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Texas Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Texas on
Q: If I sponsor my fiancé for his green card but have a co sponsor, how would I go about obtaining pre natal Medicaid?

I am currently unemployed. My mother is co sponsoring my fiancé in his process for his green card. I’m interested in obtaining pre natal Medicaid but I’m unsure about how to go about the process since he legally can’t work right now?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

You need to be very careful about obtaining any government assistance if you are not a citizen and especially if your fiancee is the father of your child and responsible for the child's medical bills.

1 Answer | Asked in Immigration Law for Texas on
Q: asylum seeker with dismissed case

I applied asylum about 3 months ago unfortunately I have a dismissed case that happened 3 years ago. It was a controlled substance. I did not find guilty nor I paid any fine. Would that still effect my asylum case ?

Peng Li
Peng Li answered on Nov 13, 2019

You will need to provide proofs of disposition of said case and be up front with the history when you apply or are being interviewed for asylum. The USCIS officer will look at the totality of your case and the evidence you presented to determine whether you are eligible. Sometimes, there are... Read more »

1 Answer | Asked in Domestic Violence and Immigration Law for Texas on
Q: Received waiver for I751 due to violence, Can i still apply for citizenship after a divorce

I got my conditional green card in 2016. i applied for a waiver to remove contion in 2018 as a result of domestic violence and this was approved. presently it has been 3years of been a green card holder can i apply for citizenship or i have to wait for 5 years because presently i am divorce from my... Read more »

Adan Vega
Adan Vega answered on Nov 12, 2019

In your scenario, the spousal naturalization provisions are applicable if the conditions on the resident status are removed based on an approved battery or extreme cruelty waiver of the joint filing requirement for Petition to Remove Conditions on Residence (FORM I-751). In these types of cases you... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: I want to know if I can apply for the N-600 form.

My dad is a naturalized U.S citizen and I was brought legally to the U.S before I was 18 years old of age.

Kevin L Dixler
Kevin L Dixler answered on Nov 10, 2019

Your father must naturalize before your 18th Birthday in order to derive citizenship from him. You must have reached18 years old on or after February 27, 2001. Otherwise, you must qualify for citizenship by naturalization.

Some who file for naturalization are not only denied, but placed in...
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1 Answer | Asked in Immigration Law for Texas on
Q: Is it possible to have a Notice to Appear issued a couple of years ago but not be in removal proceeding if you missed it

I recently went for a i-485 interview for 1-130 application (by my wife) and the officer asked me if i had ever received a notice to appear before and i said no because i never did. She informed me that i had one on file for an application for that my ex wife put in for me about 3 years ago and was... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 4, 2019

If you were sent an NTA and never responded because you didn't receive it, you might be able to have an experienced immigration attorney re-open the case and adjust your status in removal proceedings so that you can stay. You need to hire an experienced immigration attorney as soon as possible.... Read more »

1 Answer | Asked in Immigration Law and International Law for Texas on
Q: Obtaining Citizenship

I’m married with my US citizen wife about 5 years and planning to get her my home countries citizenship through marriage. is there any restrictions for US citizens to obtaining another countries citizenship through marriage ?

Carl Shusterman
Carl Shusterman answered on Nov 3, 2019

The United States accepts dual citizenship.

1 Answer | Asked in Immigration Law for Texas on
Q: How can I change my name through naturalization? What is the process like with a judge?

I have been a permanent resident for over 5 years, and I am applying for my US citizenship. I also recently got married to a US citizen, and I want to change my last name to his. The easiest way to do it is thru n400, how does that work? What is the step by step process with getting my name changed... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 18, 2019

If you got married and took your spouse's last name you would then change all your legal documents such as, social security card, driver's license and your immigration identification. There is a form to do so and it lists the required evidence.

If you are seeking to change your name...
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1 Answer | Asked in Immigration Law for Texas on
Q: Can my niece who was born in Mexico whose mom passed away and father is in prison in the US come live in the US?

Need some advice please. My brother ran to Mexico to avoid getting arrested about 17 years ago. A year after being in Mexico he met his common law wife. He had my niece who is now 16. My brother never put his name on the birth certificate as he was illegally in Mexico. Last year his common law wife... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 16, 2019

Your niece might already be a US citizen. We recommend you speak with an immigration attorney to confirm. Even if your brother’s name is not on the birth certificate, a DNA test would show the relationship.

2 Answers | Asked in Immigration Law for Texas on
Q: My son is 15 and has been charged with a felony will that effect him when renewing his TPS (temporary protected status)

His charge is assault on public servant and we took a plea deal and he is on probation for 6 months

Grant St Julian III
Grant St Julian III answered on Oct 7, 2019

The short answer is yes, a felony will affect a person's immigration documentation status, but if the criminal/juvenile charges have already been resolved, there is not much you can do about the situation. Talk with your attorney. Good luck.

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1 Answer | Asked in Immigration Law for Texas on
Q: How does the new public charge rule affect citizenship application, specifically with health insurance and unemployment?

I am currently eligible to apply for citizenship; however, I just finished my college degree this past month. I've held a job for the past 4 years, but recently left that job back in July to focus 100% on completing my degree and to look for jobs in my new field. My question is: will applying... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 3, 2019

Citizenship applications are not generally impacted by public charge issues.

2 Answers | Asked in Immigration Law for Texas on
Q: Whats a better option?

Hello, I’m from Texas and my boyfriend is from Dominican Republic due to income earnings I don’t think it would meet requirements ! I have two kids and he has one ! I’m taking a trip down to Dominican Republic in 2 months would it make it easier if we just get married over there ? My annual... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2019

Marrying him in the Dominican Republic is not going to change the financial analysis. You have to show that you are able to support him and your household at the required level.

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1 Answer | Asked in Immigration Law for Texas on
Q: A complex situation for my K2 stepdaughter soon to be my adopted daughter. What are my next steps?

Her: K2, entry July 6, 2016. I-551 CR2 received June 15, 2017. I-751 submitted and receipt obtained with 18 month extension on original I-551 until 12/15/2020. Has SSN and permission to travel/work.

Her mom (my wife): Same details except K1/CR1.

Me: Native Texan.

Family. All... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 24, 2019

1. The child has to be living with the adopted parent for two years. The law doesn’t say that this time frame has to happen before or after the adoption takes place

2. If her name changes before the I-751 is approved, send a copy of the name change to USCIS to show them along with a copy...
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1 Answer | Asked in Immigration Law for Texas on
Q: How do I tell USCIS of a non citizen never notifying them of their address change after moving 5 different times?

I would like to inform USCIS of a greencard holder that has not notified USCIS of their new address after moving 5 times since coming here.

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Sep 4, 2019

You can always call USCIS and let them know.

3 Answers | Asked in Family Law, Immigration Law, Child Custody and Child Support for Texas on
Q: I got a filipina pregnant in the Phillipines. Not married to her. Does she have any right to child support from me?

Can she get legal help to take my money since she is not a US citizen?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Sep 3, 2019

I couldn't say with regards to Philippines law, however I am assuming you will want to bring her to the USA and/or make your child a citizen. If so, please contact us. We can help with either or both.

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2 Answers | Asked in Immigration Law for Texas on
Q: Do we have to carry immigration documents to travel to Port Aransas from Austin?

My name is Nivesh Pandya and I am currently waiting on the H1-B approval notice. I am not sure if it is safe to travel to Port Aransas as my current immigration status F-1 is valid only till Oct 18th. Can you please suggest if I should travel to port Aransas?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 28, 2019

Carry a copy of your immigration papers everywhere you go.

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1 Answer | Asked in Immigration Law for Texas on
Q: can I go ahead and marry my GF.

I was in the court for deportation proceedings and my relief was based on asylum but I haven’t filed yet. Can I go ahead and marry my Girl and change my status or I have to still file for asylum. Aside, how soon do I have to ?

Svetlana Kats
Svetlana Kats answered on Aug 27, 2019

Hi you can not change status since you are in removal proceedings with the immigration court. You should marry your GF and ask her to file family based petition for you. At your next Master Hearing with the court, file your asylum application and tell the judge that you are now married and your... Read more »

2 Answers | Asked in Criminal Law and Immigration Law for Texas on
Q: What type of lawyer does it need? Criminal or immigration or both?

A member of our community is currently in jail for Fraud use /Poss. of ID, Failed to ID, and ICE hold. Before that event, he was on an ICE bail. He entered with the United State with a different name. He is now married to an American citizen and 2 kids (with different mothers). He has a currently... Read more »

Gary Kollin
Gary Kollin answered on Aug 20, 2019

Both.

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2 Answers | Asked in Immigration Law and Tax Law for Texas on
Q: Does a green card holder have to file taxes even if they make below the poverty threshold?

In this scenario, a U.S. citizen taxpayer would not be required to file because they earn less than the threshold stipulated by IRS.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 13, 2019

The last I heard, in America everyone who has any income from any source is required to file an income tax return--regardless of the amount of income. Why? Because if the IRS left it to taxpayers to decide whether they had earned enough to have to file a return, no one would ever file.

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2 Answers | Asked in Immigration Law for Texas on
Q: I am a permanent resident, I have my fiancee aborad and want her to join me here legally as soon as possible.

Would her coming in as a student then we get married after 90 days the best option as filling for through the normal process is about 2years and we can't wait that long to be together

Kevin L Dixler
Kevin L Dixler answered on Aug 8, 2019

She is disqualified for a non-immigrant F1 student visa, where she has immigrant intent for the purposes of the visit. Such action can suggest misrepresentation, which can indefinitely bar her from lawful immigration.

I strongly recommend an appointment or teleconference with a competent...
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1 Answer | Asked in Immigration Law, Public Benefits and Social Security for Texas on
Q: can the Social Security Administration count my undocumented aliens spouse's income against me and stop my SSI benefits

My husband does not have a SSN and is not authorized to work in the US. We are in the process of applying for his green card but still not been approved. I receive SSI & Medicaid. I reported my marriage to my husband immediately after getting married but the rep told me that since he wasn't... Read more »

Kevin L Dixler
Kevin L Dixler answered on Aug 6, 2019

This seems a bit more complicated. More information is needed. Do you have a joint sponsor? Your husband should qualify for work authorization if he is eligible to adjust status. If not, due to complications with filing, it seems like you need an attorney, soon!

If "the rep" is not an...
Read more »

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