Lawyers, Answer Questions  & Get Points Log In

Texas Immigration Law Questions & Answers

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 »

View More Answers

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.

View More Answers

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.

1 Answer | Asked in Immigration Law for Texas on

Q: Am a green card holder from my dad,am 23& it’s been a year here,do I have Possibility to apply for citizen ?!

I have ID and ssn, am working nurse and paying taxes

My dad pass away last 6 months

Deron Edward Smallcomb answered on Apr 5, 2019

You will need to be a green card holder for five years before you can file for citizenship.

1 Answer | Asked in Immigration Law for Texas on

Q: Would K3 visa expedite my foreign spouse's entry into the United States?

Deron Edward Smallcomb answered on Apr 5, 2019

For all intents and purposes, the K3 visa only exists now on paper. This change went into effect a handful of years ago and it all but nullified the K3 application by terminating the petition once the CR1 marriage visa was approved. As the CR1 is filed before the K3, it is almost always the case.... Read more »

1 Answer | Asked in Immigration Law for Texas on

Q: What is the wait time difference between a fiance vs spouse visa application?

Deron Edward Smallcomb answered on Apr 5, 2019

In our experience over thousands of applications, the wait time difference is about 3 months longer for a marriage visa. That said, there really isn't a choice in the matter, you are either married or not. If you're not already married, but have met in person, you would also need to add the time it... Read more »

1 Answer | Asked in Immigration Law for Texas on

Q: Would a reception or church ceremony in my fiance's country invalidate the K1 visa application?

Deron Edward Smallcomb answered on Apr 5, 2019

If you don't officially marry, then it wouldn't be a marriage and therefore not invalidate the K1. That said, in some countries an unofficial ceremony is still recognized as a marriage. You should contact an immigration attorney to discuss.

1 Answer | Asked in Immigration Law for Texas on

Q: Can someone on a P1 visa for an 8 day concert tour apply for an ESTA after entering? He wants to stay a week to visit.

He wants to stay for a week after the concert tour to visit family but is concerned that if he overstays P1 he wont be able to tour here again. He did not know the concert organizers would obtain P1 and not a 90 day ESTA, and just saw his P1 visa for 8 days when his passport was returned to him by... Read more »

Deron Edward Smallcomb answered on Apr 2, 2019

You cannot apply for ESTA while in the United States.

2 Answers | Asked in Immigration Law for Texas on

Q: Would it affect someone to live in Mexico more than 6 months if resident only?

Hi I have a case I have question about my moms father he is 76 years old retired is receiving pension and also social security check he was living with his sisters in California. he is trying to become a citizen and were wondering how long would it be for him or if it’s possible for him to become... Read more »

Kelli Y Allen answered on Mar 16, 2019

If your father is a permanent resident he should try not to stay out of the U.S. for 6 months at one time. If it does, it will delay his eligibility for naturalization. There are accommodations that can be made for the naturalization process based on age and length of time he has been a permanent... Read more »

View More Answers

1 Answer | Asked in Immigration Law, Business Formation and Business Law for Texas on

Q: Legal ways I can get a green card while in year one or two at the University no matter the cost

Because I want to start up legal businesses while in school

Deron Edward Smallcomb answered on Mar 15, 2019

There are definitely options if you are willing to invest a significant amount of money in the USA. Feel free to contact us or another experienced immigration lawyer for assistance.

1 Answer | Asked in Immigration Law for Texas on

Q: What additional evidence documents are required for N400?

My application profile is straightforward because I have never been married, never had kids, never arrested, never convicted, etc. The required document section of the online application just asks for the front and back copy of my permanent resident card. But the additional evidence sections asks... Read more »

Deron Edward Smallcomb answered on Mar 5, 2019

With the difficulty of obtaining citizenship increasing, and the fact that each case is unique, you should contact an experienced immigration attorney to discuss what documents are relevant to your situation.

1 Answer | Asked in Immigration Law for Texas on

Q: Can my son get his old priority date ( F1 of a US citizen mom) after getting married and now he’s divorced?

Mother was a Permanent resident and applied for unmarried son over 21 in 2013. The son got married in 2014. Then mother added his sons wife in the process in 2017. The son got a divorce in 2018. The mother became a citizen in 2016. So my question is can the son get his old priority date back from... Read more »

Hector E. Quiroga answered on Feb 28, 2019

When your son married, the petition that you filed on his behalf was terminated. The only way to get it reinstated is to get it annulled and try to show that the marriage was not valid in the first place. Divorce in itself is not sufficient. Otherwise you will need to file a new petition for him.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.