Utah Immigration Law Questions & Answers

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

1 Answer | Asked in Immigration Law and International Law for Utah on
Answered on Nov 13, 2018
Hector E. Quiroga's answer
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 employment, residence, family, assets, etc. Being married to a USC spouse carries a great deal of weight when determining if someone will remain in the US or not, so your fiancé/spouse will really want to...

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

1 Answer | Asked in Immigration Law for Utah on
Answered on Sep 4, 2018
Hector E. Quiroga's answer
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.

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

1 Answer | Asked in Immigration Law for Utah on
Answered on Jun 8, 2018
Carl Shusterman's answer
Since you waited until you had a green card for 5 years, you can naturalize whether you stay married or get divorced.

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

1 Answer | Asked in Immigration Law and Divorce for Utah on
Answered on Apr 28, 2018
Carl Shusterman's answer
Since your wife is sponsoring you for a green card, it is required that both of you attend the interview.

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

1 Answer | Asked in Immigration Law for Utah on
Answered on Apr 28, 2018
Carl Shusterman's answer
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 Sponsored Resident Immigrant Program Act allowed Utah citizens the right to sponsor foreigners to live, work, and study in the state by assuming financial responsibility for any liabilities the resident...

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

1 Answer | Asked in Immigration Law for Utah on
Answered on Apr 9, 2018
Hector E. Quiroga's answer
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 accrued enough to have to file a waiver.

If she does need a waiver, she will have to show that you will suffer extreme hardship if her application for one is not granted. Waiver applications are...

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

1 Answer | Asked in Immigration Law for Utah on
Answered on Feb 27, 2018
Hector E. Quiroga's answer
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 the circumstances.

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

2 Answers | Asked in Immigration Law for Utah on
Answered on Feb 13, 2018
Kevin L Dixler's answer
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 to use an F1 visa. He is married to a lawful permanent resident seeking naturalization. As a result, he will not overcome the presumption of immigrant intent for the purposes of the visit.

This...

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

2 Answers | Asked in Criminal Law, Immigration Law, Constitutional Law and International Law for Utah on
Answered on Jan 11, 2018
Mr Aric M Cramer Sr.'s answer
You need to ask an immigration attorney. My practice is limited to criminal defense.

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

3 Answers | Asked in Immigration Law for Utah on
Answered on Nov 24, 2017
Kyndra Mulder's answer
Your husband will not be granted a visa from a third country where he is not present with legal status.

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

1 Answer | Asked in Immigration Law for Utah on
Answered on Nov 8, 2017
Elizabeth Nicole Kozycki's answer
This will depend on two main things. First, what his current immigration status is. Second, what specifically the possession of narcotics charge is.

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

1 Answer | Asked in Immigration Law for Utah on
Answered on Oct 24, 2017
Hector E. Quiroga's answer
It’s likely, yes. Any type of remuneration beyond what is allowed is suspect. Check with your school’s international student office.

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

1 Answer | Asked in Criminal Law and Immigration Law for Utah on
Answered on Sep 30, 2017
Mr Aric M Cramer Sr.'s answer
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.

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

1 Answer | Asked in Immigration Law for Utah on
Answered on Jun 20, 2017
Roger Carl Algase's answer
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.

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

1 Answer | Asked in Criminal Law and Immigration Law for Utah on
Answered on Mar 24, 2017
Mr Aric M Cramer Sr.'s answer
This is an immigration issue, so I would have you contact an immigration attorney. Sorry I can't help you on this.

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

1 Answer | Asked in Immigration Law for Utah on
Answered on Mar 17, 2017
Kyndra Mulder's answer
No. A visitor visa does not entitle a person to work.

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

1 Answer | Asked in Immigration Law, International Law and Military Law for Utah on
Answered on Feb 28, 2017
Kyndra Mulder's answer
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.

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

1 Answer | Asked in Immigration Law for Utah on
Answered on Feb 28, 2017
Kyndra Mulder's answer
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.

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

1 Answer | Asked in Immigration Law for Utah on
Answered on Sep 12, 2016
Matthew J Hartnett's answer
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.

Q: I am a US citizen my husband is in jail for 62 days, waiting on deportation, is there any possibility to fix him papers

1 Answer | Asked in Immigration Law for Utah on
Answered on Jul 26, 2016
Shan Dimitris Potts' answer
There are some options if you are an U.S. citizen to get a waiver for your spouse, please contact an immigration attorney in private to discuss the possible options. If you would like a free consultation feel free to contact my office (323-803-7147).

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in...

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