Mississippi Immigration Law Questions & Answers

Q: Return greencard if given before completion of waiver?

1 Answer | Asked in Immigration Law for Mississippi on
Answered on Jan 14, 2019
Kelli Y Allen's answer
I have not heard of such a situation and do not have enough information for an analysis. It sounds like your attorney is saying that USCIS granted your permanent residence in error. If that is the case, I agree that the prudent thing is to return the green card and alert USCIS of the error. Otherwise, you could be left in limbo wondering whether USCIS was going to discover the error and afraid to apply for naturalization.

Q: Can I apply for adjustment of status with I-485 if I am currently out-of-status?

1 Answer | Asked in Immigration Law for Mississippi on
Answered on Oct 3, 2018
Osarumwense Iyamu's answer
The general rule is that persons applying for adjustment of status in the United States must maintain their immigration status at the time of filing such application. However, there are exceptions to this rule. This means there are situations where non-US citizens are eligible to file for adjustment of status despite the fact that they are out of status. Spouses of United States citizen fall within the exception. If you're trying to file this application on your own without understanding the...

Q: OPT Status

1 Answer | Asked in Immigration Law for Mississippi on
Answered on Jun 30, 2018
Carl Shusterman's answer
An F-1 student on post-completion OPT may also be self-employed. See, “Policy Guidance For Student and Exchange Visitor Program and Designated School Officials of SEVP-Certified Schools with F-1 Students Eligible for or Pursuing Post-Completion Optional Practical Training” (Policy Guidance 1004-03 – Update to Optional Practical Training; USICE, April 23, 2010), at page 18:

“Self-employed business owner. A student on OPT may start a business and be self-employed. The student...

Q: OPT Status

1 Answer | Asked in Immigration Law for Mississippi on
Answered on Jun 30, 2018
Carl Shusterman's answer
An F-1 student on post-completion OPT may also be self-employed. See, “Policy Guidance For Student and Exchange Visitor Program and Designated School Officials of SEVP-Certified Schools with F-1 Students Eligible for or Pursuing Post-Completion Optional Practical Training” (Policy Guidance 1004-03 – Update to Optional Practical Training; USICE, April 23, 2010), at page 18:

“Self-employed business owner. A student on OPT may start a business and be self-employed. The student...

Q: In light of the separation of immigrant families would there be cause for a child abuse suit against the president?

1 Answer | Asked in Immigration Law for Mississippi on
Answered on Jun 21, 2018
Carl Shusterman's answer
Perhaps, but now the President has signed an Executive Order against separation of immigrant families.

Q: I am a born US citizen. I am legally married to a Romanian woman living in Romania. We just had a daughter.

1 Answer | Asked in Immigration Law for Mississippi on
Answered on Apr 14, 2018
Rehim Babaoglu's answer
You will need to file a form I-130 (Immediate relative petition) for your wife and a separate US citizenship certificate application for your daughter. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case maximize the possibilities for a successful result. They should be able to join you by...

Q: My wife to support her mother to come to live to America without my permission is it legal?

1 Answer | Asked in Family Law and Immigration Law for Mississippi on
Answered on Mar 30, 2018
Rehim Babaoglu's answer
I am assuming your wife petitioned for her mother to come to live in the USA. An I-864 affidavit of support was required to be furnished, which is a contract with the US government that she would be financially responsible if mother ever took welfare or benefits. If you signed the I-864 you would also be responsible. If so, your mother-in-law could sue you and your wife for support. You cannot sue your mother-in-law.

Q: How do I start up a fiance visa? What steps do I have to take?

1 Answer | Asked in Immigration Law for Mississippi on
Answered on Feb 6, 2018
Rehim Babaoglu's answer
If you've actually met within the past 2 years she can petition for you to come to the USA on a 90 day fiancé visa and you can marry. You cannot be sponsored as a boyfriend - no such visa category. Can't answer Q about Canadian law - see a Canadian immigration lawyer.

Q: My boyfriend lied on his B2 visa application that has an employer. Will this keep him from getting a visa in the future?

1 Answer | Asked in Immigration Law for Mississippi on
Answered on May 22, 2017
Rehim Babaoglu's answer
Yes. He needs to show that he has strong ties to his country to convince the U.S. Consulate that he will return. Such evidence consists of: long-term employment, spouse & or children remaining behind, land ownership, business ownership, and assets in the home country. He should wait a minimum of 6 months before trying again, and even then he may be denied. Unfortunately, he fits a profile: single males & females 18-40 who have nothing holding them home. Therefore, their intent to return after...

Q: What papers do I need to file to become a us resident I am married With a us citizen. What process do I have to do ?

2 Answers | Asked in Immigration Law for Mississippi on
Answered on Oct 29, 2016
Matthew J Hartnett's answer
There are a lot of applications that need to be filed to adjust status through marriage to a US citizen. Consider working with an immigration attorney to ensure things go well and you are filing the right applications.

Q: Do I need to provide my ex wife's birth certificate for my n400 interview if I have been a resident for 15 years?

1 Answer | Asked in Immigration Law for Mississippi on
Answered on Aug 16, 2016
Matthew J Hartnett's answer
No, you shouldn't need to provide your ex-wife's birth certificate in order to naturalize.

Q: Can a lawful alien permanent resident (green hard holder) purchase a gun in Mississippi?

1 Answer | Asked in Civil Rights and Immigration Law for Mississippi on
Answered on May 5, 2016
Tammy Lyn Wincott's answer
This isn't an immigration question. You will need to look directly at Mississippi's laws for purchasing and possessing firearms.

Q: My wife and I are in the AOS phase of immigration process. She does not want to live here anymore.

1 Answer | Asked in Immigration Law for Mississippi on
Answered on Aug 12, 2015
Camlinh Nguyen Rogers' answer
The stated facts are insufficient to answer your question. Seek advice from an experienced immigration attorney. Good luck. www.aba-us.com

Q: I have been with my fiancé for 2 years, he came here illegally we are wanting 2 get married and we don't know what 2 do?

1 Answer | Asked in Immigration Law for Mississippi on
Answered on Mar 2, 2015
Camlinh Nguyen Rogers' answer
Seek for opinion from an experience immigration attorney. Good luck. www.aba-us.com

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