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Ohio Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Ohio on
Q: I9 question

I became a citizen 3 days ago and have to wait at least 10 days to update my SSN. I have to fill out an I9 for a new job. Should I select permanent resident or citizen? My permanent resident card was still valid but I had to surrender it upon taking the oath. Thank you.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 15, 2021

If you legally became U.S. Citizen after an oath ceremony you have to state USC and cannot write LPR, Social Security Number notwithstanding.

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1 Answer | Asked in Immigration Law for Ohio on
Q: My wife arrived in the USA on a CR1 immigrant visa. She already received her social security card. Can she work now?

She hasn't received her green card yet. Does she need that before she can legally work?

Kyndra L Mulder
Kyndra L Mulder answered on Aug 20, 2021

Your wife is an LPR from the date her application was approved. She can work as long as an employer will hire her with out the card.

1 Answer | Asked in Immigration Law for Ohio on
Q: turned my i485 few months ago. I forgot to include a name where it said ‘alias’. can I include name in biometrics form
Kyndra L Mulder
Kyndra L Mulder answered on Aug 18, 2021

Yes you can.

If the name is crucial such as a familial name or first name you should send in a cover letter and amended page to the form.

1 Answer | Asked in Domestic Violence, Criminal Law and Immigration Law for Ohio on
Q: Hello Justia. Can I become a naturalized US citizen in the future despite having a misdeamenor for domestic battery.

I was charged with domestic battery in July 2020 which I pleaded guilty to. I was given a 1 year probation. What are my chances of becoming a US citizen in the Future. Thanks

Matthew Williams
Matthew Williams answered on Jul 18, 2021

Without professional help, very little. You need to talk to a lawyer.

2 Answers | Asked in Immigration Law for Ohio on
Q: I want to ask about the immigration 90-days rule for changing F1 to Green Card.

I am a U.S citizen and I want to marry an F1 student who will enter the U.S this summer, can we apply to a marriage green card right away and cancel her classes for now until she gets the in-state tuition fee ? or that would be risky due to the 90 days rule ? and if we do apply for the green card... Read more »

Agnes Jury
Agnes Jury answered on May 26, 2021

I would encourage you to speak with an experienced immigration attorney to go over the worst case scenarios based on your intentions. Many firms such as mine offer free consultations. Best wishes!

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3 Answers | Asked in Immigration Law for Ohio on
Q: My fiancee lives in Honduras. What do I have to do to get her and her daughter to America?
Adan Vega
Adan Vega answered on May 22, 2021

If you are a U.S. citizen you can file the FORM I-129F on behalf of your fiancée and her daughter. You can read the instructions to that form or visit with an experienced immigration attorney for guidance and assistance.

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1 Answer | Asked in Divorce and Immigration Law for Ohio on
Q: Will courts in Ohio terminate a marriage after 19 year separation from spouse?

Married in 2002, he left in 2005 for Mexico and never came back.

Agnes Jury
Agnes Jury answered on May 4, 2021

Yes. Desertion, which also may be referred to as abandonment, is a divorce ground in many states (including Ohio). When one spouse leaves for one year without the consent of the other, this is considered desertion. The length of time required for divorce may vary from state to state, but in Ohio it... Read more »

2 Answers | Asked in Immigration Law for Ohio on
Q: Can I file I-485 (AOS) while my f-1 reinstatement is pending with USCIS.

I received an approved i-130 for unmarried son of US citizen F-1 category and thought i was in the clear.. stopped taking classes fell out of F-1 student status as a result.. when priority date became current, seeking advice I realized my mistake and applied for f-1 student reinstatement as fast as... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 22, 2021

This seems problematic, but more information is needed and quite soon! How long ago have you fallen out of status? Have you engaged in unlawful employment? The change in plans, that is, the desire to immigrate can impact upon your right to reinstate F-1 student visa status. Yet, there may be... Read more »

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1 Answer | Asked in Immigration Law for Ohio on
Q: Hello- Could someone give me guidance regarding an issue with applying for citizenship? Thank you!

Hello,

My girlfriend is applying for US citizenship, but is having trouble. She currently holds an IR7 green card which she has been renewing for many years.

She is no longer under 18 years of age and has been renewing her green card for years without realizing she already qualified... Read more »

Matthew Williams
Matthew Williams answered on Feb 16, 2021

Your girlfriend should speak with an immigration attorney about the specifics of her case. It matters whether one or both of her parents is a USC, which one, if only one, where she has been living, when she was born and entered the US, etc. She may be eligible to apply for citizenship, but it... Read more »

1 Answer | Asked in Immigration Law for Ohio on
Q: My husband was charged with Domestic violence. Is that automatically deportation.
Matthew Williams
Matthew Williams answered on Jan 28, 2021

It's not automatic, but it could certainly lead to removal proceedings. He needs to get an attorney.

1 Answer | Asked in Immigration Law for Ohio on
Q: What will happen if we make a mistake in the citizenship n 400 form?

I just applied for citizenship n 400 and put no on the question legally change name instead of yes. But there was also the next question have u used any different names like the nickname... On that, I put yes... Now, what will happen? Please tell me?

Kevin L Dixler
Kevin L Dixler answered on Nov 29, 2020

Just correct the answer when you attend the examination. The examiner should be helpful. The examiner will realize that you want to be truthful, but may have been confused.

The above is general information, not legal advice, and does not create an attorney client relationship.

1 Answer | Asked in Immigration Law for Ohio on
Q: Are we eligible for a k1 visa if US citizen has a felonious assault charge against a girlfriend?

I'm from the UK

Stephen Arnold Black
Stephen Arnold Black answered on Nov 18, 2020

Hello, under the Adam Walsh act, a United States citizen is precluded from sponsoring a foreign national for immigration benefits if that US citizen has a conviction involving sexual offenses against a minor. Accordingly, I doubt that a felonious domestic violence conviction against a previous... Read more »

1 Answer | Asked in Immigration Law for Ohio on
Q: Status adjustment through marriage with US citizen

I got married recently with a Venezuelan and he has a pending asylum case which he filed after one year of arriving in the US with a tourist visa. As of today his work permit is expired. I want to submit petition i-130 along with adjustment of status. Which issues is he going encounter in the... Read more »

Yanky Perelmuter
Yanky Perelmuter answered on Nov 1, 2020

It is difficult to determine what issues one would encounter during the immigration process without very particular details regarding the applicants entry, applications submitted, immigrations history, etc.

Regarding employment questions on Form I-485, check the USCIS Policy Manual at...
Read more »

2 Answers | Asked in Immigration Law for Ohio on
Q: Can I file I-485 when my spouse is traveling outside US?

Hi,

Me and my spouse have valid medical tests and the appropriate 485 paperwork done in the USA. Can I file I-485 with my spouse being outside USA?

Adan Vega
Adan Vega answered on Sep 24, 2020

Your spouse must be physically present in the U.S. if she/he wishes to file the FORM I-485 with USCIS. Moreover, your spouse must be eligible to adjust status with USCIS prior to filing the FORM I-485.

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1 Answer | Asked in Immigration Law for Ohio on
Q: How to apply for B2 Visa renewal while staying the USA? Unable to travel back to home country due to COVID-19

Information regarding the B2 Visitor Visa renewal for my mother while staying in the US.

She traveled to the USA in Dec 2019 and she had expected to return to India in May 2020. However, her flights were cancelled due to COVID-19, so I have applied for stay extension (I539 in progress)... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jul 17, 2020

All she can do while she is in the country is extend her status, and she has taken the necessary steps to do that. She can only apply for the visa out of the country. A visa only allows someone to present themselves at the country’s border to request entry. The I-94 is the controlling document... Read more »

1 Answer | Asked in Immigration Law for Ohio on
Q: How to adjust given name and last name on my first green card ?

I’m immigrant and on my native passport by mistake first name box was left blank and my whole name ( two parts ) was written in last name box . I got visa n moved in US . On visa embassy wrote FNU in given name to fill the place, and my whole name in last name box.

Is there any way so... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 8, 2020

You can request the name be corrected by filing an application to renew/replace your card. If the error was your mistake you will need to pay the filing fee. if it was the mistake of the service you will not need to pay. Include a cover letter explaining and supporting documents to indicate what... Read more »

1 Answer | Asked in Immigration Law for Ohio on
Q: How to correct first name ( FNU) on first permanent residant card as my passport has all my name in last name box only?

I have IR1 visa and now waiting for my permanent resident card . My passport has my name only is last name n given name is empty.

On my visa sticker i have last name as its on my pasport but in given name its written FNU,

Is there some thing i can do to get red of FNU n half of my... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 7, 2020

You can request a replacement card. if the error in your name was your fault you will need to pay the fee. If it was an error of the USCIS you will not need to pay the fee.

1 Answer | Asked in Immigration Law for Ohio on
Q: My latest I-797 form was transferred from WAC TO EAC Center. Where should i mail my I-539 application? Thank You!!

Hello Sir / Madam,

My latest I-797 form to extend my status was filed to California center and they transferred it to Vermont center. My petition was denied and I'm unable to return back to home country due to current pandemic situation. I'm trying to file Form I-539 Change to... Read more »

Drew Elesh
Drew Elesh answered on May 17, 2020

Follow the instructions at USCIS.gov which have direct filing addresses. That determines the correct address. For example for extensions it may be a Dallas Texas P.O. Box

1 Answer | Asked in Immigration Law for Ohio on
Q: I have approved I-140. For my dependents i-944, shall i select yes on "Do you have approved I-140"? Page11, Part4, Item1

My dependents don't have any work approved petition. They are filing based on my approved I-140.

Robert Roy Klein
Robert Roy Klein answered on May 13, 2020

Derivatives don't file their own 944s. Only the 485 applicant needs to file it.

1 Answer | Asked in Immigration Law for Ohio on
Q: H1B and Marriage Help

I have my H1B extension in process and received an RFE on it .My I-94 was expired on Feb 2020.

My fiancé is an American citizen and we are planning to get married next Year.

In Worst case scenario if my Visa is denied we don't want go through the K1/K3 process.

So we... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on May 4, 2020

If you entered the United States legally and then you marry a US citizen, then you can adjust status to get your green card. I would not leave the US until you have obtained the green card. Good luck.

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