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Utah Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for Utah on

Q: If I rescind green card application for my mother, does it affect her chance of getting tourist visa in the future.

I am petitioning for my mother's permanent residency but we are having second thoughts because of the cost in insure her. We still want her to come visit the U.S. in the future, but we heard rumors she may be put on a "blacklist" for tourist visas if we rescind her application.

Kelli Y Allen answered on Feb 28, 2019

There's no technical bar, but the visas are direct opposites. It may be difficult for your mom to convince the consular office that she would only be coming for a short visit and then returning to her country.

1 Answer | Asked in Immigration Law for Utah on

Q: A Swedish national and I plan to marry and remain in our respective countries for two years. What paperwork do we need?

From what I have read online, it seems we are not allowed to simply visit each other on tourist status. Since we are neither immigrating right away, could you please provide guidance on visiting each other legally and especially on his upcoming visit to the USA for our wedding? Thank you!

Hector E. Quiroga answered on Nov 13, 2018

We can’t answer the question re: visiting your fiancé/spouse in Sweden; for your spouse to visit you here s/he must show a preponderance of evidence that she will return to Sweden after visiting you. She doesn’t need a visa to visa, since Sweden is a visa waiver country, but proof of... Read more »

1 Answer | Asked in Immigration Law for Utah on

Q: I'm wondering if there could be a possibility of someone being able to come back legally after being deported

He is 47 and had lived in the us off and on since before he was 18. He has had multiple deportations in the past but I'm not sure if all the details, this last one they told him to wait 3 years and it has now been four years.

Hector E. Quiroga answered on Sep 4, 2018

It is possible, yes. Details, however, are important, and even if someone is able to get around the issue of a deportation there could be other inadmissibility issues to consider. Best to consult with an immigration attorney.

1 Answer | Asked in Immigration Law for Utah on

Q: Would a pending N-400 application (filed for >5yrs residence) be effected if I divorce before my interview/ceremony?

My citizenship application was filed 8 months ago on basis of >5yrs residency (I've been here 10 years), and is currently in the interview scheduling process. My wife is a US citizen (which is how I came to be here). If I divorce now, will that impact my case, or can marital status be updated in... Read more »

Carl Shusterman answered on Jun 8, 2018

Since you waited until you had a green card for 5 years, you can naturalize whether you stay married or get divorced.

1 Answer | Asked in Immigration Law and Divorce for Utah on

Q: Can I go to my adjustment of status interview without my wife?

Hello!! I’ve really concerned about a couple things that are going on in my life right now. So, talking to a friend of mine. My concerns came up and he suggested me this place. So, I would love to ask you a couple questions and give you a little idea of what’s going on. Anyways, here is the... Read more »

Carl Shusterman answered on Apr 28, 2018

Since your wife is sponsoring you for a green card, it is required that both of you attend the interview.

1 Answer | Asked in Immigration Law for Utah on

Q: Is the Utah Pilot Sponsored Resident Immigrant Program Act approved or is it still pending approval?

Carl Shusterman answered on Apr 28, 2018

On March 15th, 2011, Utah Governor Gary Herbert (R) signed into law a package of bills implementing state-level immigration laws. One bill adopted new enforcement provisions, while a series of three bills established a state-based guest worker system.[​ 41]

First, the Utah Pilot...
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1 Answer | Asked in Immigration Law for Utah on

Q: Is a car loan, not making enough money, home country being violent, & loss of job, enough to have a I-601A waiver work?

My wife has DACA, goes to work full time and goes to college. What is the best possible route for her to gain citizenship/ a green card? She applied for DACA at 18. I assume she might get a 10 year ban when she returns to Mexico.

Hector E. Quiroga answered on Apr 9, 2018

You need to see an immigration attorney. While it is likely that your wife has a bar, it might not be 10 years. She might not have one at all.

Your wife started accruing unlawful presence on her 18th birthday. If she got her DACA grant within 180 days of applying, she might not have...
Read more »

1 Answer | Asked in Immigration Law for Utah on

Q: What options do we have if my husband was denied on his I485 application? He is from Australia and we were married here.

We were married outside the 90 day period of a K1 visa (1 week late). That was the reason for denial. The denial letter stated he must leave ASAP. I’m distraught and don’t know what to do.

Hector E. Quiroga answered on Feb 27, 2018

He can travel back to Australia, and you can file an immigrant visa petition for him. It will take about a year for him to come back as an immigrant. You can also file a spouse nonimmigrant petition on his behalf. We suggest you talk with an immigration attorney to see what might work best under... Read more »

2 Answers | Asked in Immigration Law for Utah on

Q: My spouse submited I130 and was approved. He has an I120 and a valid passport, can we travel to Vietnam ?

My husband and i got married last year and we applied for I130 around march. This year i applied for my Naturalization, i am waiting for my interview. However around the summer when i am done with my naturalization we want to travel to his hometown Vietnam. He has a valid F-1 visa, I120 and a valid... Read more »

Kevin L Dixler answered on Feb 13, 2018

Definitely not! Does he even possesses a non-immigrant F-1 student visa? A form I-20, among other documents, allow him to seek an F1 visa at a U.S. Embassy or Consulate. Find out whether and/or which visa foil is in his passport!

The CBP must presume immigrant intent if he has and tries...
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2 Answers | Asked in Criminal Law, Immigration Law, Constitutional Law and International Law for Utah on

Q: Which process would be best? Form I-130 or Form I-485?

My mom illegally entered the United States 20 years ago, and has stayed here since then, I am soon turning 21 in July 2018. Which would be the best course of action without her having to return to the mother land?

Mr Aric M Cramer Sr. answered on Jan 11, 2018

You need to ask an immigration attorney. My practice is limited to criminal defense.

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3 Answers | Asked in Immigration Law for Utah on

Q: Should my husband apply for a USA B-2 visa in Korea or Egypt?

My Egyptian husband is in South Korea with no visa...I want to invite him to the US ...should he apply in Egypt to improve his chances of approval?

Kyndra Mulder answered on Nov 24, 2017

Your husband will not be granted a visa from a third country where he is not present with legal status.

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1 Answer | Asked in Immigration Law for Utah on

Q: my fiancé got pulled over he had no drivers licencse and got a possession of narcotics Hes an immigrant what will happen

Elizabeth Nicole Kozycki answered on Nov 8, 2017

This will depend on two main things. First, what his current immigration status is. Second, what specifically the possession of narcotics charge is.

1 Answer | Asked in Immigration Law for Utah on

Q: I'm on an F1 visa. Is doing a paid medical trials outside of campus constitutes an unauthorized employment?

I haven't done any unauthorized work, but I have done so far one paid medical study for a medical research company. Technically this is not an employment, I'm a volunteer, but I'm getting paid for it . I don't provide services, just my body for medical tests, which I guess could be considered a... Read more »

Hector E. Quiroga answered on Oct 24, 2017

It’s likely, yes. Any type of remuneration beyond what is allowed is suspect. Check with your school’s international student office.

1 Answer | Asked in Criminal Law and Immigration Law for Utah on

Q: My husband hit me but didn't press charges the police officers only gave him a ticket, what happens next?

We need to apply and renew his green card do I just pay off the ticket ?

Mr Aric M Cramer Sr. answered on Sep 30, 2017

If you pay the ticket you will be admitting guilt and that could put him into deportation. Check with an immigration attorney before you act.

1 Answer | Asked in Immigration Law for Utah on

Q: I have a H1B visa till 2019. I switched employer & got new I797. Can I use my valid H1B visa from previous employer?

Was there any recent rule change that made it mandatory to get new visa for employer change?

Roger Carl Algase answered on Jun 20, 2017

There has not been any rule change in that regard. The old H-1B visa stamp can still be used as long as it has not expired.

1 Answer | Asked in Criminal Law and Immigration Law for Utah on

Q: Will Felony Failure to Appear for fingerprintable charge will give me problems with immigration in a green card replacem

I was arrested and charged with a Felony Failure to Appear for fingerprintable charge (statute 17-6-12 GA) for not attending a hearing where I was supposed to show that I had received medical attention for a diagnosis given by a court appointed doctor in a case with felonies. The felonies were... Read more »

Mr Aric M Cramer Sr. answered on Mar 24, 2017

This is an immigration issue, so I would have you contact an immigration attorney. Sorry I can't help you on this.

1 Answer | Asked in Immigration Law for Utah on

Q: Can my friend who is on a tourist visa, apply for a temporary visa to work while she is here for six months?

Kyndra Mulder answered on Mar 17, 2017

No. A visitor visa does not entitle a person to work.

1 Answer | Asked in Immigration Law, International Law and Military Law for Utah on

Q: Will the incident in US affect the K1 I have with my filipina fiancee?

We recently planned a honeymoon to Bolivia and we did it for several months. I waited for my fiancee to arrive to Bolivia after I got there, but she could not board that plane to Bolivia as she had to transit in an airport in USA. Customs at that airport made her fill out a sworn statement, and... Read more »

Kyndra Mulder answered on Feb 28, 2017

The incident may effect her if the government concludes that she was attempting to avoid statutory requirements. However, it sounds like you had documentation to show that this was not the case.

1 Answer | Asked in Immigration Law for Utah on

Q: Hi, I'm an immigrant and my wife is an American citizen, she is in over 100,000$ debt. Can I still file for my residenc

We've been married for some months. She had the debts before we married. I plan on filing for my residency and work permit through her. Is it safe to do so?

Kyndra Mulder answered on Feb 28, 2017

Your wife's debt has nothing to do with your immigration status unless it effects her ability to sponsor you and you need a co sponsor.

1 Answer | Asked in Immigration Law for Utah on

Q: I am a US citizen planning to marry a Filipino in Kuwait. How do we get him here to US after marrying there?

My fiance is from Philippines and currently lives in Kuwait. Our plan is for me to go there in a couple of months and marry him while I am there. I need to know the process to get him here to the U.S. as my husband after we are married.

Matthew J Hartnett answered on Sep 12, 2016

You would file an I-130 petition to start the process. Once the I-130 is approved, you would then file more applications with the National Visa Center to get him an interview at the US consulate abroad. Consider working with an immigration attorney to make this process go as smooth as possible.

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