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Missouri Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Missouri on
Q: EAD, I-145, for F2A F1 student (general strategy)

I am on an F1 visa. I'll be done with a rule 212(e) from a prior J1 visa in December 2018. If my LPR spouse files I-130 in January (she'll be eligible to naturalize in April 2020, one month before I graduate), do you think I'd be able to use Table B to get an EAD before I graduate?... View More

Carl Shusterman
Carl Shusterman
answered on May 25, 2018

Confusing. Are you getting a J waiver or are you spending the required 2 years in your country?

Are you eligible for STEM OPT?

You should schedule a consultation with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Missouri on
Q: How long can I stay in the US on a B1?
Carl Shusterman
Carl Shusterman
answered on May 11, 2018

The CBP officer at the airport where you enter the US will make that determination. If you need more time, you can apply to extend your B-1 status.

2 Answers | Asked in Immigration Law for Missouri on
Q: H4 was valid till Sep 2017,extension filed in Oct 2017 and still pending. Can I travel Canada or India to get H4 stamp?
Shan Dimitris Potts
Shan Dimitris Potts
answered on May 10, 2018

If you are asking about getting a stamping after the H4 is approved, then yes it is okay to travel outside the US. But if you plan on traveling outside while it is still pending, it is not recommended.

All the best.

-Shan Potts

www.pottsmartinez.com

+1 (323) 803...
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1 Answer | Asked in Immigration Law for Missouri on
Q: Can I travel overseas with pending I485? I am a current F1 visa holder.

My us citizen sibling petitioned me for a green card. I130 is already approved and I485 is pending. Can I go overseas for 2 weeks, or must I stay till I receive the green card?

Carl Shusterman
Carl Shusterman
answered on May 9, 2018

If you have an Advance Parole, you can travel overseas while your I-485 is pending.

1 Answer | Asked in Immigration Law for Missouri on
Q: My daughter will marry her high school sweetheart from Mexico. He came to the US at 6 years old. Dad had a work visa.

The visa has expired. He has been here over 10 years. What are his options to become a citizen and to attend college?

Carl Shusterman
Carl Shusterman
answered on Apr 30, 2018

If your daughter is a US citizen and she marries her boyfriend, she can sponsor him for a green card. If he did not enter the US lawfully, they should meet together with an immigration lawyer.

1 Answer | Asked in Immigration Law for Missouri on
Q: My fiancé is from Australia and I'm a US citizen. Can we marry on a tourist visa if she is going to travel back often?

She has traveled here twice since last July on a tourist visa and I have went there once. She is pregnant and due in September. We are wanting to get married in USA in July then she will travel back to Australia, she's currently there now, then in Oct we both come back here to USA. She is... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Apr 23, 2018

That is a complicated question. A tourist is coming to the US for a short, temporary time period, but getting married when one is in the US as a tourist suggests that the person is going to do just the opposite. If she states to an immigration officer that she is going to marry a US citizen once... View More

1 Answer | Asked in Immigration Law for Missouri on
Q: my fiancee is a permanent res. but he is in jail and they have him on an immigration hold, why?
Maya King
PREMIUM
Maya King
answered on Apr 18, 2018

It could be a criminal hold if he was arrested. You need more information - contact ICE or an immigration attorney.

1 Answer | Asked in Immigration Law for Missouri on
Q: About R1& R2 visa? When changing the status from F to R1 do i need to attend the interview for visa stamp in USA?

I was in F2 status. Now i had applied I-129R with USCIS. And got approval notice from them. And what is the next procedure? Do i need to apply for visa interview for stamping the visa in passport. I am in USA itself. With this approval notice can i renew my Texas Driving license and apply SSN? OR... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Mar 15, 2018

It sounds like you changed your status, since you did it within the US. You should have gotten a document containing an I-94 that shows your new status. You do not need to leave the US to get a visa. If you do leave the US, you will not be able to come back unless you get a visa to do so.

1 Answer | Asked in Immigration Law for Missouri on
Q: My friend has a green card - are there any restrictions for her leaving and

then getting back into the country for a rafting trip we're planning in Argentina?

Maya King
PREMIUM
Maya King
answered on Jan 26, 2018

There shouldn't be any. Unless there are any outstanding criminal charges or warrants for her arrest. She needs a valid passport and a valid green card to travel.

1 Answer | Asked in Immigration Law for Missouri on
Q: Can i leave for my home country before my court date for a crime? My lawyer is representing me.

My F1 visa was terminated in September because I stopped going to school as i had financial issues. I was illegal for a while and was planning on leaving the country but I got arrested for some felonies in November and was in jail for 2 months. One of my case was dismissed but for the other one my... View More

Maya King
PREMIUM
Maya King
answered on Jan 24, 2018

If you leave the U.S. before resolving the charges, the court may forfeit your bail and issue a warrant for your arrest - which could complicate things for you in the future if you want to come back to the U.S. You should consult with your criminal attorney and an immigration attorney to avoid... View More

1 Answer | Asked in Immigration Law for Missouri on
Q: Hello, if I as a Russian green card holder go to visit Europe on a Schengen Visa

Is there a chance I won’t be let back into the U.S. considering the current political situation

Maya King
PREMIUM
Maya King
answered on Jan 23, 2018

It depends on your current status in the U.S. If you have valid U.S. status and a clear U.S. immigration history, short visits abroad should not affect your ability to return. If you have particular concerns, you should consult with an immigration attorney.

1 Answer | Asked in Immigration Law for Missouri on
Q: No passport how do I get stamp for proof to work and get drivers license. Have old expired green card. Waiting on I90
Maya King
PREMIUM
Maya King
answered on Jan 17, 2018

You shouldn't need proof on the I-9s simply because your green card expired. Your permanent resident status does not expire. Only a judge can take it away.

1 Answer | Asked in Immigration Law for Missouri on
Q: If I get arrested for shoplifting, will that affect my ability to get my green card that I've applied for and am

otherwise eligible for?

Andrew Schach
Andrew Schach
answered on Jan 8, 2018

Thank you for your question.

The green card interview will focus on who an applicant is, as a person. This takes into account any criminal activity, community involvement and their ability to contribute to society. Specific to your arrest, it depends on many factors, including what you...
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1 Answer | Asked in Immigration Law for Missouri on
Q: address change

I am intending to apply for naturalization in. the upcoming weeks. I found that I failed to update my address in the 10 days window multiple times. please advise regarding the timing of application submission? thanks

Kevin L Dixler
Kevin L Dixler
answered on Jan 3, 2018

If you have updated your address by filing for AR11, and have complied at the time of filing, then this is what the USCIS is usually concerned about as a matter of discretion.

If you have any questions or concerns, I strongly recommend an appointment with a competent and experienced...
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1 Answer | Asked in Immigration Law for Missouri on
Q: How do I secure a certificate from Attorney General (Tvisa-Traffic in person), the defendant has been prosecuted.

I was granted a Tvisa on August 16, 2016 (valid up to August 15, 2020) has an option for adjustment on August 2019. It has also an option for adjustment for green card if an Attorney General can certify that the case is close. Based on information available the Trafficker has been prosecuted and... View More

Lindsay G Gray
Lindsay G Gray
answered on Jun 7, 2017

Each law enforcement agency has different policies about how to go about requesting these letters. I would recommend calling the AG's office to ask what information they would like in order to write the letter, or contacting an experienced immigration lawyer who can guide you through the... View More

1 Answer | Asked in Immigration Law for Missouri on
Q: My fiances mother ia a permanent resident if she pettitions for her son who js hwre but his priority expired

Will he have to leave the us to get his green card?

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock
answered on Jun 2, 2017

The answer to your question depends on whether her son is a minor or over 21. It also depends on whether her son is married or single. You might look into whether your fiance's mother is eligible for citizenship in order to help her son.

2 Answers | Asked in Immigration Law for Missouri on
Q: A friend got a DUI - he is here on a student visa, will it get revoked?
Lindsay G Gray
Lindsay G Gray
answered on May 16, 2017

The Department of State published a memorandum in Fall 2015 that permits (or even encourages) visas to be revoked when someone has been arrested for DUI. So it's quite possible that the visa could be revoked. I would consult with an attorney who practices both immigration and criminal law.

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1 Answer | Asked in Immigration Law for Missouri on
Q: I want to marry my girlfriend fom Peru but we haven't met - I can't travel due to health issues. What is the easiest way

- I can't travel due to health issues. What is the easiest way to marry her so she can come live with me in the US? Does she need a special visa?

Lindsay G Gray
Lindsay G Gray
answered on Apr 8, 2017

You can file for a K-1 under special circumstances, but I would certainly recommend consulting with an experienced immigration lawyer before you do, because it can get tricky. Good luck!

1 Answer | Asked in Immigration Law for Missouri on
Q: Can a student in the US here on a student visa get a driver's license?
Kyndra L Mulder
Kyndra L Mulder
answered on Feb 23, 2017

Yes. You will be given a license for no more than the term of your current visa provided you meet all other requirements.

1 Answer | Asked in Immigration Law for Missouri on
Q: How do you calculate the start of your permanent residency?
Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock
answered on Jan 26, 2017

From the date of your admission as a permanent resident (usually the date your green card is issued).

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