New Mexico Immigration Law Questions & Answers

Q: Should I apply for naturalization if my mom is applying already when i am under 18 on the application date.

2 Answers | Asked in Immigration Law for New Mexico on
Answered on Jan 8, 2019
Kelli Y Allen's answer
If your mom becomes a naturalized citizen before you turn 18, you will likely derive citizenship from her and would file an N-600. However, if her application is still pending when you turn 18, you will not be eligible for derived citizenship and would need to file your own N-400.

Q: Abandoned teenager, came on a tourist visa. Dad never came back for her. Mom was killed. What option do I have

1 Answer | Asked in Immigration Law for New Mexico on
Answered on Apr 8, 2018
Juan V. Cervantes' answer
This sounds like a very sad situation. It sounds like she may eligible for SIJS. Please seek legal assistance immediately as SIJS is a cumbersome process with multiple steps.

Q: My i751 was never filed and I am now a TR. What do I need to do to resolve my immigration status now?

1 Answer | Asked in Immigration Law for New Mexico on
Answered on Dec 21, 2017
Hector E. Quiroga's answer
The I-751 must be filed jointly by the conditional resident and the spouse through whom residence was acquired no more than 90 days prior to the card’s expiration date. There are some exceptions to this. If the marriage ended due to divorce, death, or if there is DV, then the 2-year requirement is waived and the I-751 can be filed at any time prior to the conditional resident’s placement in removal proceedings. If the couple is still married and DV is not an issue, then the couple needs to...

Q: I am on six months period after applying for my OPT extension recently I received approval for I-140 what should I do

1 Answer | Asked in Immigration Law for New Mexico on
Answered on Jun 10, 2017
Roger Carl Algase's answer
For someone who has an approved I-140 and is in the US with a legal visa and a current priority date, the next step is usually to file an I-485 Adjustment of Status green card application.

Q: my recently renewed passport has NO entrance stamp. going back to Europe after 30 years. should I worry?

1 Answer | Asked in Immigration Law for New Mexico on
Answered on Apr 4, 2017
Kyndra Mulder's answer
There is no problem with your leaving the USA.

Q: My ex is from mexico no social or state id and is trying to take my girls from me can she do that w/o being a us citizen

1 Answer | Asked in Immigration Law and Child Custody for New Mexico on
Answered on Mar 26, 2017
Kyndra Mulder's answer
Immigration status has no bearing on parental rights. She can however be ordered not to take the children out of the state and specially the country. I suggest you contact a family law attorney.

Q: Is it legal for an office to deny you're entry to the US for no specific reason?

1 Answer | Asked in Immigration Law for New Mexico on
Answered on Jan 24, 2017
Kyndra Mulder's answer
A visa does not grant a person entrance into the USA. A visa only gives a person the right to approach the border and request admission. A Boarder Patrol Officer has the authority to grant or deny admission and determine the period of time a person may remain in the USA without incurring unlawful status. When an officer suspects that there may be an intention to remain in the USA as an immigrant when a person has a non immigrant visa s/he will often revoke or shorten the period of stay granted....

Q: is t legal to be questioned by immigration officials in a language that is not your native language?

1 Answer | Asked in Immigration Law for New Mexico on
Answered on Feb 27, 2016
Camlinh Nguyen Rogers' answer
Need more specific facts to answer this question

Q: I am a US citizen, wife of 6 yrs Russian, now in US on B1/B2, can she apply for adjustment of status? How?

1 Answer | Asked in Immigration Law for New Mexico on
Answered on Feb 12, 2016
Shan Dimitris Potts' answer
You need to file a green card petition for her, contact an immigration attorney over the phone or email to help you set this process up. The whole process only takes about 6 to 8 months if done properly by an immigration attorney. Mistakes or any documentation done improperly can make the process longer. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.

-Shan Potts

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Q: how can I get a matricula consular?

1 Answer | Asked in Immigration Law for New Mexico on
Answered on Jan 21, 2016
Dawn Chere Sequeira's answer
If your husband is a USC, you do not need anything that your mother filed. Meet with an attorney.

Q: if my future exwife got her greencard thru me (but its already expired),has apply for U.S.A. citizenship..."am I supose

2 Answers | Asked in Immigration Law for New Mexico on
Answered on Dec 30, 2015
Shan Dimitris Potts' answer
If you are legally divorced she wouldn't require any signature from you. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any...

Q: Are the dates for FILING family-sponsored visa applications in October Visa bulletin relevant for consular processing?

1 Answer | Asked in Immigration Law for New Mexico on
Answered on Sep 16, 2015
Shan Dimitris Potts' answer
It is tricky with consular with the new rule, you should consider talking to an attorney in private, it also differs for different countries. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will...

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