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Texas Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Texas on
Q: Applying for citizenship for green card holders?

Hello, my wife and I got our white cards approved on Nov 2nd of 2016 and we got our green cards in December of 2018. When can we start the process of applying for citizenship?

Does legal permanent resident timeline start with green card or white card?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 16, 2021

If you were paroled into the United States as refugees or asylums and received your LPR status in December of 2018 then you may file for naturalization in exactly four years and one day in December of 2022, provided you qualify otherwise.

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1 Answer | Asked in Immigration Law for Texas on
Q: Employment History on form I-485 as an F1 Student. What to put?

I’m an F1 student and we’re currently preparing a family petition green card application and I’ve never gotten a clear answer in what to put in the employment history section for most recent employment. Do I put unemployed since I’m a student? Do I put student? Or do I put unemployed and... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 14, 2021

You need to provide clear, full and accurate answers. For instance, if you were an F-1 student you need to state exactly that with the corresponding dates. Since you need to account for five past years of employment history, go back chronologically and list any employment places if applicable.

1 Answer | Asked in Immigration Law for Texas on
Q: Moving while AOS and I130 Pending. Is the former household sponsor still acceptable?

Hello,

My wife and I live at home with her parents so we want to add her step dad as a household sponsor to meet the income requirements. In this case he would have to fill out Form I864A. But what happens if we filed everything now, put him as a household sponsor and then maybe move in... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 12, 2021

The submission will be as submitted on all merits with the included co-sponsor on file per I-864 and I-864A. However, shall your personal financials or co-sponsorship change you may always update the pending file with current updates accordingly.

3 Answers | Asked in Employment Law and Immigration Law for Texas on
Q: Is working remotely for a foreign country considered unauthorized employment without a valid working visa?

I live within the US and am in the process of adjustment of status

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 11, 2021

100% is it unauthorized employment in the US.

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3 Answers | Asked in Immigration Law for Texas on
Q: Do we have to wait after our marriage to file for a marriage based green card

We got married about 3 weeks ago after me being here for 8 months as a student. Is there a waiting period before filing?

Adan Vega
Adan Vega answered on Sep 9, 2021

As a U.S. citizen or resident you can file the FORM I-130/I-130A with USCIS once you marry a foreign national.

If you are a U.S. citizen and your spouse entered the U.S. lawfully, then the FORM I-485 can be filed concurrently with the FORM I-130, relative petition.

There is no...
Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: I live in DK, when I marry my fiancé in US, his in prison in TX, how can I go and live there now or when he gets out?

I’m a 41 year old woman from Denmark. I’m on early retirement do to fibromyalgia. I have a 6 year old daughter, she doesn’t see her father and I have full custody. I’m engaged to an inmate in TX. I have visited him a few times, and talk regularly with his family, and we plan a life... Read more »

Agnes Jury
Agnes Jury answered on Aug 25, 2021

Your questions would be best answered by doing a consultation with an immigration attorney. There are many that offer free phone consultations (can be done via Whats App or Messenger call). You can find an attorney through websites such as Justia.com, AILA.org or Avvo.com. Best wishes!

1 Answer | Asked in Immigration Law and Legal Malpractice for Texas on
Q: i was detained at checkpoint for carrying an illegal immigrant we are both released? is that an illegal seizure of car.

it was 2 of us coming from el paso to odessa. we were asked for id's right away. im the driver and one in the passenger. He was asleep due to feeling under the weather so drank some nyquil. was woken up and the BP gent asked him few questions passenger didnt answer so they took us to... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 18, 2021

No. It was not illegal to take your vehicle. It may have been taken as a civil forfeiture because it was used in the commission of a crime.

3 Answers | Asked in Immigration Law for Texas on
Q: About a dismissal case for the US citizen and how does that effect me immigration. I am on a conditional 2 year visa

Hi i have a question please

My wife who is a us citizen was abusing me physically. I then i called the cops and they arrested her . After words I moved out and there was a domestic charge on my spouse . How ever later on i knew that her case was dismissed . Also i know my spouse will... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Aug 16, 2021

You may file to waive the joint filing requirement in order to remove the conditions on your LPR status. You will be successful if you meet all requirements. I suggest you consult with an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for Texas on
Q: I have my uscis biometric in 2wks but I can’t find my new passport but I have my old passport that been expired

The old passport has been expired for 5years what should I do? Will I be allowed for biometric?

Kyndra L Mulder
Kyndra L Mulder answered on Jul 29, 2021

You should be allowed in with your old passport. Bring a second photo id and/or your birth certificate (with English translation).

1 Answer | Asked in Immigration Law for Texas on
Q: I was a resident alien for about 30 years and paid into my SS most of that time. I was recently deported.

Can I get any of the money from my SS or is it a lost cause? Disability ? Am I elidgable

Kyndra L Mulder
Kyndra L Mulder answered on Jul 26, 2021

You are not likely eligible for disability however you may be eligible to receive your social security. I suggest you contact an attorney that practices in the area of social security law.

1 Answer | Asked in Immigration Law for Texas on
Q: I recently filed for my adjustment of status through marriage. I have DACA and my husband is the US citizen.

My question is in regards to the income. If we both met the requirement but he needs to stop working for awhile do we need a joint sponsor even if I make enough for our household size? or would my income be sufficient for when we go to the interview

Agnes Jury
Agnes Jury answered on Jul 8, 2021

Your income as intended immigrant can be counted towards the minimum income needed so you should not need a joint sponsor. Did you however have a lawful entry to the US to qualify for Adjustment of Status?

1 Answer | Asked in Immigration Law for Texas on
Q: Is 24 weeks & counting normal for biometrics in Houston Texas for AOS for immediate relatives of US citizen?.
Adan Vega
Adan Vega answered on Jul 2, 2021

The short answer is no.

You need to contact USCIS and follow up.

Good luck to you.

1 Answer | Asked in Immigration Law and International Law for Texas on
Q: I was issued at Ordered Removed (inadmissible) on my way to NC from MEX. How can I get this removed, it was a mistake.

I was in Chicago (layover) and they questioned my intent of traveling to the US. I told them I was here to help a friend recover from surgery but did not believe my story. They said I was here to get married & after checking my phone, they could not prove it. Then the said I was here to work... Read more »

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

You have not stated very important information: How did you enter the USA? If you entered without inspection you were subject to removal regardless of your reason for being here and your education. You agreed to the removal.

1 Answer | Asked in Immigration Law for Texas on
Q: Does CSPA apply to derivation of citizenship through naturalized father, 10 years after permanent bar?

The petitioned child was 14 at the time of the consular appointment (05/03/2012), in which the 212(a)(9)(c)(i)(i) was applied.

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Jun 15, 2021

If the child was the principal beneficiary of a family petition when he was 14 in 2012, he should not have been bar from applying for a visa at that time. A child under 18 does not accrue unlawful presence. If the child was a derivative beneficiary as the son or daughter of a principal beneficiary... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: Obtaining certificate of non-existence

I am originally from the Netherlands and reside in the US without legal status. I just found out yesterday my mother is dying and I need to return to the Netherlands. I am already trying to obtain a Laissez- Passer/Emergency Passport from the Netherlands but I was told I also need a certificate of... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on May 27, 2021

You are free to leave the USA. You will not be able to return.

Based on your post it sounds like the problem is that your Netherlands passport is expired. Most consulates will not renew a passport for their citizens unless you are in the USA legally. The issue is being admitted into the...
Read more »

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2 Answers | Asked in Immigration Law for Texas on
Q: My green card expired while waiting to be approved for citizenship. Do I need to renew my green card?
Kevin L Dixler
Kevin L Dixler answered on May 25, 2021

If a lawful permanent resident changes jobs or needs to travel, then they must have evidence of immigrant status for travel, CBP and I-9 purposes, respectively. In general, a lawful permanent resident must have proof of their status should they be subject to inspection. Otherwise, they can be... Read more »

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1 Answer | Asked in Criminal Law, Immigration Law and Federal Crimes for Texas on
Q: Is there something I can do for my father's felony charge 25 years ago that got him deported

My father was charged with a felony 25 years ago from a drug charge

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on May 19, 2021

The question is, what do you want to do about that matter? You say your father was charged with a felony drug offense but you don't mention what actually happened to the case? Did he plead guilty? Did he go to trial and lose? Or did he get deported before anything happened in the drug case? If... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: My husband is filing a petition on behalf, however he is currently unemployed and collecting unemployment benefits

Can those benefits be added to his current total annual income? Or could $0 be written in that category seen that we have a joint sponsor?

Also, we filed our taxes jointly and is unable to distinguish our individual AGI on the tax transcript. Can we use his wages and compensation stated on... Read more »

Agnes Jury
Agnes Jury answered on May 19, 2021

"Yes" to all your questions but it will be important to show that he and/or your joint sponsor have sufficient income (excluding unemployment) both at the time of filing AND at the time of the interview. Best wishes!

2 Answers | Asked in Immigration Law for Texas on
Q: Married to USA Citizen for 6 years now, but we are living in Dubai,UAE. Can I still apply for Green Card?

My daughter is also an American Citizen, do i have to be in USA to obtain Green card or American Citizenship. I am Indian Passport holder.

Adan Vega
Adan Vega answered on May 18, 2021

Your U.S. citizen spouse can file the relative petition ( FORM I-130) with USCIS on your behalf. You , as the beneficiary, do not have to be present in the U.S. to commence the process.

An experienced immigration attorney can assist you with this process and help you to avoid any...
Read more »

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2 Answers | Asked in Immigration Law for Texas on
Q: I have a conditional green card which will be expiring by 09/29/2021 please I when I can file I-175 with my US spouses
Adan Vega
Adan Vega answered on May 15, 2021

You can file the FORM I-751 within the 90 day period prior to expiration of the conditional status. In your case you will need to subtract 90 days from 09/29/21 to determine the earliest day you can file the FORM I-751 with USCIS.

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