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Oklahoma Immigration Law Questions & Answers

3 Answers | Asked in Immigration Law for Oklahoma on

Q: My husband has been going through immigration court his attorney told the judge my husband would be applying for asylum

Even tho I am a us citizen his wife and we have a child together we have filled out the i-130 on 10/29/18 we have not heard anything back. Fyi the attorney was the one who told us to fill it out and submit. My question is was the attorney doing good in saying my husband wanted asylum when the atty... Read more »

Sheri A Benchetrit answered on May 6, 2019

I would need more information in order to give you a proper answer. I can tell you that if the I 130 was filed while your husband was in immigration proceedings, it will take a very long time (as much as a year or more) to receive an answer. This is because the matter is sent to a specific unit... Read more »

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1 Answer | Asked in Immigration Law for Oklahoma on

Q: What is the background to Deferred Action for Childhood Arrivals (DACA)?

Pros and Cons of DACA? How has been affected by DACA? What laws regulate DACA? What is the current status of DACA? Why was DACA put in place by president Obama? Why has our current president Trump revoked DACA?

Suraj Vyas answered on Apr 3, 2019

A pro for DACA is that it is good for the economy. A con for DACA is that it encourages illegal immigration. In 2014, the Administrative Procedures Act was used to try to show DACA as being unconstitutional. Last year, DACA was ruled as unconstitutional, but DACA has remained in place while legal... Read more »

2 Answers | Asked in Immigration Law for Oklahoma on

Q: If I am a green card holder and I get married to a US citizen will I be able to fill the N-400 earlier

Deron Edward Smallcomb answered on Mar 14, 2019

If your green card was obtained as a result of being married to the same US Citizen, then you would likely be eligible. You should contact an experienced immigration attorney to determine your options.

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3 Answers | Asked in Criminal Law, Divorce, Family Law and Immigration Law for Oklahoma on

Q: Will this law protect us? If me and my mother are not yet citizens, but we do have green cards, and residents for 10yr+.

My step-father verbal abuse us for many years, and we have some of them recorded. We are residents in Tulsa for over 10 years.

Kelli Y Allen answered on Jan 20, 2019

I'm not sure of your questions, but as long as you are permanent residents, you don't need to worry about an immigration issue. You may want to consider applying for naturalization.

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1 Answer | Asked in Immigration Law for Oklahoma on

Q: Is my son considered a natural born citizen of the US? Can I tell him he could be president someday?

My son was born in the Philippines but has acquired his US citizenship through my being a US citizen.

Hector E. Quiroga answered on Oct 23, 2018

Historically being a natural-born citizen meant being born in the US; however, Senator Ted Cruz of Texas ran for president in 2016, and he was born in Canada. His mother was a native-born US citizen and didn’t naturalize.

3 Answers | Asked in Immigration Law and Criminal Law for Oklahoma on

Q: When will an inmate be informed if he will be deported?

My husband was sentenced to 4 years at 85% for drug trafficking. He is a U.S resident he was never informed of any possibility of deportation during or after his plea. He has left the county and will be transferred to prison. When will he be informed of deportation if that applies to him?

Carl Shusterman answered on Jun 9, 2018

ICE will place an "immigration hold" on him. When he is freed from criminal custody, he will be placed in immigration custody and will have a deportation hearing before an Immigration Judge.

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1 Answer | Asked in Immigration Law for Oklahoma on

Q: Husband filed I212 waiver Unfortunately, he entered into a short affair. Now she is threatening to call immigration

and claim he is trying to re-enter under fraud. This is NOT true. I have forgiven him of this transgression. Can an affair count as fraud for re-entry? Also - can she be held accountable for harassing an immigrant?

Carl Shusterman answered on May 31, 2018

Having an affair is generally not a grounds for fraud. However, It could make the USCIS suspicious as to the bona fides of your marriage.

1 Answer | Asked in Immigration Law for Oklahoma on

Q: Birth Certificate as per passport Validity?

Hello

I am a US citizen applying for I-130 Spousal Visa for my wife. Our Petition is Approved, but I read on the Embassy checklist that they require an original birth certificate on hand for the interview. My wife is an Indian National, born in Saudi Arabia, who lives currently in Qatar.... Read more »

Hector E. Quiroga answered on Apr 23, 2018

Your wife was born in Saudi Arabia, not India. She must present the Saudi birth certificate.

2 Answers | Asked in Criminal Law and Immigration Law for Oklahoma on

Q: In Oklahoma does a drug felony result in deportation even if your a green card holder?

Husband is in OKC for drug trafficking he was sentenced to 4 years and wasn’t told about deportation once time is served. Will he be deported or would he have been told during his sentencing?

Robert Donald Gifford II answered on Apr 4, 2018

It is very likely. A drug trafficking offense is one that will get you deported, however, and assuming he pleaded guilty rather than taking it to trial, the United States Supreme Court stated in Padilla v. Kentucky that a plea is not a knowing and voluntary one if he was not advised of the... Read more »

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1 Answer | Asked in Criminal Law and Immigration Law for Oklahoma on

Q: My husband is in Oklahoma county for a felony he is a green card holder will he be deported for his felony once his time

Is done?

Keegan Kelley Harroz answered on Apr 3, 2018

Yes, felonies and some misdemeanors will result in deportation. If he returns to the US illegally it is a felony offense that has a 20 year penalty.

1 Answer | Asked in Immigration Law and Domestic Violence for Oklahoma on

Q: My husband has warrant for DV on him from a prior relationship and is on ice hold, is there anything that can be done?

Gary Johnston Dean answered on Feb 9, 2018

You should consult an experienced Immigration Law Attorney, in your area, for help with this problem .

1 Answer | Asked in Immigration Law for Oklahoma on

Q: would a permanent resident be at risk of losing their card if they separated a yr after getting married?

Couple married 2012. Separated and moved to separate housing Jan 2013. Wife obtained permanent resident card although sponsor didn't attend meeting or wanted to proceed with sponsorship. But, legally the couple is still married. In this situation, did she obtain the permanent resident card legally?... Read more »

Hector E. Quiroga answered on Feb 9, 2018

She needs to show that they married in good faith and not with the intention to circumvent immigration law.

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

Q: My brother had a student visa when he found out the brain cancer. I'm citizen could I help him to fix his status?

He was doing masters degree. 15 years living in USA. Rare cancer.

Gary Johnston Dean answered on Jan 22, 2018

I hope he is doing well by the time you read this. I'm really sorry no one answered your question earlier. It so old now, you have probably found an answer elsewhere. If you still have questions about this ask your question again, and give as many detailed facts as you can. Take care, and good... Read more »

1 Answer | Asked in Immigration Law for Oklahoma on

Q: I am a DACA recipient. I live in Oklahoma and was wanting to travel to California. Would I still be able to fly in 2018?

I was wanting to leave December 28th (from Oklahoma) and come back January 8th, 2018

Hector E. Quiroga answered on Dec 8, 2017

If your question is about when the REAL ID Act takes effect, that’s January 22, 2018, so if you complete your travel before that date, you should not have any issues.

1 Answer | Asked in DUI / DWI and Immigration Law for Oklahoma on

Q: If someone lived here years and went back to Mexico city and now can't come back is there anyway he can if so how

Frank A. Urbanic answered on Jun 6, 2017

Yeah that person can come here legally. Consult the local consulate to figure out the legal way to enter the United States.

1 Answer | Asked in Employment Law and Immigration Law for Oklahoma on

Q: If the employer in Oklahoma cannot fill an I-9 for an international, what other forms must they fill out?

I am a international who graduated from college last year and is currently married to an American Citizen. We've been told by an immigration lawyer that I'm technically allowed to work but I cannot fill out an I-9, are there some other forms that an employer must fill out in order to hire me? If... Read more »

Howard Berkson answered on Apr 20, 2017

If you are technically permitted to work, then your immigration attorney should be able to guide you toward getting whatever documents you need to fill out Form I-9. Whether the document is a work visa or a social security card or a U.S. passport or something else permitted, you can't work legally... Read more »

1 Answer | Asked in Immigration Law for Oklahoma on

Q: How long before my father can apply for visa after released frim jail.

Kyndra Mulder answered on Mar 25, 2017

You have not provided enough information. Your question can not be answered.

1 Answer | Asked in Immigration Law for Oklahoma on

Q: Re: I-797A

My wife is primary E2 applicant and I and my son are E2 Dependent. We have received our I797A Notice of action for approval of E2 but My wife got approved for 2 years and me and my son got approved only till Feb 24,2018. My son will become 21 on Feb 24,2018 so that fine for him, buy I don't... Read more »

Heather Travar answered on Feb 11, 2017

E2 treaty investors are admitted for an initial two-year period. Dependents are in the same classification as the principal alien and are admitted for the same time period. It sounds like either you may be changing status or you're referring to the expiration of your visa. If you need additional... Read more »

1 Answer | Asked in Immigration Law and Criminal Law for Oklahoma on

Q: 21 O.S. 1708 a violent crime??

Melinda Leigh Alizadeh-Fard answered on Oct 29, 2016

§21-1708. Grand larceny in night time from person a felony.

When it appears upon such trial, that such larceny was committed by stealing in the night time, from the person of another, the offender shall be guilty of a felony punishable by imprisonment in the State Penitentiary not...
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1 Answer | Asked in Immigration Law for Oklahoma on

Q: I am a Syrian,i applied an immigration file I-130 and it was approved, what are steps to transfer file to USRAP

Melinda Leigh Alizadeh-Fard answered on Oct 29, 2016

You did not indicate where you are currently. Syrian beneficiaries of approved I-130 immigrant visa petitions have the option to apply directly to the USRAP in certain locations throughout the Middle East and North Africa. If you are a Syrian beneficiary of an approved I-130 petition, you have... Read more »

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