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Texas Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Texas on
Q: CAN I FILE 485 DIRECTLY AFTER FILING 130? PARENTS ARE ALREADY HERE IN USA
Adan Vega
Adan Vega
answered on Aug 16, 2023

First of all, you must ensure that you submitted a separate I-130 petition for each of your parents. Secondly, you must also ensure that your parents have lawfully entered the country. If that is the case, then you can proceed to file Form I-485 for each of your parents to commence the adjustment... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Do I have to take the COVID 19 vaccine to pass my medical exam? Is there any way to not take it and still get approved?

I don’t take vaccines due to religious beliefs and I don’t personally want to take something that a company isn’t liable for if I have any adverse reactions or death. What are my rights and can I still get my residency?

T. Augustus Claus
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answered on Aug 11, 2023

Medical exam requirements can vary based on the specific circumstances, the type of residency application you are pursuing, and the policies of the medical professionals conducting the exams.

If you have religious or personal beliefs that prevent you from taking certain vaccines, you might...
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2 Answers | Asked in Immigration Law for Texas on
Q: Do I have to take the COVID 19 vaccine to pass my medical exam? Is there any way to not take it and still get approved?

I don’t take vaccines due to religious beliefs and I don’t personally want to take something that a company isn’t liable for if I have any adverse reactions or death. What are my rights and can I still get my residency?

Monica E Rottermann
Monica E Rottermann
answered on Aug 11, 2023

Several vaccinations, including covid, are required as part of the medical exam (Form I-693). If the requirement for a vaccination would be contrary to your religious beliefs or moral convictions, you would have to submit a Form I-601 waiver. You can read more about the requirements for the... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: What to do if no visas are available for greencard based marriage after interview? Petitioner is a green card holder.

My husband (GC holder) and I (Visa) has our interview yesterday. It went well but officer told us that no visas were available for my country (Venezuela) we are wondering what to do now. Do we just wait?

He is about to become a citizen is a week and officer said we can update application.... View More

Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

If he remains a green card holder, then you have to monitor the Visa Bulletin (Final Action Chart) to see when your priority date becomes current, and the visa has become available. As long as the priority date was current at the time of the filing of the adjustment, USCIS will keep the case on... View More

2 Answers | Asked in Immigration Law for Texas on
Q: I wish to extend my stay for B2 tourist visa using I-539 form. What plausible reason could I provide for that?

My reasons for this extension is that I wish to stay with my son who is doing PhD here, and support him. I also wish to travel US. I am retired from my job in my home country and have no duties awaiting there. Can you let me know what reason should I provide so that the request is not rejected?... View More

Kevin L Dixler
Kevin L Dixler
answered on Aug 3, 2023

A visitor visa is for visiting, not for living and working in the United States. There is a presumption of immigrant intent every time you apply, so seeking a second extension, in addition to remaining in the United States, tends to demonstrate that you don’t want to leave.

If denied,...
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2 Answers | Asked in Immigration Law for Texas on
Q: I wish to extend my stay for B2 tourist visa using I-539 form. What plausible reason could I provide for that?

My reasons for this extension is that I wish to stay with my son who is doing PhD here, and support him. I also wish to travel US. I am retired from my job in my home country and have no duties awaiting there. Can you let me know what reason should I provide so that the request is not rejected?... View More

James L. Arrasmith
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answered on Aug 6, 2023

Your desire to support your son during his PhD studies and to experience travel within the U.S., coupled with your retirement and lack of responsibilities back home, presents a valid rationale for extending your B2 tourist visa. Additionally, your age and diabetic condition, along with your family... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: I lost my petition to change name certificate and i would like to obtain a new one
Monica E Rottermann
Monica E Rottermann
answered on Jul 18, 2023

If you lost your original naturalization certificate or if your name has legally changed since you obtained the certificate and you would like to obtain a new certificate with your new legal name you would have to file Form N-565, Application for Replacement Naturalization/Citizenship Document and... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Are you eligible for a translator for the US naturalization test if you are not fluent in English?
Monica E Rottermann
Monica E Rottermann
answered on Jul 18, 2023

In order to qualify for the English language exemptions when applying for naturalization you must be (1) at least 50 years old and have been a resident for at least 20 years; (2) be at least 55 years old and a resident for at least 15 years; or (3) be 65 years old or older and a resident for at... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Are you eligible for a translator for the US naturalization test if you are not fluent in English?
James L. Arrasmith
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answered on Jul 23, 2023

Under U.S. immigration law, if an individual is not fluent in English, they may be eligible for a translator during the naturalization test. However, there are very specific requirements and guidelines for using a translator during the interview and test. The USCIS officer conducting the interview... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Do my parents (in Guatemala) have the right of reentry into the U.S.? They had their Green Cards when they left in 2021.

My parents left the U.S. unexpectedly in May 2021 to fly to Guatemala to be with me. I had just received notice of my American husband's death, and I was in Guatemala alone. My husband had not obtained my visa yet, and I was denied an emergency visa to come to the U.S. for his funeral. My... View More

Artur Tunyan
Artur Tunyan
answered on Jul 11, 2023

Under the general rule, If you are a permanent legal resident and intend to stay outside the United States for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the United States. A re-entry permit allows a lawful... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Do my parents (in Guatemala) have the right of reentry into the U.S.? They had their Green Cards when they left in 2021.

My parents left the U.S. unexpectedly in May 2021 to fly to Guatemala to be with me. I had just received notice of my American husband's death, and I was in Guatemala alone. My husband had not obtained my visa yet, and I was denied an emergency visa to come to the U.S. for his funeral. My... View More

James L. Arrasmith
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answered on Jul 23, 2023

If your parents left the U.S. with valid Green Cards and had not been outside the country for more than one year, they should be eligible for reentry as Permanent Residents. They should present their Green Cards when entering the U.S.

However, if their Green Cards were lost or expired, they...
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1 Answer | Asked in Immigration Law for Texas on
Q: I was reading instructions for USCIS forms I-821 and I-601, the TPS marks the time for the other l ,what this means?

Will 601 valid-only when the TPS is valid?

That means i need to keep reapplying for TPS? How long the TPS can be issue for?

James L. Arrasmith
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answered on Jul 6, 2023

When filling out USCIS forms I-821 and I-601, you may have noticed that TPS (Temporary Protected Status) is referenced in relation to the I-601 waiver. This suggests that the I-601 waiver may only be valid while your TPS status is valid. TPS is a temporary immigration benefit granted to individuals... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Extension of H4 visa within us

My son is on H4 visa under my husband H1B. Can I extend his H4 and place him under my H1B since my husband changed employer and his petition is processing and my son will go out of status soon.

James L. Arrasmith
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answered on Jul 6, 2023

To extend your son's H4 visa, you typically need to file separate extension applications for both parents (H1B visa holder and H4 visa holder). However, if your husband's H1B petition is currently being processed due to a change in employers, you may consider including your son's H4... View More

1 Answer | Asked in Immigration Law for Texas on
Q: My husband and I were common law married in Texas. He went back to Mexico due to his mom being sick. He wants to return

back to Texas. Which form should I file. I-130 or the form for fiancé? My next question is. Should we hire an immigration lawyer or is this something I can do myself?

James L. Arrasmith
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answered on Jul 6, 2023

If your husband, who is currently in Mexico, wants to return to Texas, you have two options to consider. If you were common law married in Texas, you can file an I-130 petition as a spouse to establish his eligibility for a family-based immigrant visa. Alternatively, if you are not married yet but... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Does someone who abandoned their LPR by leaving the US have to file an i-407 before filing for LPR again?

A woman received legal permanent residency through filing I-130 (spouse). Later, the couple divorced and the woman left the USA for her "home country" for an extended period, effectively abandoning her legal permanent residency. Now the person has remarried to a US citizen and wants to... View More

James L. Arrasmith
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answered on Jul 6, 2023

If someone abandoned their legal permanent residency (LPR) by leaving the US for an extended period without authorization, they may need to consult with an immigration attorney to determine the necessary steps for their specific situation. While filing an I-407 to formally abandon LPR status is... View More

1 Answer | Asked in Family Law, Immigration Law, International Law and Juvenile Law for Texas on
Q: I have a client with a greencard but wrong DOB. DOB was assigned by Afghanistan. What can we do?

I have a client with LPR status from Afghanistan. His parent were illiterate and didn't realize that his birth year was set 4 years in the future. He is looking to get naturalized because he is actually 18, but everything from his afghan documents to his green card say he is 18. What form... View More

James L. Arrasmith
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answered on Jun 18, 2023

If your client's date of birth (DOB) on his green card is incorrect, he may be able to file a request to have it corrected. The process for correcting a DOB on a green card can vary depending on the circumstances but generally involves filing Form I-90, Application to Replace Permanent... View More

2 Answers | Asked in Immigration Law for Texas on
Q: Hi, my parents' petition is already approved and waiting for the interview. Can my 20 years old sibling join my parents?

I'm a US citizen and filed a petition for my parents. Their petition is approved and all the fees and documents are submitted. My parents are currently waiting for their interview to be scheduled. The question is about my 20 years old sibling that wants to join my parents. Can you please... View More

Stephanie Chantelle Coste
Stephanie Chantelle Coste
answered on Jun 20, 2023

Unfortunately, no you can't add your 20 year old sibling to your parents' approved I-130 petition as there are no derivatives in an immediate family based petition. Your parents are immediate family members and have a visa immediately available to them upon approval of the I-130... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Hi, my parents' petition is already approved and waiting for the interview. Can my 20 years old sibling join my parents?

I'm a US citizen and filed a petition for my parents. Their petition is approved and all the fees and documents are submitted. My parents are currently waiting for their interview to be scheduled. The question is about my 20 years old sibling that wants to join my parents. Can you please... View More

Monica E Rottermann
Monica E Rottermann
answered on Jun 14, 2023

There are no derivatives allowed on immediate relative petitions, so there is no way for your sibling to be added to the petitions you filed for each of your parents. You would have to file a separate sibling petition to immigrate your sibling. You should be aware that this will take much longer... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: See next line.

I know someone who took their child from school in Colombia, with out the fathers permission. She then illegally brought the child to United States where one of their family members have given them money to move across state lines and for expenses. The mother will leave her child with strangers for... View More

James L. Arrasmith
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answered on May 16, 2023

The situation you have described is concerning, and it appears to involve complex legal and child welfare issues. Here are some general suggestions for the best course of action:

Contact law enforcement: Given the serious nature of the situation, it is advisable to contact the appropriate...
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2 Answers | Asked in Immigration Law for Texas on
Q: Is it okay to travel on H1b when at the same time AP is under renewal process?

Hello,

I’m going India from May 20 to June 28. My AP is going to expire in mid of Nov and my attorney asked me to apply for renewal 180 days before its expiration date, means I will have to put AP for renewal somewhere in mid of May. I was wondering if traveling on H1b may cause any... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

Yes, it is generally okay to travel on H1B while the Advance Parole (AP) application is under renewal process. However, you should keep in mind that traveling outside of the US while your AP application is pending may be considered as abandoning your application. Therefore, it is recommended that... View More

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