 30, 2018

You are correct. He needs a B-2 tourist visa. He needs to reapply and demonstrate that he has no intent to immigrate to the US.

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