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Utah Immigration Law Questions & Answers
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 L Mulder
PREMIUM
Kyndra L 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
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... Read more »

Hector E. Quiroga
PREMIUM
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 ?

Aric M. Cramer
PREMIUM
Aric M. Cramer
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
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 »

Aric M. Cramer
PREMIUM
Aric M. Cramer
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 L Mulder
PREMIUM
Kyndra L 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 L Mulder
PREMIUM
Kyndra L 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 L Mulder
PREMIUM
Kyndra L 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
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.

1 Answer | Asked in Immigration Law for Utah on
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

He has had 3 dui & was deported in the year of 2012.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 26, 2016

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...
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1 Answer | Asked in Immigration Law for Utah on
Q: Can my future wife get F-2 Visa immediately after getting marry in Canada after tourist visa was refused recently?

I am citizen of European Union and have F-1 visa with OPT (started studies few weeks ago). My girlfriend tried to get tourist visa this week and it was refused. Can she go to Canada (we are eligible to visit Canada) next week with me, get marry and get the F-2 visa immediately after the marriage (I... Read more »

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jun 10, 2016

Although your girlfriend can get a F2 visa after marriage it may not be immediate, depending on how many backlogs the Us embassy in Canada has. But if you do get married and apply for your girlfriend's F2 she will be eligible for F2 visa and you are correct the question might come up as to why... Read more »

1 Answer | Asked in Immigration Law for Utah on
Q: What are the consequences of changing my employer with a pending / approved H1B petition?

Hi,

I am an international student on F1 visa and I will be starting my OPT on 1st July, 2016.

I have an offer from company A and they are keen to apply for my H1B visa this April. However, suppose I get an offer from company B in the next few months and my H1B petition with company... Read more »

Shan Dimitris Potts
Shan Dimitris Potts
answered on Feb 17, 2016

Yes you may be able to transfer the H1B, if company B agrees to file your H1B as well. Although it might be a bit too early to file it because you would not have three or more payslips to attach. And yes you can work on OPT for company B if company A does not work out. All the best.

-Shan...
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1 Answer | Asked in Immigration Law for Utah on
Q: My fiancé is in Brazil and would like to come here so we can get married. What is the best way of legal getting him here

We would like to come as soon as we can.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 12, 2016

What is your immigration status? If you are US citizen you can file a fiance petition for your fiance to come here and get married. That is the legal way to get married. If you are not an US citizen he needs to get some other non-immigrant visa to come here to get married, but it is complicated... Read more »

2 Answers | Asked in Immigration Law for Utah on
Q: I was accepted for my green card a year ago. My brother requested me 5 years ago. Can I get a work permit while I wait?

My brother requested me about 5 years ago when I was 18. And I was recently accepted for my green card a year ago. I currently live in the U.S. With a student Visa and I wanted to know if there is any way to get a work permit while I wait since I have been accepted already. Also is there any way to... Read more »

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 8, 2016

1. There is no way to speed up the process.

2. Without knowing which country you are from, it is not possible to say how long it will take. (I suggest checking the visa bulletin)

3. You can get a work permit on a student visa but having an approved I-130 petition does not make you...
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1 Answer | Asked in Immigration Law for Utah on
Q: I want to travel via airplane but my daca has expired though I have been approved already for this year.

I want to travel from Utah to California via airplane. I already filed all my paperwork to renew my daca and been approved. It's just a matter of paying the fees. Can I get deported?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 30, 2015

You will not get deported just because of this reason unless you have a very serious criminal conviction or arrest warrant. There might be a random immigration check but if you take all your papers with you and if you are able to explain your situation properly you should be fine. All the best.... Read more »

2 Answers | Asked in Immigration Law for Utah on
Q: I am a permanent resident in the USA from the UK. What are my options to get my mother her legally?

My father passed away and I am looking to get my mother here, so she is not alone. What are my options? I was here for 4 years on a student visa and then I obtained a permanent residency through marriage and have been married for the last 3 years. I have been in the USA for 7 years.

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Nov 8, 2015

There are questions similar to your situation on our website. You can locate them at http://aba-us.com/other-services/?lang=en. Good luck. www.aba-us.com

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1 Answer | Asked in Immigration Law for Utah on
Q: does my fiance need to file both a I-485 and I-765 (adjustment of status and employment authorization) after we marry?

fiance coming over on K1 visa

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 18, 2015

Yes, he/she might have to file I-130 and I-485 for adjusting status. If your fiance wants to work here also then I-765 is also necessary. All the best.

"15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice,...
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1 Answer | Asked in Immigration Law for Utah on
Q: How can my American daughter migrate to the US with her UK husband

and their two babies,if she has never lived in the US before

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 23, 2015

American daughter but never lived in the US before? Well if she is an american citizen she maybe able to petition for her husband and her kids. The process takes about 6 to 10 months it is wise to let an attorney handle this than to do it on your own. All the best.

"15 years of...
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