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Wisconsin Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Wisconsin on
Q: Once an I-130 has been accepted, how long do I have to get in the I-864, affidavit of support?

I'm an American citizen trying to sponsor my Chinese wife. We both live in China now, and the only place I can call a "residence" within the US is my Mom's apartment.

Stephen Arnold Black
Stephen Arnold Black answered on Nov 8, 2019

If you are sponsoring your wife and you both are in China, she will have to process at the consulate in China. Retain counsel anywhere in the USA to help you. Some of us charge a very affordable flat Fee.

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1 Answer | Asked in Immigration Law and Civil Rights for Wisconsin on
Q: I’m from the uk my fiancé is an ex felon can I move t the USA

I’m from the uk and looking to marry my fiancé however as he is an ex felon he is not aloud to emigrate to the uk am I able to apply to move to the USA once were married or will it be rejected due to him being an ex felon

Gary Kollin
Gary Kollin answered on Oct 31, 2019

Hos status has nothing to do with whether you can move.

By the way it is "allowed."

2 Answers | Asked in Immigration Law for Wisconsin on
Q: I-130 for my Mother

I am a US Citizen. I filed -130 for my mother who is in the US currently under a B2 Tourist visa. Does she have to leave the US if I don't hear back from USCIS by the time her stay in the US expires (she has a 10 year-visa but can only stay 6 months at a time)?

Stephen Arnold Black
Stephen Arnold Black answered on Sep 28, 2019

Does she wish to reside her permanently? Are you over 21? What was her intent upon entering the USA on her last arrival? More facts are needed to know. Discuss with counsel. Some of us give free consults and counsel anywhere in the US can represent your mom.

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1 Answer | Asked in Immigration Law and Elder Law for Wisconsin on
Q: I live in Belgium and after a few months I will file my file to obtain Belgian nationality. I would like to live in USA

thanks

Denise Anderson
Denise Anderson answered on Jun 25, 2019

There are different immigration options through which an individual can apply to live in the United States. From the information you provided, It cannot be determined if any of the options would be applicable to you.

I would suggest speaking with an immigration attorney, explain the...
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1 Answer | Asked in Immigration Law and International Law for Wisconsin on
Q: I have a domestic abuse RO against me in WI, will this effect international travel or visa applications?

Can i travel out of country or get a foreign visa/permenant residency?

Hector E. Quiroga
Hector E. Quiroga answered on Jun 19, 2019

A restraining order of any kind is not a conviction for a crime. If there is an underlying criminal conviction, that could be an issue. You should speak with an immigration attorney who has experience dealing with the impact of the violation of Wisconsin statutes on immigration status.

3 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I file I-485 and I-130 for my mother separately, or do they need to be completed at the same time?

My mother is in the US as a tourist (B2). I would like to adjust her status and apply for a green card for her. I am a US Citizen. Can I file for Adjustment of Status (I-485) first, then once approved, complete the (I-130)? Or do both forms need to be filed at the same time?

Kevin L Dixler
Kevin L Dixler answered on Jun 16, 2019

No, you must file the I-130, first. Note that there may be reasons to disqualify her from adjustment of status. She cannot work until she has work authorization.

I strongly recommend an appointment with a competent and experienced immigration attorney before filing, so there are not any...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: After a 6 month extension and staying total of 1 yr in us on tourist visa. How can I stay longer ( from Israel)

Person I’m asking for lives in Florida He met a girl dating 2 months falling in love with

Sheri A Benchetrit
Sheri A Benchetrit answered on May 9, 2019

He can ask for another extension but it is likely to be denied as immigration will probably see it as his attempt to live and work in the U.S. (immigrant intent).

1 Answer | Asked in Immigration Law for Wisconsin on
Q: If a b1 visa holder is getting married to a US citizen ,applying for further visa process will the citizen's credit

If a b1 visa holder is getting married to a US citizen and applying for further visa process will the citizen's credit sore and income be considered. He has his tax filed for 30K last year. I guess that is will meet the poverty guide line or will that impact the visa process

Sheri A Benchetrit
Sheri A Benchetrit answered on May 6, 2019

Typically the US citizen's credit score is not considered in terms of whether they are eligible to sponsor their spouse. What is considered is their income during the last tax year (with a W-2 or 1099 to prove it), their current employment and income which can be documented by a letter from an... Read more »

2 Answers | Asked in Immigration Law for Wisconsin on
Q: If my wife is granted a spouse visa, is there a particular window of time in which she has to move to the US?
Deron Edward Smallcomb
Deron Edward Smallcomb answered on Apr 8, 2019

Generally, the visa must be used within 6 months.

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1 Answer | Asked in Criminal Law, Family Law and Immigration Law for Wisconsin on
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

Adams walch act? I am not registered . I did 60 days time , 1 year probation

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 13, 2019

It's quite possible it will. You should consult an experienced immigration attorney for assistance with this matter.

1 Answer | Asked in Immigration Law for Wisconsin on
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

before applying. Is this true? I can't find any info about it.

Kevin L Dixler
Kevin L Dixler answered on Mar 2, 2019

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.

1 Answer | Asked in Immigration Law for Wisconsin on
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

a holiday in August. Can we apply for a tourist visa and a spouse visa at the same time, or can the spouse visa only be applied for afterward? Or will she not be able to travel to the US at all on a travel visa? As a note, I am a native-born US citizen.

Kelli Y Allen
Kelli Y Allen answered on Feb 12, 2019

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.... Read more »

1 Answer | Asked in Immigration Law for Wisconsin on
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.

Can I marry him in USA and apply for conditional GC or should I go back and apply from my home country. I had my h1b visa stamped earlier.(2008 to 2011), but I never used it. Its not that I am getting married immediately but can I get married within in my 6 months of stay.

If that is... Read more »

Kelli Y Allen
Kelli Y Allen answered on Feb 9, 2019

You should definitely contact an immigration attorney for assistance as there are multiple options.

2 Answers | Asked in Immigration Law for Wisconsin on
Q: I am in USA on business visa B1 from last 1 month. Can I marry a USA citizen and apply for status adjustment.

Can I marry him in USA and apply for conditional GC or should I go back and apply from my home country. I had my h1b visa stamped earlier.(2008 to 2011), but I never used it. Its not that I am getting married immediately but can I get married within in my 6 months of stay.

If that is... Read more »

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 7, 2019

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... Read more »

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Have a green card interview scheduled on Feb 26, I want to postphone due to dental appointment. Is it a good reason

I have a appt to pull out four of my teeth, want to know if uscis will consider it a valid reason.

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Jan 31, 2019

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.

1 Answer | Asked in Immigration Law, Gov & Administrative Law and Public Benefits for Wisconsin on
Q: How to get Driver's License extension when on STEM-OPT pending?

Currently on OPT-EAD (Expired in October 2018). Applied for STEM-OPT extension in September 2018. Recently moved to Madison,WI. Out-of-state driver's license expiring in December. Local DMV rejected to renew my driver's license with I-797C Notice of Action(Receipt). Need to commute daily to work.... Read more »

Kevin L Dixler
Kevin L Dixler answered on Dec 28, 2018

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...
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1 Answer | Asked in Immigration Law and Social Security for Wisconsin on
Q: Green Card issued in 1973 and SSN benefits out of country

My father has a greed card issued in 1973. So there is no expiration date. Just prior to 9/11 he left the country and has not returned. He is collecting SSN for the 30 + years he was working in the US.

He was told in casual conversation with a friend that since he has not stepped foot... Read more »

Kevin L Dixler
Kevin L Dixler answered on Dec 28, 2018

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.... Read more »

2 Answers | Asked in Immigration Law for Wisconsin on
Q: I received a letter from immigration denying my naturalization that was filed in 2016. Need a lawyer to discuss specific

I filed for naturalization in 2016 when i enlisted in the army. During the cause of this time I was moved from one military base location to another within the period of 7 months allowing little or no time to provide immigration with documents they had requested at the time. When I returned back to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 11, 2018

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...
Read more »

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: What is the legal definition of an “undocumented alien”?

When applying for government benefits for myself and my children (all citizens,) the agency referred to my husband (a lawful permanent resident) as an “undocumented alien” since we did not submit my husband’s SS number to the agency as we wanted him excluded from the benefits (although his... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 19, 2018

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.

1 Answer | Asked in Immigration Law for Wisconsin on
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.

If I petition for a fiance visa can he receive a visa from Spain without having to go back to india.

Hector E. Quiroga
Hector E. Quiroga answered on Sep 12, 2018

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.

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