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Oregon Immigration Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Oregon on
Q: Does one have a chance to come back to U.S. after being deported for aggravated felonies if mother is a U.S. Citizen?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 11, 2022

In my opinion after a removal for several aggravated felonies convictions the chances of being permitted for admission to the United States are nil, notwithstanding the legal status of immediate family members in the U.S.

1 Answer | Asked in Immigration Law for Oregon on
Q: My wife sponsored me for AOS I-485 in the US but she's now on unemployment, can my income be used for I-864?

I entered the US this time on a B1/B2 visa and I wasn't working at the time I got married to my wife and we filed for Adjustment of Status and EAD in June 2019. She made enough money to complete form I-864 on her own. on August 2019 my EAD got approved and I have been working using that EAD... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 23, 2021

Yes. As long as you are authorized to accept employment your income may be used as household income.

1 Answer | Asked in Employment Law and Immigration Law for Oregon on
Q: Can I legally take on a remote contract job for Canadian company as a green card holder in the US (permanent resident)?

My 10 year green card expires is 2025 (Swedish citizenship). I just got a remote job opportunity as a full time contractor for a Canadian company. Can I legally be paid by them and not run into issues? I will be living in the US still.

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Jul 9, 2021

As a green card holder you can take whatever job you wish. Make sure you get advice on tax implications in the two countries.

2 Answers | Asked in Immigration Law for Oregon on
Q: Can you overstay a J-1 visa with the intent to marry?

I don't have the 2 year residency required on mine.

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 19, 2021

There are two types of J1 visa’s. One with a two-year home residency requirement which requires you to return home after the expiration of your stay, and the other one is without the two-year home residency requirement. So more facts would be needed to know.

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2 Answers | Asked in Immigration Law for Oregon on
Q: Can visitors on B1/B2 stay in USA for a maximum of 1 year. If so, are there any relaxations due to COVID.
Kevin L Dixler
Kevin L Dixler
answered on Jan 11, 2021

This can be viewed as visa abuse, where you can return. An abused B2 visa may result in review on renewal. Remaining in excess of six months may result in delay at a future primary inspection at an airport, even exclusion from the U.S.

A future admission may be denied based upon the...
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1 Answer | Asked in Immigration Law for Oregon on
Q: My mother came to US in Jan 2020, we applied i-539 extension in June with pending status. Can we file another extension.

She is on visitor's visa.

Agnes Jury
Agnes Jury
answered on Jan 11, 2021

You can file for another extension before the date of the extension you first requested. BUT you should make sure that the reasons for the extension is extremely good BECAUSE should the extension be denied (first or second one), your mom's visitor visa will be automatically revoked and it will... View More

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
PREMIUM
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
PREMIUM
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... View More

Kyndra L Mulder
Kyndra L 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 L Mulder
Kyndra L 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 L Mulder
Kyndra L 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... View More

Kyndra L Mulder
Kyndra L 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 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... View 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... View 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... View More

Hector E. Quiroga
PREMIUM
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...
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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... View More

Deron Edward Smallcomb
PREMIUM
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
PREMIUM
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... View More

Hector E. Quiroga
PREMIUM
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...
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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
PREMIUM
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.

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