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Washington Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Washington on
Q: Can I adjust status based on 245i, with I130 approved in '92 after deportation in '91?

My USC husband petitioned for me in '91, I130 was approved in '92. I was deported '91, and reentered in '93 and have remained ever since. Will there be an issue if I try to adjust status based on our 1992 application? Or am I able to adjust even though I was deported in '91 and reentered in '93?

Matthew J Hartnett
Matthew J Hartnett
answered on May 30, 2017

Possibly. The immigration laws were different before IIRIRA passed congress and was signed into law. This occurred in 1996. I would encourage you to consult with an attorney for a complete case evaluation.

1 Answer | Asked in Immigration Law, Civil Rights and Public Benefits for Washington on
Q: hello? my section 8 voucher got denied even though i am an eligible non citizen

is it a civil right law violation?

or under the protected status?

I am under withholding of removal. I have employment authorization card, but Seattle Housing Authority demanded to provide I-94 which i do not have one. I cannot travel outside of US and come back and i don't... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 21, 2017

Your question can not be answered because you have offered no facts.

1 Answer | Asked in Immigration Law for Washington on
Q: I submitted a 485 for my fiancee to get his permanent residence. He is an asylum. He just got finger printed and did all

The steps. We just received a letter stating that his dad is now a US citizen and he can no longer adjust status as the child of a refugee. That we need to fill out the 589 form application for asylum and for withholding of removal before they can proceed.

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 3, 2017

You didn't ask question? I assume you are confused regarding the process.

It is correct that once the primary asylum seeker becomes a USC his derivatives may not longer adjust through him as derivative asylum seekers. There are occasions where it can be done retroactively.

How...
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1 Answer | Asked in Immigration Law for Washington on
Q: I want to know about AOS.

My husband wants to cancel the pending AOS and dissolve the marriage. How do i legally stay in the US?

Kyndra L Mulder
Kyndra L Mulder
answered on Mar 5, 2017

You may qualify to file on your own. Consult with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Washington on
Q: Does my husband have to leave the US while filing for adjustment of status?

We filed for his adjustment of status. I am US citizen, he is on a visitor's visa. He's admitted until March 19. Does he have to leave the country until the process begins?

Kyndra L Mulder
Kyndra L Mulder
answered on Mar 3, 2017

Hema be able to remain in the united States to file. However more information is needed to tell you whether this is the case. Consult with an experienced immigration attorney who will need more facts.

1 Answer | Asked in Immigration Law for Washington on
Q: I have a young lady who is a Swiss citizen currently residing in England. She would like tocome back to the US.

She has a passport and visa. What are her options?

Kyndra L Mulder
Kyndra L Mulder
answered on Feb 28, 2017

Passport from what country and visa for what country? There are a multitude of options. I suggest you consult with an experienced immigration attorney to discuss the options with you.

1 Answer | Asked in Immigration Law for Washington on
Q: If a dreamer wants to travel within the U.S. and has a removal of deportation, can he still travel? He's traveled before

He's traveled to five different places in the US with the former administration. Although protected as of Tuesday, he still wants to make sure traveling within the states is possible with a removal of deportation. Thank you!

Brian Lehman
Brian Lehman
answered on Feb 22, 2017

There is nothing about the President's order that would trigger deportation or removal if someone is traveling within the United States. If he is in removal proceedings, then he is in administrative proceedings to determine his removability under immigration law.

The proceedings are...
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1 Answer | Asked in Immigration Law for Washington on
Q: Wife entered US illegally an I filled I130. She's still currently here . Does she have to leave the states ?

IM active duty military . Does that benefit our case in any way ?

Kyndra L Mulder
Kyndra L Mulder
answered on Feb 4, 2017

Whether she needs to leave or she is eligible for a provisional waiver parol in place or other benefit depends on facts you have not offered. I suggest you consult with an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Washington on
Q: My dad from Korea (green card holder) is coming back to the US. Would there be any problem because of immigration ban?

I heard some legal green card holders have been detained due to Trump's immigration ban... My father is coming to America from Korea, he is a Korean citizen. He also has a still valid reentry permit. Would there be any problems regarding in his return? Is there a chance he can be detained?

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 2, 2017

Korea isn't one of the countries that are subject to "extreme-vetting". He should be fine assuming he hasn't spent too much time outside the USA and assuming he doesn't have criminal issues.

1 Answer | Asked in Immigration Law for Washington on
Q: I have been staying in us more than three and a half years and I just wanted to know can I apply for her citizenship

My ex-husband was a citizen when we got married but now we got a divorced and I just want to know will I be able to apply for the citizenship after three and half years or I have to wait for five years

Kyndra L Mulder
Kyndra L Mulder
answered on Jan 31, 2017

If you are divorced you will have to wait 3 years from the date you receive your 10 year card.

1 Answer | Asked in Immigration Law for Washington on
Q: Can my mom petition for me to get my green card (my visa expired)

I'm an 18 years old international student with a valid I20 but expired F1 visa; my mom is getting her green card in 3 months to become a permanent residents (she married a US citizen), will she be able to petition for me to get a green card then? and if she can, how long would it take for me... View More

Matthew J Hartnett
Matthew J Hartnett
answered on Jan 14, 2017

If your mother was married to her USC husband before you turned 18, her husband can file for you as well. If not, she would be able to file for you as a permanent resident, but you would have to maintain your status (valid I-20). Consider working with an attorney.

1 Answer | Asked in Immigration Law for Washington on
Q: Can my prolonged stay abroad and the fact that I was working abroad be an issue for citizenship?

I am a green card holder and there were no absences over 180 days at a time.

Matthew J Hartnett
Matthew J Hartnett
answered on Jan 8, 2017

That is good that you didn't take any trips of 6 months or more, however, you should also check to see if you have been physically present in the USA for at least 30 months of the last 60 months (5 years).

1 Answer | Asked in Immigration Law for Washington on
Q: Employment Based GC. Prevailing wage & current salary.

my current salary is expected to be less than prevailing wage, so is it ok to wait till wage determination comes and then match as per that. or is it a safe way to raise my salary from now onwards.

Matthew J Hartnett
Matthew J Hartnett
answered on Nov 9, 2016

Salary only needs to be above prevailing wage at the time your green card is approved. Once it's approved, you need to make the prevailing wage.

1 Answer | Asked in Immigration Law for Washington on
Q: Im a u.s citizen how long does it take to fix my husband papers he has no record and hes in mexico. And how do i start.

I recently got married in september and came back to fix my husband papers. He has never been in the u.s and has no criminal record. How long would it take for him to be here with me? And what do i need to start the process

Matthew J Hartnett
Matthew J Hartnett
answered on Oct 4, 2016

First step is to file an I-130 petition for him. That will take 4-6 months. After that you have to file more forms to get an interview at the Consulate in Mexico in order for him to enter the USA. Have either of you been married before? if so, you will also need to provide divorce certificates... View More

1 Answer | Asked in Immigration Law for Washington on
Q: Mom's getting green card on March 2017, Im turning 19 December 2016, will I be able to stay in the F2A group to get GC?

I'm an international student studying in Washington currently, my mom will be getting her green card and become a permanent resident on March next year - 2017, meanwhile I'll be turning 19 on this year's 25 of December; will I be able to stay in the F2A category to get my green card... View More

Matthew J Hartnett
Matthew J Hartnett
answered on Sep 5, 2016

You should be covered by the Child Status Protection Act (CSPA). Do you know how long your I-130 was pending?

1 Answer | Asked in Immigration Law for Washington on
Q: Is there any way for a permanent resident (3 years green card holder) to petition for green card of a parent?

I would like to know if a permanent resident can sponsor a parent before becoming citizen. Any special conditions?

Matthew J Hartnett
Matthew J Hartnett
answered on Aug 26, 2016

Unfortunately no. Permanent residents cannot file for parents. Only citizens. Are you eligible possibly to naturalize early? You might be if you are married to a US citizen.

1 Answer | Asked in Immigration Law for Washington on
Q: How can my parents apply for my sister's citizenship

My parents used to live in India they got there visa and green card in last September but as my sister was 25 yrs old she couldn't get visa n now she is married can my parent's still apply for her green card as she has got married or no?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Aug 2, 2016

Your parents will not be able to apply for your sister for now. They can try after they become U.S. citizens, however India has one of the longest wait times so it might take a few years or even a decade for your sister to get a visa to enter the U.S.

All the best.

-Shan Potts...
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1 Answer | Asked in Immigration Law for Washington on
Q: I would like my niece to come study in America. She already has a passport, what type of visa if any would she need?

I am a american citizen born in the US. Her mother (my sister) is not and would not be traveling with her. My niece thinks it would look good on her resume for colleges. My husband and I have a high enough income to support her.

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

It depends on what kind of course she would like to study. Normally F-1 visa are given to foreign students, please contact an immigration attorney in private to get help with student visa process. If you would like a free consultation feel free to contact my office (323-803-7147).

All the...
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1 Answer | Asked in Immigration Law for Washington on
Q: I have some questions regarding the best and the quickest process to bring my wife here in the USA I

got married few months ago and my wife currently living in Bangladesh. I’ve recently submitted I-130 for her. Since I submitted I-130 already, I guess I don’t have option to submit I-129F (K-1 visa) for here which could have been faster. As I understand that I can still submit I-129f (K-3 visa)... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 13, 2016

Hello,

What is your immigration status? I am assuming you are a U.S. Citizen based on the facts you have provided on your question. For a K-3 visa you would need an attorney to make the case stronger so your spouse's K3 gets approved. K3 processing times abroad will be shorter than K3...
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1 Answer | Asked in Immigration Law for Washington on
Q: Married to immigrant. visitor visa expires in October. Can he live with me or does he have to go back in October?
Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 6, 2016

What is your immigration status? Depending on what your immigration status is, you maybe able to help your spouse stay in the US. Talk to an immigration attorney in private about this matter. If you would like a free consultation feel free to contact my office (323-803-7147).

All the best....
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