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Texas Immigration Law Questions & Answers

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 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 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 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 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 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 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 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...
Read more »

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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 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...
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1 Answer | Asked in Immigration Law for Texas on

Q: My girlfriend wants to get her green card to move to the US. Should we get married before or after she applies?

My girlfriend lives in Mexico and I live in Texas. We are an LGBTQ couple. My girlfriend is moving from Mexico to Texas in January to start working as a resident fellow. We both want to get married, but she has stated that she would not be able to work if we get married and she moves to America. Is... Read more »

Hector E. Quiroga answered on Jul 31, 2019

If she comes to the US and you marry, that you can file a visa petition on her behalf, and she can file a green card application at the same time. Once she has a green card, she will be able to work. There might be some conditions of her fellowship that would prevent her from working, but there is... Read more »

3 Answers | Asked in Criminal Law and Immigration Law for Texas on

Q: I need help getting someone denaturalized.

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Gary Kollin answered on Jul 31, 2019

You personally can do nothing

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1 Answer | Asked in Immigration Law for Texas on

Q: I'm a green card holder and started filling out the N400 form for citizenship. My green card expires 2/2020.

Should i finish the n400 and start the request for a renewl of the green card as well so I don't risk being in the US with an expired green card?

Also,I've read that you one can possibly qualify for a temporary card or stamp on your green card that proves you are in the process of becoming... Read more »

Jered Dobbs answered on Jul 26, 2019

I recommend you complete the N-400 and then also file an I-90 to renew the green card. You remain a permanent resident regardless of whether your green card is expired or not, but obviously an expired green card can make it difficult to get work, renew driver's licenses, travel abroad, etc. So I... Read more »

1 Answer | Asked in Immigration Law for Texas on

Q: My I-130 is still under process, but visa bulletin dates are current, can I file I-485?

My Spouse is Permanent residence (Green Card) of the United States, I filed my i-130 and my priority date mentioned in the receipt is 6th May 2019, but the visa bulletin for July 2019 for F2A category is showing up Current (C). My question is, with the reference of the July's visa bulletin, can I... Read more »

Jered Dobbs answered on Jul 26, 2019

The answer on this is generally yes, assuming you have otherwise maintained lawful immigration status in the US and have not worked without authorization. Keep in mind also that when to file the I-485 is governed not only by the Visa Bulletin, but also the USCIS Adjustment of Status Filing Chart... Read more »

1 Answer | Asked in Immigration Law for Texas on

Q: Master Hearing in Removal Proceedings

I have been going to immigration court for about 2 years and my case has been further postponed for another 2 years for a master Hearing on marriage fraud. It is a Master Hearing in Removal Proceedings. I currently hold a 10 year green card. My question is, can i travel out of the country without... Read more »

Jered Dobbs answered on Jul 26, 2019

Strictly speaking, you are a permanent resident all the way up until an immigration judge revokes your green card and orders you removed, so in theory you could still travel. However, I would say travel is very high risk under the circumstances, as you could risk detention upon reentry, amongst... Read more »

1 Answer | Asked in Immigration Law for Texas on

Q: I'm applying for citizenship online and they ask if I had been cited or arrested?

I'm applying for citizenship online and they ask if I had been cited or arrested, I had a speeding tickets do I need to put them in the application?

Jered Dobbs answered on Jul 26, 2019

Technically the answer would be yes, you should disclose the citations, though you don't have to document them. The N-400 instructions state that "[y]ou do not need to submit documentation for traffic fines or incidents that did not involve an arrest or did not involve drugs or alcohol, if the only... Read more »

1 Answer | Asked in Immigration Law for Texas on

Q: Immigration question: Mother is out of US, I am in US. She was deported almost 10 years ago in 2011. Details below.

My mother was deported to Venezuela in 2011 voluntarily; they gave her a ten year bar. I went with her because I was a minor, but because of the humanitarian crisis she sent me away five years ago at 17. The stress from the crisis and separation has left me looking for as much help as I can get,... Read more »

Jered Dobbs answered on Jul 26, 2019

Unfortunately the 10 year bar can only be waived (form I-601) if your mother herself has a spouse or parent that is a US citizen or permanent resident. However, in the interest of ensuring she gets to the US as soon as possible, I recommend that you go ahead and file an I-130 for her now. The... Read more »

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.

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