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Pennsylvania Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I am a green card holder/UK citizen. On non reporting ARD, can I fly out of counrty to England to visit my family?

I'm scared I won't be allowed back in the states when I return. I want to fly out to see my grand parents before They pass. And I still have a year until my probation is over.

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 18, 2017

Whether you are allowed to leave the country depends on the terms of your probation. You can speak with the probation officer assigned to your case.

Whether the conviction is for a deportable offense or an offense that makes you inadmissible after you leave the country is impossible to...
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2 Answers | Asked in Family Law, Divorce, Immigration Law and Child Custody for Pennsylvania on
Q: Got married in September with Fiancé from country of Colombia. Now she wants to leave with my daughter, what do I do?

My wife came to the USA on a K1 fiance visa in August. We were married and our daughter was born in September in Pennsylvania. Now (6 months later) she says she is tired of being here and wants to go back to Colombia and take my daughter. Her adjustment of status application is currently in... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Mar 27, 2017

I suggest yu see a family law attorney who will probably suggest you obtain a court order prohibiting the wife from taking your child out of the country and that she not have access to your child;s passport.

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My husband is self employed and in 2016. In 2016 was his first income tax. Does he qualifie to be my sponsor? W

I need some advice. i got married with a US citizen and now we are applying for adjust of status. We both are 21 and my husband just has started working. He is self employed and in 2016 she makes 23k, more than the poverty line. In 2016 was his first income tax. Does he qualifie to be my sponsor?

Kyndra L Mulder
Kyndra L Mulder
answered on Mar 1, 2017

You will need a co sponsor. The sponsor must show that he has qualified for three consecutive years or he has assets to make up the difference. If you are filing on your own make sure to read the instructions thoroughly.

1 Answer | Asked in Immigration Law and Juvenile Law for Pennsylvania on
Q: Can I file DACA and DAPA if we have been living in the United States some April 2011
Kyndra L Mulder
Kyndra L Mulder
answered on Mar 1, 2017

Much more information is need to know whether you qualify for DACA. There is no DAPA.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can I still apply without visa number?

I am currently a DACA recipient and I'm applying for adjustment of status through USC wife. I have my 1-94 number but can't find my expired passport visa number etc. Should I leave that blank on form 1-485 or should I put N/A. Or can I not apply now? I am from TOGO west Africa. N came... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Feb 28, 2017

I suggest you file a FOIA with USCIS and Border Patrol This will give you a complete copy of your immigration record including a copy of the visa and the visa number.

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Can I apply for naturalization using married name as legal name even though my GC and other IDs have my maiden name?

I am a permanent resident and got married last year. I applied for i90 for replacement of name in my GC last July with the married last name but processing is very slow it's been 7 months now and they are just processing the April 2016 applicants. I am now eligible to apply for citizenship and... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Feb 24, 2017

I suggest you apply for NATZ using your main name and request your name be changed at the Naturalization ceremony.

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Hello, my wife and I overstayed our visa, hv 2 citizens kids. Any chance of getting employment sponsorship?thx

We came 2006, overstayed and got 2 kids both are US citizens. Is there a chance I can get employment sponsorship? Because my boss wants to sponsor me if he can do it. I work as a sushi chef.

Thank you in advance

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 22, 2017

I'm sorry, but that is not likely to be a viable option. Consider sitting down with an immigration attorney in your area to discuss in further detail. But generally speaking, if you overstay your visa and didn't have a prior application filed prior to 2001, it isn't an option.... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I have been in the US since 12 yrs old, now under DACA. Last year I married a citizen. Can he file a Form I-130?

I have DACA status, is it okay to start the green card process (filing Form I-130 and Form I-485) from inside the US? Will my DACA status interfere with the green card for relatives (spouse)?

Tammy L. Wincott
Tammy L. Wincott
answered on Feb 21, 2017

Congratulations on your marriage. This forum is for general information purposes and is not to be considered a direct answer to your question.

It is your spouse who actually files the I-130 petition for alien relative. A 485 is used for adjustment of status, i.e. you entered on...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I got my greencard yesterday after being a permanent resident since 2001.I have a drug paraphernalia charge can I travel
Kyndra L Mulder
Kyndra L Mulder
answered on Jan 28, 2017

I suggest you have an experienced immigration attorney review your criminal conviction before you leave the country. Yes, it is possible that you will not be re admitted into the USA or you will be admitted and placed in removal proceedings where you will be required to request a waiver from the... View More

1 Answer | Asked in Employment Law and Immigration Law for Pennsylvania on
Q: My adjustment of status is pending, do I still need to pay for I-765?
Matthew J Hartnett
Matthew J Hartnett
answered on Jan 22, 2017

Nope! I-765 is free with pending adjustment.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I dutch citizen , came here in 1996 married a USA citizen in 2004 got my green card in 2012 , was unable to do that

sooner because of my health , now she wants to divorce .Do I lose my green card ?

Matthew J Hartnett
Matthew J Hartnett
answered on Jan 18, 2017

If you got your green card in 2012, you already filed for removal of conditions correct? Has your I-751 been approved? If so, getting divorced shouldn't affect your green card. But do yourself a favor and consult with an immigration attorney to be sure. These issues are very fact specific.

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: I met a Filipina online and want to get her to PA what do I need to do to make it happen

She has 1 child and not a lot of money

Kyndra L Mulder
Kyndra L Mulder
answered on Jan 16, 2017

You can bring her here as your fiancé or marry her in her country and bring her here as your spouse. Either option is complicated and has different costs and requirements. My suggestion is that you consult with an experienced immigration attorney to assist you.

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can someone explains when exactly I should apply for naturalization?

Hi there,

I'm granted asylum on march 29 2012, and I got Green card issued on November 9 ,2012. According to my research I'm eligible to apply for naturalization 5 years from March 29 2012 which I did, unfortunately I got rejected with a reason that I applied too early. which... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 27, 2016

With something that important at least get a consultation from an attorney who is a member of AILA and focuses their practice in immigration You will have to pay for the consult but at least they can look at your papers, see what your assylum was, dates etc.

2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Is it possible for an F1 status to apply for a travel document I 131 in an emergency situation?

Hello. I am in nyc holding F1 status since Mars 2016 . On oct 15 2016 I was walking in the cross walk with a green light and a driver made a right turn did not stop, he hit me by his car. I did 2 surgeries open tib fib fracture in my left leg.I have been in the hospital for 38 days. I need 20 weeks... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2016

Instead of posting this question numerous times on various websites, you need to retain an immigration attorney.

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My husband and me have fiiled AOS and i-130. My esta runs out, havnt heard anything yet. What to do?

I have read online that if you leave the countrie while AOS is pending, it will be automaticually decline. But overstaying your visa is also a bad thing. Now i havnt heard anything, but they did cash the checks. What to do.

My husband is born and raised in the us.

My esta runs out... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Dec 20, 2016

More information is needed to give you a thorough answer to your question. In general a person who is adjusting through a USC immediate relative such as a spouse is forgiven for any overstay. I suggest you consult with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: If someone is in the US on a visitor's visa and is getting married to a US citizen , do they still have to leave?
Peter N. Munsing
Peter N. Munsing
answered on Nov 11, 2016

Depends on circumstances. Did they overstay? Can they convert to another class?Best bet is contact a member of AILA. Yes you have to pay for a consult but far better than going to a non-AILA member.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Question regarding form N-648

Family doctor completed form N-648 for my mom. However, couple days later we needed to add/update the form showing the new diagnose (Alzheimer dementia) based on the recent reports from the neurologist. Another doctor from the same firm updated the form.

My concern is if it will be a... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 11, 2016

As long as each doc signed their part and dated their part,no. If not,get them to date.

Contact a member of AILA

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: If someone is in the US on a visitor's visa, and is getting. married to a US citizen, would they have to leave ?
Matthew J Hartnett
Matthew J Hartnett
answered on Nov 11, 2016

Not necessarily. But you should consider a consultation with an immigration attorney to make sure an adjustment of status is the right option. There are other factors to consider such as travel plans, date of entry, timing of marriage etc.

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: It is advisable to file an appeal on the I-130 and I-485 or make a fresh application?
Daniel Martin Hartzman,
PREMIUM
Daniel Martin Hartzman,
answered on Oct 26, 2016

It really depends on what the reason for the denial was and if the reason can be cured in a new application. You should have an attorney review your denial notice to advise you on the best course of action.

2 Answers | Asked in Family Law and Immigration Law for Pennsylvania on
Q: is it easier to apply for a K1 or get married abroad then apply for a K3?

Fiance lives in the Cayman Islands. I'm a US citizen.

Daniel Martin Hartzman,
PREMIUM
Daniel Martin Hartzman,
answered on Oct 19, 2016

Neither is easier than the other. Both take about the same amount of time for completion. The difference is that if your fiance comes on a K-1 visa your fiance must still apply for a green card after you get married.

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