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Nebraska Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for Nebraska on

Q: I moved over here to the US over 3 years ago on the K1 visa and my husband wants to split up, what are my options

I havent got my 10 year green card yet, will I be deported, can I stay in the US if I want ?

Thank you

Kevin L Dixler answered on Dec 23, 2018

If you married your husband based upon a K-1 visa, then you have proven that you entered the marriage in good faith. The only issue is whether the I-864 must be completed by your husband. There are significant legal arguments. I strongly recommend an appointment with a competent and experienced... Read more »

1 Answer | Asked in Immigration Law for Nebraska on

Q: How long does a sposal visa take & what does it cost

Ms Grace I Gardiner answered on Nov 24, 2018

Recently it has been taking two to three months for a spousal visa if the spouse is in the USA otherwise it can take up to a year.

It also depends on whether waivers are needed

The cost depends on where your spouse is located and whether you need a cosponor or whether your spouse...
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1 Answer | Asked in Immigration Law for Nebraska on

Q: N-400 denied because of failure to establish the residence requirement. Appeal?

My uncle has been a permanent resident for 14 years. During the last 5 years, he has lived in US for more than 2.5 years to meet the citizenship requirement (he has been in US for about 7 months every year ). He has filed his taxes every year but he never had a job or house in US (he lives with his... Read more »

Ms Grace I Gardiner answered on Oct 31, 2018

Unless you have additional documents to prove otherwise it does not make sense appealing. He needed to be present in the USA for 18 months before applying. Every time he stayed out more than 180 days before returning you had to start counting towards the five year presence

1 Answer | Asked in Immigration Law for Nebraska on

Q: Solid financial information for sponsoring a fiance?

I am finding information that is not solid. I am finding information that for just two dependents (him and me) the HHS requires 125% of roughly $16,500 for annual income to sponsor. That seems VERY low. But other sites are saying that I would need to make at least $31,000 for a 4+ person household.... Read more »

Hector E. Quiroga answered on Sep 19, 2018

The $16,400 figure is for active military service members who are sponsoring a spouse or minor child. It is 100% of federal poverty for a household of 2. 125% of federal poverty for a household of two is $20,575. For a household of four it is $31,375. It doesn’t matter how many jobs you have, so... Read more »

1 Answer | Asked in Immigration Law for Nebraska on

Q: Hi I’m wondering how go by bringing my husband back on a visa he was charge with conspiracy did time then deported

He’s been in Mexico for 8 years we have son together that has medical issues going on

Kevin L Dixler answered on Sep 17, 2018

Some parents can never return to the U. S. There are times when exceptional work is undertaken with quite a few hours invested to overcome a permanent bar. A conspiracy to commit a crime can be a permanent bar without substantial work and patience. This, to prove to the satisfaction of the USCIS... Read more »

1 Answer | Asked in Immigration Law for Nebraska on

Q: Is registering in a Sliding Fee Discount Program in a health centre considered to be a 'Public Charge' for J1-visa?

The health centre is 10% funded by state .

Hector E. Quiroga answered on Aug 20, 2018

Not necessarily; however, if the government implements the new public charge regulations, it could be one factor that is weight negatively against anyone who has applied for and received it.

1 Answer | Asked in Immigration Law for Nebraska on

Q: My father was picked up from I.C.E sentenced for 4 yrs, then will be deported is it too late get a lawyer?

Why so many years for reentering the US since 2000

Carl Shusterman answered on Jun 3, 2018

Was he convicted of a crime? If so, what was the crime?

See an immigration attorney before he gets deported. He is entitled to a hearing before an Immigration Judge.

Carl Shusterman

www.shusterman.com

1 Answer | Asked in Immigration Law for Nebraska on

Q: I got charged with assault and battery will that hurt me for getting a green card

Carl Shusterman answered on Jun 3, 2018

If you are convicted, the answer is yes. Assault and battery is a crime of moral turpitude. You need a criminal attorney and an immigration attorney.

1 Answer | Asked in Immigration Law for Nebraska on

Q: Risks and Pitfalls of Marrying while on Tourist Visa?

I have been dating a foreign girl for the better part of a year. She is planning on coming to the States for a month to visit me, family, and some colleges and possibly come back on a Education Visa later.

From a legal standpoint, what is the legality of getting married while she is here?... Read more »

Carl Shusterman answered on Apr 28, 2018

Under the Trump Administration, if you are going to get married to someone you is here on a B-2 tourist visa, it is best to wait until they have been in the US for 90 days before getting married.

1 Answer | Asked in Immigration Law for Nebraska on

Q: Risks and Pitfalls of Marrying while on Tourist Visa

I have been dating a foreign girl for the better part of a year. She is planning on coming to the States for a month to visit me, family, and some colleges and possibly come back on a Education Visa later.

From a legal standpoint, what is the legality of getting married while she is here?... Read more »

Carl Shusterman answered on Apr 28, 2018

Under the Trump Administration, if you are going to get married to someone you is here on a B-2 tourist visa, it is best to wait until they have been in the US for 90 days before getting married.

2 Answers | Asked in Immigration Law for Nebraska on

Q: I'm an international student in the US right now for 6 months, can I apply for asylum?

I'm also a former participant in IYLEP (Iraqi young leaders exchange program) and this program took place in the united states and I got harmed and really bothered in Iraq for being a part of it, so will this thing help me if I apply?

Hector E. Quiroga answered on Jan 9, 2018

Yes. You should speak with an immigration attorney ASAP to provide specific details about your case to see if it is viable. You must file within one year of your last arrival.

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1 Answer | Asked in Family Law and Immigration Law for Nebraska on

Q: I have a brother who lives in Guatemala how can I get him to come to the US to visit and meet his son

Matthew J Hartnett answered on Feb 2, 2017

Has he ever been in the USA before? If not, he could try to apply for a tourist visa at the US consulate in Guatemala City. He would need to show very strong connections to Guatemala.

1 Answer | Asked in Immigration Law for Nebraska on

Q: What to answer if Immigration officer ask mom what your daughter is doing as daughter is on H1b never worked .

Kyndra Mulder answered on Jan 28, 2017

I suggest that mother and daughter have a private conversation with an experienced immigration attorney before answering any questions.

1 Answer | Asked in Immigration Law for Nebraska on

Q: Will my wife lose her visa? Does that affect her filing?

Hello, my wife, in Jamaica tried to apply for my son's visa. They denied the visa and stated that how she got hers was not right because she had said she did not have a child with an lpr dad, but she was not asked about it and she had told them she lives with her parents and child, also that she... Read more »

Kyndra Mulder answered on Jan 14, 2017

Yes it is possible. She may be charged with misrepresentation of a few issues considered to be material. I suggest you have an experienced immigration attorney review the file before she takes any action.

1 Answer | Asked in Family Law, Immigration Law, Civil Rights and Social Security for Nebraska on

Q: I can't prove that I was born in the U.S... Help.

How can I prove my U.S citizenship when I have no birth certificate, SSN, school records, And even medical and dental records?

Because I am 17 years old. And I plan on going to job corps for awhile... I need a birth certificate and a SSN... (Kinda rushed on time... SOOO I kinda wrote this... Read more »

Shan Dimitris Potts answered on Jul 14, 2016

Hello,

This matter is better handled privately, there is a possibility for a FOIA in your situation. Consult with an immigration attorney in private to handle this problem. If you would like a free consultation feel free to contact my office (323-803-7147).

All the best....
Read more »

1 Answer | Asked in Immigration Law for Nebraska on

Q: As at now (in June) I have B1/B2 tourist status. I am physically present in US. My tourist status ends in August.

I would like to submit simultaneously i-140 (EB1 immigration working visa) and i-589 (asylum) in July, i. e. 1 month before my visitor status ends. I know that most probably i-140 result will be sooner than i-589. But both i-140 and i-589 results will be after my visitor status ends. And most... Read more »

Shan Dimitris Potts answered on Jun 27, 2016

Hello,

Regarding filing two petitions simultaneously, it shouldn't create a issue as USCIS deals with the applications separately, even more so when you apply for asylum. If you are self-petitioning for an I-140 the process is completely different compared to an employer sponsoring you and...
Read more »

1 Answer | Asked in Immigration Law for Nebraska on

Q: I applied for i-140 and USCIS denied my petition. Now I am in B1/B2 status (tourist) in US. May I apply for asylum?

i-140 means form for the purpose of EB1 visa (immigrant petition for the alien worker).

Shan Dimitris Potts answered on Jun 2, 2016

You may be able to apply for Asylum but note that the processing time and the interview scheduling times are very long and it might go even longer now that the elections are approaching. I suggest you talk to an immigration attorney to find out if there are other benefits that might help in the... Read more »

1 Answer | Asked in Immigration Law for Nebraska on

Q: My dad file for my mom for a permanent resident card but she got denied because she try to cross illegal with documen

My dad file for my mom for a permanent resident card but she got denied because she try to cross illegal with documents of another person, and my mom bean in Mexico for 10 years and I'm a US citizen and I would like to file here papers again you think will have the same problem

Camlinh Nguyen Rogers answered on Aug 12, 2015

The stated facts create a complex case. Seek opinions from an experienced immigration attorney. Good luck. www.aba-us.com

1 Answer | Asked in Immigration Law for Nebraska on

Q: I am a Filipino who is a U.S. citizen, can I petition my niece to come to America?

Shan Dimitris Potts answered on Jul 28, 2015

You can only petition your direct relatives (Spouse,siblings,parents). Talk to an attorney to find out what options your niece has if she wants to come to america. All the best.

"15 years of successful immigration law experience. The answer above is only general in nature cannot be...
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1 Answer | Asked in Immigration Law for Nebraska on

Q: I am an F1 OPT extension in USA. My Employer, a cap exempt company applied for my H1 Visa. I planning to apply for MAVNI

I am an F1 OPT extension in USA. My Employer, a cap exempt company applied for my H1 Visa. I am planning to apply for MAVNI. Now, as my H1 application is with immigration , i am worried as US army is going to send my documents for verification to USCIS who have my H! application also. ough the... Read more »

Camlinh Nguyen Rogers answered on Jan 26, 2015

The stated facts create a complex case. Complete contact form on our website to learn how we proceed with your case. Good luck.

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