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Tennessee Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Tennessee on
Q: Can I still apply for an ESTA if I cancel my green card application?

I am a British citizen, resident in Spain for 20 years. My daughter is a U.S. citizen and we are applying for a "green card" for me, through an immigration lawyer. Unfortunately I have just been diagnosed with cancer and have no health cover in the U.S. so I want to cancel the application for... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 16, 2018

We cannot imagine any reality in which that would be the case. Withdrawing an application for permanent residency is not a ground of inadmissibility. You may want to ask your attorney for more details regarding why this would be so.

2 Answers | Asked in Immigration Law for Tennessee on
Q: My fiancé and I married a few days ago. She came here from the U.K. on a visiting visa in October 2016! BUT....

Her visa expired feb 2017. And she has overstayed due to us having a child together what process do we take now so she can legally stay?

*Added*

Would it help if she renewed her visa?

Rehim Babaoglu
Rehim Babaoglu answered on Apr 14, 2018

You may be able to petition for her as your wife. The process is long and complicated, and requires numerous government forms to be filed, along with $1,225 & $535 government filing fees. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I... Read more »

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1 Answer | Asked in Immigration Law for Tennessee on
Q: My husband mailed in his application to renew his green card. We received his application back as a Rejection notice?

It reads ‘ USCIS is unable to associate your remittance with any application/petition you may have previously submitted. If you forgot to send your remittance with application it will be returned’ What does this mean??

Rehim Babaoglu
Rehim Babaoglu answered on Mar 15, 2018

Did you include the check with her "A" number for the filing fee of $540? Did you include 2 color passport-type photos? Perhaps these items got separated at the service center.

1 Answer | Asked in Immigration Law for Tennessee on
Q: Am being married to my wife going to five years now.i got my two year GC and applied for i751 November 2016 .

My case is still pending and am qualified to apply for citizenship which I did November 2017 I did my finger print..our marriage is falling apart due to domestic abuse and substance abuse by my wife..and we had two kids..we will be going through divorce and I don’t know how that’s going to... Read more »

Rehim Babaoglu
Rehim Babaoglu answered on Mar 13, 2018

I would urge you to consult with and hire an immigration lawyer to assist you with this case in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case maximize the possibilities for a successful result.

Your question requires way too many questions on my part...
Read more »

1 Answer | Asked in Immigration Law for Tennessee on
Q: Hi, I was sent paper for 10years green card 22 August 2016 and still don’t have any answers, how long I have to wait? I

When I check my case online it’s said case was received on my local office 4 March, can you tell me what is that mean?

Rehim Babaoglu
Rehim Babaoglu answered on Mar 6, 2018

Because your case has been pending for this length of time, you are going to be scheduled for a personal interview at your local USCIS office. Make a USCIS InfoPass appointment for Nashville and you may find out more information. Viz: https://my.uscis.gov/appointment

1 Answer | Asked in Immigration Law for Tennessee on
Q: can my husband come after me if I file for divorce? He said I owe him money. I’m on a k1 visa. He’s verbally abusive

I came here on a k1 visa. Got married last dec2016. Got my 2 yr permanent residence card in sept2016. I’m a nurse and started working in January2018. We started arguing about money after I started working and earning my own money. He wanted complete control of my money. He wanted me to pay for... Read more »

Rehim Babaoglu
Rehim Babaoglu answered on Feb 28, 2018

You can file for divorce. Then you can file to remove the conditions on your 2 year card and get a 10 year green card as a divorced spouse of US citizen. You will need documentary evidence, photos, receipts, apartment leases, bills, and lots of monthly financial statements from Sept. 2016 to the... Read more »

1 Answer | Asked in Immigration Law for Tennessee on
Q: If someone is here on a student visa but didn't meet the deadline to attend school cause mom passed away

The mother sponsoredto go.to. school what can the person do to.stay in the u.s.

Rehim Babaoglu
Rehim Babaoglu answered on Feb 19, 2018

Really depends upon how much time has passed since school enrollment date. If a couple of days or so, check with your FSA or foreign student advisor, and you may be put back into F-1 status. Otherwise you may be now out of status. Consult with an immigration lawyer regarding your options.

1 Answer | Asked in Immigration Law for Tennessee on
Q: I have DACA under unlawful entry, I am married to a US citizen will I be eligible to apply for a green card?

I came when I was 7 years old, I am now 23 years old, currently enrolled in college and have a clean record. If I am eligible how long would the process take? and would there be a penalty where I would have to return to the country I was born?

Hector E. Quiroga
Hector E. Quiroga answered on Feb 16, 2018

Your spouse can petition you, and once that petition is approved you can apply for an immigrant visa. You will have to returned to your country of origin for an interview. You may have to file a waiver for any unlawful presence you’ve accrued within the United States. The fact that you have DACA... Read more »

1 Answer | Asked in Divorce and Immigration Law for Tennessee on
Q: I trying to get a divorce and cant find my spouse

He was using me to get a green card.

Marjorie A Bristol
Marjorie A Bristol answered on Feb 10, 2018

You should contact an attorney. The attorney can help you try to find him. If the attorney can't find him, he or she may be able to provide notice through publication in a newspaper.

1 Answer | Asked in Immigration Law, Criminal Law and Family Law for Tennessee on
Q: My children have USA passports. If I come back with them to USA without my husband consent will that be child abduction.

Am married. We came to Zimbabwe in December 2015. We used to live in Tennessee so that is where we will be going back to.

Marjorie A Bristol
Marjorie A Bristol answered on Jan 24, 2018

You should consult an expert in international custody disputes.

1 Answer | Asked in Immigration Law for Tennessee on
Q: What's the longest student visa someone can get in the United States? How many times can it get renewed?
Rehim Babaoglu
Rehim Babaoglu answered on Jan 22, 2018

F-1 student visas are designated "D/S" for the duration of status of that educational institution's program. So, if someone is in a four year program, it's good for that period of time. Same with associate's degree - 2 years. F-1 visas can be extended for additional year(s) of schooling , or for... Read more »

2 Answers | Asked in Immigration Law for Tennessee on
Q: If i marry my fiance even though he is illegal after that can he file for papers to become an American citizen
Edit Stelczner
Edit Stelczner answered on Dec 27, 2017

Assuming you are a US citizen and he meets all requirements yes you can sponsor him for immigrant visa. It is best to consult an attorney so you get through this process without any mistakes or delays. Congrats on your engagement!

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1 Answer | Asked in Immigration Law for Tennessee on
Q: Can I file for A spouse petition without a lawyer? my wife is here in the US legally on a work permit?

We can't afford the legal fees. I did some research, and it said on a site that a lawyer is not needed. I have printed off all the necessary paperwork and she has already done her immigration physical. Can we send this in with the money order needed?

Rehim Babaoglu
Rehim Babaoglu answered on Dec 23, 2017

Hard to answer without knowing her history. Sounds okay. But I would recommend that you consult with an immigration lawyer to prepare you two for the format & procedures for your interview/examination appointment with USCIS.

1 Answer | Asked in Immigration Law for Tennessee on
Q: In removal after I-751 denied. Sent to Immigration Court. Do I file new I-751?

My I-751 was denied in 2011 because I did not provide sufficient evidence. I was put in removal, case sent to Immigration court for review. Do I have to file a new I-751 or does the judge just review my old application and new evidence? Please let me know.

Kyndra Mulder
Kyndra Mulder answered on Dec 7, 2017

The judge will review the decision of the service on your current I-751.

1 Answer | Asked in Immigration Law for Tennessee on
Q: Will any of the new immigration bill proposals affect those of us who are green card holders who are seeking an eventual

path to full citizenship?

Rehim Babaoglu
Rehim Babaoglu answered on Dec 6, 2017

No. If you are a lawful U.S. permanent resident visa holder (green card) you are safe.

1 Answer | Asked in Immigration Law for Tennessee on
Q: I'm a permanent resident, so do I have to wait to become a citizen to legally change my name?
Rehim Babaoglu
Rehim Babaoglu answered on Dec 6, 2017

No, your attorney can legally do so by filing a name change petition in your local state court. You must testify that you are not doing so to avoid your just debts or creditors or to avoid law enforcement authorities, or for any other illegal, illicit purpose; you're not doing this to avoid the No... Read more »

1 Answer | Asked in Immigration Law and Traffic Tickets for Tennessee on
Q: I have a friend, who his father got deported back to his country because he had an unpaid traffic ticket, any ways he

was wondering if it is till possible to fix him papers so he can get a green card and come back to the US

Rehim Babaoglu
Rehim Babaoglu answered on Dec 6, 2017

One does not get deported due to a traffic ticket. I suspect that the father was detected by ICE and determined to be illegally present in the USA and then placed in deportation court proceedings. Next, If this was more than 5 years ago, he may be able to return on a US citizen immediate relative's... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Tennessee on
Q: No license no insurance and due care. Given a court citation. My husband is not a legal citizen should he get lawyer?
Anthony M. Avery
Anthony M. Avery answered on Nov 24, 2017

The obvious answer is affirmative. With the "due care" and "no insurance" violations, it sounds like an accident occurred, and if so, quick restitution is in order. Whatever the case, some of the violations might be worked out. There may not be any reason to get ICE involved. Hopefully his... Read more »

1 Answer | Asked in Immigration Law for Tennessee on
Q: I have O1 visa. Changing employer but now married to a US citizen. Will this affect my new O1 visa with new employer?

Current visa valid until 28 Feb 2019. New employer have applied for new O1 visa due to moving from company who originally petitioned for me to them. I need a new O1 with their company, however, in that time I have married my wife who is a US citizen. Will now being married to a US citizen... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 30, 2017

There is only the question of dual intent, but there is no reason why getting married to a USC would impact your visa while you are currently in the US. If you are out and trying to come back in on the O visa, the fact that you are married to a USC could be an issue.

Getting permanent...
Read more »

1 Answer | Asked in Immigration Law for Tennessee on
Q: If I've been working through the process of obtaining a green card and the current administration changes the rules to

make it harder, am I grandfathered in under the old rules or do I have to comply with the updated ones?

Rehim Babaoglu
Rehim Babaoglu answered on Oct 23, 2017

Yes. The date of filing, or priority date controls.

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