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Texas Immigration Law Questions & Answers
1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: My kids dad was a resident but he got into trouble in 1997-1998 he left to Mexico and wasn not able to renew his residen

Is there any possibility he can return to the United states?

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

He would need to have the means to re-immigrate to the United States and apply for an immigrant visa to return. However, depending on what type of “trouble” he had, he might not be eligible for the visa. You should discuss his case with an immigration attorney to determine if he has a... Read more »

3 Answers | Asked in Business Formation, Business Law, Immigration Law and Tax Law for Texas on
Q: I am Ukrainian citizen living in the USA as a student and I want to open an online business how should I pay taxes.

I am Ukrainian citizen living in the USA as a student waiting for my F-1 visa and TPS and I want to open an online business.

I want to open drop shipping business I have an Ukrainian card and I have a card in PNC bank that I just opened, but because I am minor it was opened on my host mom... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 20, 2022

In my experience, business owners generally hire an accountant to help them navigate the taxes.

I really like Peters CPA, LLC https://www.lpeterscpa.net/ or (972)863-9640.

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1 Answer | Asked in Immigration Law for Texas on
Q: How to get citizenship for a person that is 63 and has been in the US since he was 6 months old
Agnes Jury
Agnes Jury
answered on Sep 6, 2022

It depends on many facts that you do not provide. Best to do a paid consultation with an experienced immigration attorney. Best wishes!

2 Answers | Asked in Immigration Law for Texas on
Q: My girlfriends greencard expired years ago but she still lives in Texas with me. Is it legal for me to marry her?
Monica E Rottermann
Monica E Rottermann
answered on Aug 24, 2022

Assuming she had a 10-year permanent green card (and not a 2-year conditional green card) she remains a lawful permanent resident even if her green card is expired. Assuming she has no underlying issues, she can file to renew her expired green card by filing Form I-90 with USCIS. Even with an... Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: Can I remarry if I obtained greencard thru ex wife

I have a greencard for 10 years i got the greencard thru my first marriage and I'm divorced now and I'm still a permeanant resident can I remarry a foreign spouse is there something called 5 year rule that restricts marriage or its just I need to wait 5 years before sponsering my new... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 13, 2022

There is no such thing as a "five year rule" to marry another person as you wish. However, you need to naturalize to become a USC in order to petition for your foreign national spouse, provided you marry that person.

1 Answer | Asked in Immigration Law for Texas on
Q: Can a paralegal handle my immigration case legally?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

No.

A paralegal could only perform any legal work on any legal case under the supervision of a licensed legal counsel authorized to practice law, otherwise such activity may fall under the unauthorized practice of law.

1 Answer | Asked in Immigration Law for Texas on
Q: Can I apply for residency while my immigration case is still being processed?

I filed for asylum this year, and my court hearing is 2024. I am Cuban.

Someone told me I could apply for residency after living in the country for a year. Is that true, even though I haven't been seen by a court regarding my current case?

Thank you for your help

Monica E Rottermann
Monica E Rottermann
answered on Aug 2, 2022

If you were admitted or paroled into the United States at the time of your entry then you might qualify to apply for adjustment of status under the Cuban Adjustment Act, which allows Cuban nationals who have been admitted or paroled after Jan. 1, 1959 and physically present in the United States for... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Can I get my documents back and travel abroad while my immigration case is still being processed?

My boyfriend is from Cuba and filed for Asylum this year. They have all his documents, including his passport, and his court hearing has been pushed to 2024. I currently live abroad and he wants to visit me.

Can he request his documents back and travel abroad while his case is still being... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jul 30, 2022

You boyfriend needs to have a in person meeting with a immigration lawyer. Some passports do not allow reentry. A in person meeting to view passport and get all the info will answer your question

2 Answers | Asked in Criminal Law and Immigration Law for Texas on
Q: I am 17, a citizen of the United States, I have a pending charge for possesion of paraphernalia, can i re enter the u.s?

i received a misdemeanor charge for possession of drug paraphernalia. my family is planning a trip to Mexico, will i be able to enter Mexico and re-enter the u.s? I am 17 years old, and also a citizen of the u.s

John Cucci Jr.
John Cucci Jr.
answered on Jul 31, 2022

The only way you will have an issue upon re-entry is if you have a warrant. If you are out on bond or there has been no bond established, you are ok. If you fail to appear for court and have an active warrant when you re-enter, you will have a problem.

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2 Answers | Asked in Immigration Law for Texas on
Q: Can I renew Green Card if I left to Mexico for a year but came back a few years ago?

I left for a year and came back and have been living here since. I paid my taxes even on the year I was gone, kept an address, open bank account. I have been back two years and it’s time to renew. Can I just renew normally or I lost my access to renewal?

Kevin L Dixler
Kevin L Dixler
answered on Jul 20, 2022

If you were inspected and admitted as a lawful permanent resident, then you can file for a renewal of your card.

However, you may have trouble with seeking citizenship by naturalization, so you ought to discuss that matter with a competent and experienced immigration attorney before...
Read more »

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1 Answer | Asked in Employment Law, Immigration Law and Adoption for Texas on
Q: Temporary Protected Status.

I am from India. Last year I got married to my girlfriend who is a US Citizen and I got adopted by a US Citizen. In 2020, During COVID'19, I could not function my MBA program as my SEVIS got Terminated. Recently I and my wife were planning to buy a home. Since I don't have a work... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jul 13, 2022

There is no TPS for India. If you qualify for adjustment of status, you will be able to apply for a work permit when you submit your application.

1 Answer | Asked in Immigration Law for Texas on
Q: can i apply for citizenship if i owe irs from prior yrs with old ss number? and had a misdemeaneor in 2000? im gc holder

we received a letter from irs stating we owe 2012 2014 taxes with my old ss number and my husbands old Itin Number. we both are now Green card holder for 5 yrs now with new ss numbers. I had a misdemeanor for theft under $75 in 2000, i did my community service and case closed.Do I need to report... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jul 11, 2022

Provided that all the other issues and considerations for filing for citizenship are without problems, then you may be able to overcome your problem of owing IRS back taxes by negotiating a settlement with them. If you are able to do so and you have been paying taxes for the last 3 to 5 years, then... Read more »

1 Answer | Asked in Immigration Law, Divorce and Family Law for Texas on
Q: 10yr GC holder. Applied 4 passport on 3yr marriage eligibility. Interview passed and oat ceremony soon. Saperated now!

Separation is not legal and against my will. What would be the consequences on the day of oat ceremony? Also, I have a 6 months old daughter for whom I am providing adequate support. I do not want to proceed with filing divorce yet. But the more I wait, I will lose my chances of primary custody.... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 24, 2022

In your situation, since you are soon to get sworn in as a US citizen, the fact that your wife has separated from you would not be of any consequence at this time. As long as you are still legally married, which it sounds like you are, you should be good to go for your naturalization. USCIS has... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: DACA, plan on visiting Brownsville, TX. Should I be concerned about the border patrol stop on my way back to houston

I have DACA.

I live in Houston, TX and plan on visiting Brownsville, TX.

My understanding is there's a Border Patrol stop leaving Brownsville? Should I be concerned even though I'm only going to Brownsville, TX?

Adan Vega
Adan Vega
answered on Jun 24, 2022

You are allowed to travel within the U.S. if you have been approved for DACA.

At the checkpoint at Sarita, Texas, you will need to present the DACA EAD and the un-expired DACA approval.

Do NOT cross the international bridge between Brownsville and Matamoros unless you have an...
Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: How not to get out of status?

The immigration officer only gave me a one-month stay, which affects my travel schedule, my plan to meet my US colleagues face to face (since I am a remote worker, a software engineer), and losing money since I already paid for my stay and airline tickets to new York, I am in Austin at this moment,... Read more »

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
answered on Jun 13, 2022

Consider scheduling a consultation with a competent and experienced immigration attorney. You might want to try to contact a supervisor at a U.S. Customs & Border Protection deferred inspection site to see whether they might view the limited duration of status given by the officer as an error... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: How do i get my brother a green card i have a US passport and US green card.
Kevin L Dixler
Kevin L Dixler
answered on May 27, 2022

That may take years, even decades for a fourth preference family based visa depending upon where he is from, but the best time to file the petition is as soon as possible!

There may be other issues that potentially disqualify him, so it’s always best to consult with a competent and...
Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: Can I marry my Mexican girlfriend if she comes on a tourist visa ? This is not our first time meeting,dating for 3years

If she did we would have to change her adjustment of status , right ? Or can I only marry her via k1 visa ? We are scared they might see it as fraud and take away her visa. Would we have to get married within 90 days ? Another lawyer told me we CAN’T get married within 90 days on a tourist visa... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 23, 2022

An immigrant who enters the country legally, and marries a US citizen can adjust status to get a green card. If the marriage occurs within 90 days of legal entry, there is a presumption of fraud. If she marries you after 90 days, then it would be permissible to file an adjustment case, provided... Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: Can a Mexican citizen drive in the USA ? My Mexican girlfriend is worried about her Visa being taken away.

My understanding is she can drive her car here for no more than a year. She's worried that on her way back to Mexico they will question why she was here and what she was doing and that they might take away her Visa. Should she be worried? She would come on a travel visa and they usually give... Read more »

Agnes Jury
Agnes Jury
answered on Apr 19, 2022

According to Texas Department of Public Safety: "Driving privilege reciprocity allows a person to use a valid, unexpired foreign license to operate a motor vehicle in Texas for up to one year or until a person becomes a Texas resident, whichever date is sooner. Once a person becomes a new... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Me, US Citizen, will marry a Mexican Citizen. How do I apply for her resident status in the US?
Adan Vega
Adan Vega
answered on Apr 18, 2022

You will need to file an immediate family petition (FORM I-130 + FORM I-130A) on behalf of your spouse.

If your spouse entered the U.S. lawfully and is not inadmissible then the FORM I-485 can be presented to USCIS to request the adjustment of status.

An experienced immigration...
Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: For form i864 AOS as a 1040 filer do I use my adjusted gross income or my taxable income?

So I’m filling up my i864 to sponsor my wife and I want to confirm which income do I use as I income. Is it adjusted gross income or taxable income. My cpa is saying it’s adjusted gross income.

Agnes Jury
Agnes Jury
answered on Apr 8, 2022

Adjusted Gross Income. Best wishes!

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