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Oregon Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Oregon on
Q: If my change of status petition to H1B or EB visa is denied will I loose my F1 status?

I am a first year PhD student on an F1 visa. If I receive a job offer from an NGO or university, and my change of status petition to H1B or an EB visa is denied, will I loose my F1 status and have to leave the country? My F1 visa is currently valid for 3 more years.

Hector E. Quiroga
Hector E. Quiroga answered on Oct 16, 2020

If your visa is otherwise still valid, the denial of your change of status application will not cancel your F1 visa.

1 Answer | Asked in Immigration Law for Oregon on
Q: I been in America for over 23 years illegally. I have kids here i was told if marry i would be barred?

Will I be permanently barred from the us...I am an artist and i dont have a criminal record I just need help with a work visa so I can provide more stability for my family

Hector E. Quiroga
Hector E. Quiroga answered on Oct 16, 2020

Marrying a US citizen or LPR can be a pathway to lawful permanent residence. You might have to return to your native country to attend a visa interview and you might need a waiver to overcome your unlawful presence—the bar of which you speak.

1 Answer | Asked in Immigration Law for Oregon on
Q: Can I still apply for US Citizenship? With a felony conviction over 20 years.

I was convicted in a Military Court (General Court Martial); of Obstruction of Justice and Conduct Unbecoming of a NCO on a charge of marijuana drug trafficking across the US/Mexico border back in July 1996 while serving in the Us Marine Corps. I served one year in a military brig. I have not... Read more »

Kyndra Mulder
Kyndra Mulder answered on Oct 2, 2020

This is an aggravated felony. You are not entitled to citizenship. I do not suggest you apply because it may trigger removal proceedings.

1 Answer | Asked in Immigration Law for Oregon on
Q: I came over illegally in America and was recently married to American woman who passed away n immigration has found out

I came over illegally in America and was recently married to American woman who passed away n immigration has found out that that I’m still illegal does the binding contract of marriage license go Void because they were and are still illegal?

Kyndra Mulder
Kyndra Mulder answered on Aug 27, 2020

When a spouse dies the marriage is considered terminated by death. The illegal spouse is still illegal.

1 Answer | Asked in Immigration Law for Oregon on
Q: I'm trying to find out if them being the next of kin since the spouse died is void because they were illegal
Kyndra Mulder
Kyndra Mulder answered on Aug 27, 2020

Sorry but I do not understand your question. Try rewording it.

1 Answer | Asked in Immigration Law for Oregon on
Q: My passport from Venezuela expired & I have I-751 case pending. I cannot renew my passport. Can I get a travel doc?

Since Venezuela does not currently have working consulates in the US where I could renew my passport, can I apply for a I-131 travel document that would replace my passport if I intend to travel overseas, Europe for example? I will also be eligible to apply for naturalization in September. Would... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 10, 2020

An expired passport will not effect your NATZ application.

Yes, you may apply fo a travel document.

1 Answer | Asked in Divorce and Immigration Law for Oregon on
Q: Married to a US citizen for 21 years. I have a GC. Can I divorce and stay as a perm. res. w/o becoming a citizen?

I am married to an abusive man and have been for 21 years. He got me my green card. I have 2 adult children who are citizens. I work and have never broken the law. I want to stay in the US but divorce this man. I do not want to become a citizen. Is it possible for me to divorce him and maintain... Read more »

Adan Vega
Adan Vega answered on Mar 16, 2020

Your permanent resident status that has been issued to you will not end if you are granted a divorce from your U.S. citizen. You have been married for 21 years and you can provide proof of your bona fide marital relationship if your marriage is ever questioned by USCIS.

You also are not...
Read more »

1 Answer | Asked in Immigration Law for Oregon on
Q: For filling I 130 for my current husband i need to provide information for my pervious marriage that it was bona fide.

Hey,

I got my green-card based on marriage and i got divorce 4 months ago because of different factors. We were married for 2 years and 8 months and my first greencard issued for 10 years.

Now after my divorce i Got married to my best friend and apply for his greencard . He is... Read more »

Amanda B Cook
Amanda B Cook answered on Mar 10, 2020

If you have a ten year green card, and your husband has separate status, I'm confused as to why you are filling out any sort of marriage based application for either of you. Does he (new husband) not have a green card? If he has a PhD can he not self-petition? If he can go that route, that is... Read more »

2 Answers | Asked in Immigration Law for Oregon on
Q: can I travel with the passport from my country of origin as a green card holder through asylum to other countries?

I wouldn’t go to the country where I’m claiming persecution from. Just other countries but without applying for a refugee travel document

Svetlana Kats
Svetlana Kats answered on Jan 14, 2020

Yes you can travel with passport and green card ( you don't need refugee travel document if you have a passport from your country).

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1 Answer | Asked in Immigration Law for Oregon on
Q: what legal steps should I do before traveling? If there’s any to make it easier while coming back?

I am a daughter of an asylee status holder. My grandma had a heart attack and I need to travel asap with her to my home country. As she was coming here for a visit and can’t go back alone. She needs someone to help her. I have a refugee travel document and my home country passport. Do I need to... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 23, 2019

If you have the refugee travel document and passport from your home country, that is all you should need; however, traveling back to a country from which you are requesting asylum can be risky, because it raises questions about how much danger you are really in.

2 Answers | Asked in Immigration Law for Oregon on
Q: My Colombian wife is visiting on a B1/B2 tourist visa. Will she have to leave to apply and do the fiancee visa process?
Marshall J Goff
Marshall J Goff answered on Jul 21, 2019

In short, her B1/B2 visa was given to her for tourist purposes. In order to get that visa, she had to show that she had non-immigrant intent, which means she did not intend to stay in the United States permanently.

This is important, because if she tried to adjust status while still in the...
Read more »

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1 Answer | Asked in Immigration Law for Oregon on
Q: About submitting I-864 Affidavit of Support My current annual salary is $22,400 which is just a little more poverty

About submitting I-864 Affidavit of Support, I am applying for my husband. My total income in tax return 2018 was $22000 which $9000 of that was from self employed working type. I begin a new job exactly six months ago from 11-04-2018 until today 17-5-2019, I have a letter of employment and pay... Read more »

Deron Edward Smallcomb
Deron Edward Smallcomb answered on May 31, 2019

Using the household member, who is the intending immigrant is complicated and not uniformly processed. You should contact an experienced immigration attorney for assistance.

1 Answer | Asked in Immigration Law for Oregon on
Q: My boyfriend was deported and then tryed to return again and was caught a few weeks ago if I marry him could he return?

He was deported back to Honduras with no limitation on his first deportation and now hes facing a second his court date is not tell next week i will not know the outcome of that but I am trying to figure out if I marry him will he be able to return.

Hector E. Quiroga
Hector E. Quiroga answered on Apr 25, 2019

Yes, depending on the circumstances. You should consult with an immigration attorney. Your boyfriend’s specific circumstances will have some bearing on what can actually happen.

1 Answer | Asked in Criminal Law and Immigration Law for Oregon on
Q: Should we stop K1 (fiance visa) and start F1/J1 (student) visa when petitioner is under criminal investigation?

Hello,

My fiance has filed a petition for me to come to the US to marry. We are now a month away from the fiance visa interview in my home country (Vietnam). He is now under criminal investigation. Likely he may be arrested in July 2019. We are now considering to cancel the K1 - fiance visa... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 9, 2019

We cannot recommend that you come to the US on either of those visas unless you have a legitimate claim to either one.

There is nothing that would necessarily keep you from coming on a K-1 visa, unless the crime for which might be convicted involved sexual abuse. If not, he can still file...
Read more »

1 Answer | Asked in Immigration Law for Oregon on
Q: I have daca and a state ID that says limited term and a workers authorization card can i travel to Hawaii without issue?

I want to go for vacation and currently reside in oregon

Kelli Y. Allen
Kelli Y. Allen answered on Mar 12, 2019

You should be okay to travel to Hawaii, but not outside the U.S. However, it would be a good idea to meet with an immigration attorney who can look at the specifics of your case prior to traveling.

1 Answer | Asked in Immigration Law for Oregon on
Q: I am applying for a US passport. I am a citizen, but my parents are not. The passport application asks about their

citzenship status. If I answer that they are not US citizens, can that information be used against them?

Kelli Y. Allen
Kelli Y. Allen answered on Mar 12, 2019

There is no reason to believe that putting their information on your passport application would put them in jeopardy.

1 Answer | Asked in Immigration Law, Real Estate Law and Tax Law for Oregon on
Q: how much money can I legally without declaring bring back to the usa from Europe
Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 7, 2019

You may bring up to $10,000 in currency, coin and specific monetary instruments without reporting it to customs.

1 Answer | Asked in Immigration Law for Oregon on
Q: (F1 to Green card by marriage), when can I consider as an Oregon resident?

I'm an international student (F1) and have been in Oregon since 2018. My wife is a US citizen but she lives in New York. I have applied for the green card (F1 to Green Card by marriage). My wife just moved from New York to Oregon. So my question, After getting my green card, will the tuition I... Read more »

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 7, 2019

Your school will likely have guidelines as to when you are considered a resident of Oregon. You should speak with the University administration regarding this matter.

1 Answer | Asked in Civil Litigation, Immigration Law and Medical Malpractice for Oregon on
Q: officer performed a sternum rub on me at a hospital while I was sleeping ,can I do something about it?(a lot more to it)

he kept going even after I got up from my bed as he kept saying " come on man up" mind I was in ICU, also there was a nurse/dr watching while he did this, this officer left this out of the police report but put everything else in it. theres more that I can discuss if there is something,... Read more »

Kelli Y. Allen
Kelli Y. Allen answered on Jan 22, 2019

I'm sorry to hear of your experience, but this is not an immigration issue. I suggest speaking with a civil attorney and also contacting the police department to request that the report be modified to include all relevant information.

1 Answer | Asked in Immigration Law for Oregon on
Q: I'm a F1 student and attending a school. I get married last month and my wife is a US citizen.

I'm a F1 student and attending a school. I get married last month and my wife is a US citizen, but she lives in Middle East.

My wife is both a Saudi citizen and a US citizen (daul passports). Currently, she lives in the Saudi Arabia. I'm a Saudi too. I live in the US as a F1... Read more »

Kelli Y. Allen
Kelli Y. Allen answered on Jan 14, 2019

Yes, your wife can begin the petitioning process from abroad. There are some other timing issues, however.

While you are here on the F1, you could file a one-step adjustment of status (AOS) petition. You would stay here while the application is being processed and your wife would need to...
Read more »

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