Wisconsin Immigration Law Questions & Answers

Q: I have a class a misdemeanor (948.09) does this affect me petition for my fiancé I-130 does this fall into Adams walch

1 Answer | Asked in Criminal Law, Family Law and Immigration Law for Wisconsin on
Answered on Mar 13, 2019
Deron Edward Smallcomb's answer
It's quite possible it will. You should consult an experienced immigration attorney for assistance with this matter.

Q: My Chinese wife says that in order to go to America, she needs to have 50,000 rmb (~$7,300) in a bank account in China

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Mar 2, 2019
Kevin L Dixler's answer
This appears highly questionable. She may have been solicited by a snakehead or scamming organization that engages in the unauthorized practice of law.

I strongly recommend an appointment with a competent and experienced immigration attorney before there are any complications.

Q: I married a Chinese spouse in China a year ago. We want to move to the US, but before doing so, I want to visit during

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Feb 12, 2019
Kelli Y Allen's answer
Technically you could start the spousal visa process now and still apply for a visitor visa. If the visa is granted, there is still no guarantee of admittance by CBP. If you are admitted, as long as you leave on time and still process your immigrant visa through the consulate, there's no problem. As a practical matter, it's likely that a visitor visa will not be approved, but it's fine to apply. Just make sure all information is complete and accurate. I suggest having an immigration...

Q: Q: I am in USA on business visa B1 from last 1 month. Can I marry a USA citizen and apply for status adjustment.

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Feb 9, 2019
Kelli Y Allen's answer
You should definitely contact an immigration attorney for assistance as there are multiple options.

Q: I am in USA on business visa B1 from last 1 month. Can I marry a USA citizen and apply for status adjustment.

2 Answers | Asked in Immigration Law for Wisconsin on
Answered on Feb 7, 2019
Deron Edward Smallcomb's answer
Marrying so quickly, and applying for the Green Card, can be considered visa fraud. USCIS looks at whether it was your intention to be an immigrant on a non-immigrant visa and then acts accordingly. That said, it is possible to do it given the right conditions, though the safe way is to return home after getting married. You should contact an experienced immigration attorney to discuss your options.

Q: Have a green card interview scheduled on Feb 26, I want to postphone due to dental appointment. Is it a good reason

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Jan 31, 2019
Deron Edward Smallcomb's answer
I would not suggest postponing your Green Card interview unless your dental work is medically necessary and cannot be rescheduled. It is not easy to reschedule with USCIS, you can likely have your dental work done anytime by any dentist.

Q: How to get Driver's License extension when on STEM-OPT pending?

1 Answer | Asked in Immigration Law, Gov & Administrative Law and Public Benefits for Wisconsin on
Answered on Dec 28, 2018
Kevin L Dixler's answer
Some of these issues are best considered before a job or internship is accepted in a less immigrant friendly state like Wisconsin. I strongly recommend an appointment with a competent and experienced immigration attorney to consider all of your options. Good luck.

The above is general information, not legal advice, and 'does not' create an attorney client relationship.

Q: Green Card issued in 1973 and SSN benefits out of country

1 Answer | Asked in Immigration Law and Social Security for Wisconsin on
Answered on Dec 28, 2018
Kevin L Dixler's answer
He will never lose his social security number, but he can lose lawful permanent resident status based upon abandonment. His decision to leave the U. S. for more than a year has arguable consequences. The old I-551 cards do not change the law on abandonment. The cards are the property of the U. S. Government. The alien resident card can be confiscated, among other consequences, where there is reason to believe that he abandoned his lawful permanent resident status. His right to collect...

Q: I received a letter from immigration denying my naturalization that was filed in 2016. Need a lawyer to discuss specific

2 Answers | Asked in Immigration Law for Wisconsin on
Answered on Oct 11, 2018
Peter N. Munsing's answer
First, do what you can to stay in and get an honorable. Check with JAG corps on that. For immigration, you want to connect with a member of AILA in Madison.

There is a type of therapy called EMDR that is good for anxiety and any PTS you may have from harassment. If there are support groups for troops that have those issues, formally or informally, might also be a good stress reliever and give you emotional resources. Good luck!

Q: What is the legal definition of an “undocumented alien”?

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Sep 19, 2018
Hector E. Quiroga's answer
The agency probably assumes he is undocumented because you didn’t submit his SS#. If he is a permanent resident, he is a legal alien.

It is hard to say what the agency wants. Your best bet might be to go the office with which you are working or write a letter to explain the situation.

Q: I'm a US citizen who wants to marry my fiance in the US. Fiance is Indian Citizen but is living in Spain illegally.

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Sep 12, 2018
Hector E. Quiroga's answer
Sometimes that is possible, though the fact that your fiancé is not in Spain legally might impact his case. You might try contacting visasmadrid@state.gov to find the answer.

Q: Currently on F1-OPT, have green card approval, Filed for I-485 and I-765 and waiting for both. Can I apply for J visa?

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on May 26, 2018
Carl Shusterman's answer
No. J status will not be granted unless you can demonstrate that you have no intention of remaining permanently in the US. You have already applied for permanent residence in the US.

Q: i just got married and my wife got 2 kids fromprevious marriage how do i apply to bring them here legal

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on May 17, 2018
Carl Shusterman's answer
If you are a US citizen and the kids were under 18 years of age at the time of your marriage to her, file I-130 forms for each of them.

Q: Friend on a green card & just moved here from NY 2 mnths ago. Didn’t know she had to file an AR 11. Any probs filing now

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on May 14, 2018
Carl Shusterman's answer
No problem. She should file her AR-11 as soon as possible.

Q: Hello. I'm in the process to get my green card but my old passport was lost and I don't know how to get my I94.

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on May 12, 2018
Carl Shusterman's answer
You can get your I-94 online at https://i94.cbp.dhs.gov/I94/

Q: My fiancé has a green card and applied for citizenship. Will getting married affect his status?

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on May 10, 2018
Carl Shusterman's answer
No, getting married should not affect his ability to naturalize.

Q: Employment Authorization under DACA.

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on May 10, 2018
Carl Shusterman's answer
He should schedule a legal consultation with an experienced immigration attorney.

Q: I am on F1 CPT but don't want to immigrate, How long will it take to get my EB4

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on May 10, 2018
Carl Shusterman's answer
There is no backlog for India in the EB-4 category for religious workers.

To be eligible for a green card in the religious worker category, you must:Religious Workers

Have been a member of a bona fide non-profit religious denomination for at least two years prior to the filing of form I-360;

Have been working continuously for the past two years immediately prior to filing the immigrant petition: As a religious minister in a religious vocation either professional or...

Q: my daughter is US citizen and need to marry her boy friend ,he has expired student visa.

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Sep 27, 2017
Myron Morales' answer
Once they are married, he can adjust his status to that of a Lawful Permanent Resident with her sponsorship. This is possible, because he entered with inspection, despite that his visa is currently expired. He will receive work authorization while the application is pending, but he should not leave the U.S. if his status has been expired for at least 180 days. He could subject himself to a 3 or 10 year bar to reentry if he leaves under such conditions.

Q: hi can i get green card if i am fhather of litle american citizen?

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Jun 9, 2017
Roger Carl Algase's answer
It sounds as if your wife needs to see a good doctor - and a good immigration lawyer, if she wants you to stay in America to help take care of your child. In order for a US citizen child to sponsor a parent for a green card, the child has to be at least 21 years old.

A long wait, in your case!

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