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Texas Immigration Law Questions & Answers

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Texas on

Q: Should I report someone directly to immigration for the citizenship fraud or hire an attorney to that for me?

If you lied or concealed relevant facts in order to obtain U.S. citizenship, your citizenship could be revoked. This is called illegally procuring citizenship.

I know of an individual who has obtained the US citizenship just the way described above. I would like this person to get... Read more »

Paul E. Tennison answered on Jul 12, 2019

You may consult with an attorney to discuss. Citizens have the right to report suspected criminal behavior to law enforcement and allow law enforcement to investigate. I am unaware of any law that would require you to report that individual at this time, so such a decision of whether and how to... Read more »

1 Answer | Asked in Immigration Law for Texas on

Q: Do I need to report change of address (to USCIS) for extended visit during the Naturalization Process?

I am a resident of Texas and I am in the naturalization process in the State the Texas. My wife lives & works in Georgia. She is going through some medical issues and I have to stay with her for 4-5 months starting from August, 2019. My employer in Texas has agreed to give me an unpaid leave until... Read more »

Hector E. Quiroga answered on Jul 3, 2019

If your interview is scheduled during that time, you will need to return to TX for it, but there is nothing else that suggests any problems.

1 Answer | Asked in Immigration Law for Texas on

Q: Girlfriend is in Mexíco and has a 3yr old son Father of kid will sign off on Patria Potestad. She & son have passport

What does she need to be able to obtain her K-1 Visa?

Ms Grace I Gardiner answered on Jun 17, 2019

You have to show that you have visited her at least once in the last two years, that you both have the intent to get married, that you don’t have a criminal record and that you are financially able to support both of them. You need to consult with an experienced immigration attorney

1 Answer | Asked in Immigration Law and International Law for Texas on

Q: My husband is a refugee climate in Canada, he wants to come to the US with his kids and I (We are US citizens) can he?

Will they let him in because we are married? And he can adjust his status once he's here? I already have the 1-130 in process

Hector E. Quiroga answered on Jun 12, 2019

It is possible that he will not be allowed in because of his intent. He’d be coming as a tourist, which is a temporary visa, though his intent would be to immigrate.

On the other hand, he might be allowed in, depending on the questions asked an your husband’s responses.

1 Answer | Asked in Immigration Law for Texas on

Q: Can one petition for a K1 if their US divorce isn't recognized in the country they were married?

The Philippines doesn't recognize divorce. If a US citizen marries in the Philippines, then divorces in the US, can they petition for a K1 visa for a Filipino EU resident and then marry in the US? It seems to me that as long as that US citizen doesn't return to the Philippines, all's well, but any... Read more »

Deron Edward Smallcomb answered on Jun 4, 2019

The divorce in the US would be considered valid and therefore you are free to remarry. That said, you should contact an experienced immigration attorney to discuss all the details before proceeding.

1 Answer | Asked in Immigration Law for Texas on

Q: US citizen wishing to bring friend to US. What are my options?

She’s an older lady from Columbia. She had helped me take care of my mother in Panama when she was ill. I wish that she may come here to either help me or find employment. What resources may I use to seek out what I will need to prepare to fulfill this task.

Kevin L Dixler answered on Jun 3, 2019

I appreciate your concern. More information is needed about her background and education. In general, seeking the assistance of an elderly woman who 'may be viewed by a consular official as likely to become a public charge can prove challenging. The consular official can deny an approved visa... Read more »

2 Answers | Asked in Immigration Law for Texas on

Q: U-visa application

Recently I just knew about U-visa. I got robbed 3 years ago (in April 2016) and I was injured and in hospital for 5 days. I wonder if I can still apply for U-visa now. Thanks.

Kyndra Mulder answered on Jun 1, 2019

To qualify for a U visa you must be assessing law enforcement or the state attorney in apprehending or prosecuting the person who assaulted you.

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2 Answers | Asked in Immigration Law for Texas on

Q: Looking for options to stay/work in US as L1A visa getting expired with EB1-I140 approved.

I am an Indian citizen, born in India, currently in US on L1A visa. This is my last year of visa extension and it expires in September 2019. My EB1-I140 is approved with priority date in April 2017. The Final action date for India EB1 has retrogressed to 01-January-2015 but "DATES FOR FILING OF... Read more »

Dayna Lally answered on May 29, 2019

No, you must use the Final Action Dates chart in the Department of State Visa Bulletin for June 2019. You may only use the Dates for Filing chart if the USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas. The USCIS would... Read more »

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2 Answers | Asked in Immigration Law for Texas on

Q: I am GC holder who applied for my 3 year old son for a green card in July 2018. It is now May 23rd 2019.

My Son is out of the country. Is it normal to take so long? I filed in Texas.

Deron Edward Smallcomb answered on May 24, 2019

It usually takes around two years.

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1 Answer | Asked in Immigration Law for Texas on

Q: U.S. citizen sister had her kid i-485 rejected for sponsor. Would my GC be revoked if I offer to sponsor them?

She is a U.S. citizen and her husband is foreign. They will not accept his income and she does not have an income. Their children's I-485 all got rejected because of that. They want to use me to sponsor them but she will filed under her name. She has 30 days to appeal the decision and I'm wondering... Read more »

Sheri A Benchetrit answered on May 22, 2019

Your green card will not be revoked if you act as a joint sponsor. A joint sponsor by definition can be either a USC or a green card holder. I do think that she should see an experienced immigration attorney because she may have options other than an appeal. Before she takes action, she should... Read more »

2 Answers | Asked in Immigration Law for Texas on

Q: Should I add my wife to my I-485 petition in my employment-based GC process?

My wife is an asylum seeker and is currently waiting on her second hearing that is scheduled for 2021. My employer is based in Texas and her case is in California. Would her status affect my GC process? Would it be better to finish my process first and then process her GC through mine?

Sheri A Benchetrit answered on May 20, 2019

If your wife is able to adjust her status through your green card process, that would certainly be preferable to obtaining asylum which is never a guarantee. It is not clear from your question whether she has a hearing before an immigration judge or whether she is still appearing at interviews... Read more »

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1 Answer | Asked in Immigration Law for Texas on

Q: I have petitioned my husband. I just found out I'm pregnant, if I apply for Medicaid would that affect his process?

My husband has started his process to get a green card through me petitioning him. He already got his first acceptance letter. I am a US Citizen. Well we just found out that I am pregnant. My question is, would my husbands immigration process be affected in any way if I apply for Medicaid?

Sheri A Benchetrit answered on May 20, 2019

Although not likely to have an effect on your husband's immigration process, there has been a push by the current administration to restrict or even take away green cards when anyone in the household has received a public benefit. This is not the current policy, but policy does change. That said,... Read more »

1 Answer | Asked in Immigration Law for Texas on

Q: If my permanent resident card expired over 5 years ago and I haven’t renewed it can I file for citizenship?

Sheri A Benchetrit answered on May 15, 2019

In order to file for citizenship you generally need to have a valid green card. You will need to file to renew your green card before you file for your citizenship. In addition I suggest that you make an appointment with an experienced immigration attorney to help navigate you through the process.

1 Answer | Asked in Immigration Law for Texas on

Q: I am a born U.S citizen, my parent however is not. Is there anyway I can start a process of making them a U.S citizen?

Parent has been married in U.S one time years ago. Parent has a passport. Parent was deported for 10 years but that was 13 years ago.

Sheri A Benchetrit answered on May 12, 2019

You can file to sponsor your parent for a green card. Citizenship is something your parent would

Have to file for on his/her own once they have had a green card for 5 years. However, without any information about why they were deported, I cannot tell you whether you would be successful....
Read more »

1 Answer | Asked in Immigration Law for Texas on

Q: Hi! How long after marriage can you file for a green card?

Sheri A Benchetrit answered on May 9, 2019

if you are married to a USC, you may file immediately after marriage.

1 Answer | Asked in Immigration Law and Employment Discrimination for Texas on

Q: H1Brevoke

Hi , my first h1b approved on oct 2017 and I started working from April 2018 . Due to some reasons , my project didn’t go well and my employer not able to continue the project . So, he finds a sub contracting opportunity for me and I started there to work in new location . Since vendors involved,... Read more »

Svetlana Kats answered on May 8, 2019

Usually if you file amended H1B petition for your new employer and your new position is substantially similar to your previous position you should be OK. However your case is more complicated since your petition was revoked after your filed an amended petition. I would take a copy of the... Read more »

2 Answers | Asked in Immigration Law for Texas on

Q: I 130

I m legal permanent residence and i have applied immigration for my husband in 4 april 2017 ? Its been 25 months and the date is also current on website but i have not recived any approval letter or medical letter or any other letter... can any one help me and tell me when can i get approval???

Svetlana Kats answered on May 4, 2019

Unfortunately everything takes longer now days. What you can do is to request case status on- line. Sometimes it helps to expedite the case. On line status request link is on the " check your case status" page. Hope this will help.

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1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Texas on

Q: My dad is being detained and charged with reentry and is a federal case now.Is there anything that anybody can do ?

Jose M. Rocha answered on Apr 28, 2019

You should seek advise from an attorney familiar with reentry cases in federal court and immigration law. A reentry case in federal court depends on many factors to resolve, and to adequately advise you on whether anything that anybody can do to help your father. However, it is important to... Read more »

1 Answer | Asked in Immigration Law for Texas on

Q: How much does it cost to change status of a k1visa?

We applied and were approved for a k1 visa in 2012, since then we were approved a year later and been living ours lives in Stafford Texas with 2 children of our own and 3 children from my previous marriage. My wife and I would like to change her status so she will be able to visit her family and... Read more »

Hector E. Quiroga answered on Apr 25, 2019

It is not clear what you are asking. If your wife came on a K-1 but never got her green card, then she should do that ASAP. The government fee to do that is around $1200. She should do this ASAP since in this scenario she’s currently out of status. If she did get her green card, but it was a... Read more »

1 Answer | Asked in Immigration Law for Texas on

Q: Does bad credit or unpaid credit cards bills affect green card renewal?

Kevin L Dixler answered on Apr 16, 2019

In general no, unless you have committed fraud and there is a criminal conviction or warrant for your arrest.

The above is general information, not legal advice, and does not create an attorney client relationship.

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