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Texas Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Texas on
Q: Can we move to USA in October/2021 with no in and outs in 12 month period?

We -as a family of four- received our greencards last year. When we entered to USA in October/2019, entry-port policeman told us to move to USA within 12 months.

We can't move right now due to pandemic but We will come in USA in October/2020 for just 14 days. Then we will exit USA.... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

I suggest you obtain re entry permits. USCIS.gov/I-131. Read the instructions carefully and also read your responsibilities for maintaing your LPR status at USCIS.gov.

1 Answer | Asked in Immigration Law for Texas on
Q: What does it mean by “ USCIS has accepted your application, petition, or request, and it is under review” after an RFE?

I filed an I-130 for my husband on March 26, 2020. They later sent an RFE and I sent the paperwork 3 weeks ago now it says the above. My case is at the Nebraska Center.

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

It means exactly what it says. Your additional documents have been received and our file in beig processed.

1 Answer | Asked in Immigration Law for Texas on
Q: I have a B1/B2 visa & I want to visit my wife in US, she is on F1. Can I do change of status to F2 visa after entering?

Due embassy closures, I can't apply F2 dependent visa from my home country now.

The idea is that I use my existing B2 visa to enter the US and do a change of status afterwards.

Will there be an "intent" problem with this practice? Specifically, I am also afraid of... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 26, 2020

The intent doesn’t change, just the presumption of it. Certainly waiting longer to change status decreases the presumption.

2 Answers | Asked in Immigration Law for Texas on
Q: Change of status from B1/B2 visa to F2 visa: Does it have an intent problem if applied too soon? Does 90-day rule apply?

Due to embassy closures amidst Covid19, I can't apply for an F2 visa from my home country. My idea is that I travel on my existing B2 visa and do a change of status.

What is the right point of time for me to apply for a change of status after my entry? Will my B2 visa duration be... Read more »

Kyndra Mulder
Kyndra Mulder answered on Aug 25, 2020

An application to change your visa category within 90 days will trigger a presumtion of fraud.

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1 Answer | Asked in Immigration Law for Texas on
Q: If I’m a green card holder can I work as an adult entertainer or web cam girl without it affecting my status?
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Aug 13, 2020

Hi, if you are engaging in legitimate work and paying your taxes, there should be no issue with your green card status.

Green card holders are usually prohibited from doing government work like FBI agents or U.S President. Other than that, you are good to go.

**This is not Legal...
Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: asylum.clock stopped. no fault of mine.We went for d scheduled biometrics but due to covid 19,they were closed

I didnt request for any change. They didnt do the biometrics because they were closed. But uscis still stopped my clock. Can I apply for EAD regardless?

Kyndra Mulder
Kyndra Mulder answered on Aug 3, 2020

I suggest you apply and include supporting documentation to show that your biometrics were not taken due to no fault of your own.

3 Answers | Asked in Immigration Law for Texas on
Q: What does the I-485 packet need to include when filing concurrently besides credit report and check?

Hi, me and my husband has attempted to send in our I-485 document twice now and have failed every time because of missing documents. We are filling our I-130 and I-485 concurrently. The I-130 has been submitted online and we are now trying to send in the I-485. Our I-485 packet now includes a check... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jul 27, 2020

What forms you need to complete and file depends entirely on your situation. Without a full evaluation of the facts of your case it can not be determined.

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2 Answers | Asked in Immigration Law for Texas on
Q: Marriage in US or Colombia

My girlfriend is a Colombian national who still resides in Colombia. I am a US citizen and we are trying to figure out if it is best for her to get K1 visa and us get married in US or we get married in Colombia and then I apply for visa for her

Stephen Arnold Black
Stephen Arnold Black answered on Jul 20, 2020

The K visa has a little bit faster processing time. You must have met within two years from filing for her visa as well. Counsel anywhere in the USA can represent you. Good luck!

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3 Answers | Asked in Immigration Law for Texas on
Q: My L1 Visa will expire in Oct My Wife works under the Visa Her work will provide her TN Can i stay under her TN?

I am also applying for EB1 Green Card in July and am from Canada

Will the loss of the L1 affect the EB1 Application

Will my wife transitioning to a TN affect the application?

Kyndra Mulder
Kyndra Mulder answered on Jul 14, 2020

In general; You must have a current valid visa at the time you change your category OR if timely filed the new status may be retroactive so that you are not considered out of status.

You wife's TN should have no impact on your application. However, the sevice does have discretion to...
Read more »

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1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for Texas on
Q: If I press charges can he press them back on me? ( I just wanna know if it’s better for me to Just stay quiet?)

Currently I’m 22 weeks pregnant. My husband & I got into an altercation, it got physical on both sides. Now I was trying to defend myself (he left a variation of bruises on me, him on the hand only had one). I would like to press charges on him but he threatened me, he said that if I press... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

Talk to a Texas-based immigration lawyer about whether or not deportation is a legitimate concern under current case law out of the 5th circuit as it relates to recklessness as a culpable mental state in the Texas assault statute.

A person can report a crime to law enforcement, but they...
Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Family based immigration?

My brother lives overseas and I would like to file for his family based immigration. I would like to know if I could file for his wife and 2 kids as well? I mean as a part of the same application. If not, what is the procedure to help his wife and kids also immigrate with him?

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jul 3, 2020

Hello, are you a US citizen? If so, you can definitely file a petition for your brother. When a visa becomes available, he will complete the consulate process and at that time he will add his wife and child as accompanying immigrants. Keep in mind that the sibling category for filing typically has... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Immigration Law for Texas on
Q: How does a divorce with an undocumented parent go in Texas? Will they loose there rights as parent's and get deported?

Both married in Texas, not in agreement and without legal representation with two minor children under age 15 years of age. The mother is being tormented by this individual, should she do more than look for a lawyer to protect her and her children's rights?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 29, 2020

An undocumented parent does not lose his or her parental rights by getting divorced in Texas. It is doubtful that getting divorced will precipitate a deportation. However, at the end of a divorce one party or the other (usually one of the parties' attorneys) is supposed to submit a form... Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: my wife needs to renew her resident card but wants to try for citizenship.

she previously applied and was denied due to her interview. should she reapply or just renew her residency

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

More information is needed. A question like this requires a careful review of the decision denying naturalization. What is clear is that she cannot travel nor obtain new employment without an unexpired lawful permanent resident card. As a result, I strongly recommend an appointment or Zoom/Skype... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: I am green card holder planning to complete affidavit of support to sponsor my spouse and two kids to US. Question is:

My income for last year was $18.000 however my current individual income is $35.000, I checked that my current income meets poverty guidelines and enough for sponsorship. However may I file to sponsor my family by reporting my last year income which is lower and does it affect sponsorship and... Read more »

Liliana Gallelli
Liliana Gallelli answered on Jun 27, 2020

You can file now and not wait until next year but USCIS may send you a request for evidence because of the lower income from the currently filed tax return (despite having a current income higher than the poverty guideline threshold). The request may request a joint sponsor (i.e. another person to... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: I ve been deported from U.S in 2017 by immigration.Can I re-entry?

Hi there ,I ve been deported from Miami airport on March 2017 ,trying to comeback again in Miami after a short holiday in sud America.Immigration stopped me at the airport and ask me several questions Till they found out I was working illigaly there using someone else NIE number.The immigration... Read more »

Liliana Gallelli
Liliana Gallelli answered on Jun 27, 2020

You may be eligible for a waiver. You must check eligibility for filing an I-212 waiver to enter the United States before the penalty period for the deportation order is complete. Depending on the reason for the deportation and whether there have been prior deportations, the penalty period can be... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: Im permanent resident alien of us since age 7 how can I prove it. Without paying so much. Are there any militaryloophols

Came over as minor on mother's passport. Stepdad air force now retired. Been here since 1983, lived on bases till I ran away from abusive home. All paper work destroyed in fire. Help

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 20, 2020

Hi, I need more information to provide an answer. Are you sure you are a permanent resident or have just resided in the U.S for a long time?

Is you Mother a U.S Citizen?

DId your Step Dad adopt you and is he a U.S Citizen?

Are you married to a U.S Citizen?

If you...
Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: Please help,I need help with information on how to petition a marriage based green card.

Hi, I’m a US citizen and fiancé is not.He lived in the US for 2 years and had filed for asylum and before he got the interview the leader in his country was removed from power and situation had normalized so he went back a few months later.He did not notify the USCIS that he was leaving the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 19, 2020

There are two different ways to do it. He can come as your fiancé, and you can marry after he arrives. Then he can apply for a green card. You can marry him before he comes, then you can file an immigrant visa petition on his behalf as his spouse. When that is approved, he can apply for an... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Am I violating any laws by overstaying my F1 visa, while I am applying for adjustment of status for green card?

I am currently on a F1 visa which will expire on July 23. However, I got married in March and filed I-130 and I-485. Now I am wondering whether I am violating any laws if I stay past July 23, while I wait for my green card. Please advice.

Stephen Arnold Black
Stephen Arnold Black answered on Jun 19, 2020

Is your spouse a US citizen? If so then you can adjust status despite that you’re out of status as long as no grounds of inadmissibility otherwise exist.

1 Answer | Asked in Immigration Law for Texas on
Q: I am green card holder sponsoring my wife and two children, my last year income was 18K and this year current income

is expected to be 35K, if I report my last year income (18K) in affidavit of support does it affect sponsoring my family even though my current yearly income (35K) will be enough for sponsoring? Or I need to file affidavit of support next year? Thank you

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 15, 2020

Hello there, the USCIS will consider your previous tax returns and previous income since 2020 is still going on. You could include an employment letter showing your new job and your new expected income. However, I expect that you will need a joint sponsor for this application to be approved.... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Greencard related question

I'm a German Citizen with my 3rd E2 Visa working and living in the US. My Visa will run out next year in February. On 11.11.2018 i got married to my wife which is an US citizen. Since we are almost married for two years we are planning to apply for my green card now. We have not applied for... Read more »

Adan Vega
Adan Vega answered on Jun 14, 2020

You can be issued the 10 year resident card if at the time that USCIS adjudicates the FORM I-485/I-130 you have been married to a U.S. citizen for at least 2 years. You do not have to wait until November 2020 to file the request for adjustment of status in that USCIS does not adjudicate a request... Read more »

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