Wisconsin Immigration Law Questions & Answers

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 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 Civil Rights, Immigration Law and Native American 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!

Q: Does immigration do background checks on US citizens who are applying for a green card citizenship for their wife

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on May 28, 2017
Roger Carl Algase's answer
The only "background" check that USCIS does on the US citizen sponsor of a green card for his or her spouse is 1) to make sure that the sponsoring US citizen has enough income or assets to meet the financial requirements for signing the required affidavit of support for the spouse; and, 2) that the marriage relationship is genuine. Other than that, the US citizen sponsor can have a court record a mile long and still be eligible to sponsor his or her spouse for a green card.

Q: I was on visit visa and got married with My gf who is US citizen! But we live and share expense with my brother!

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Apr 12, 2017
Kyndra Mulder's answer
As long as you can show your marriage is a legitimate marriage and not entered into in order for you to get your green card you will be fine with the living arrangement.

Q: will I need a second interview after receiving a 221 g

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Feb 13, 2017
Matthew J Hartnett's answer
It depends. But most likely not as long as you can provide the documents being requested.

Q: I am US citizen who married my wife in Jamaica. What is the best option to bring my wife to the US? Affordable lawyers?

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Feb 6, 2017
Matthew J Hartnett's answer
The Trump EO shouldn't slow down the processing of the I-130 petition for a Jamaican citizen. Best way to evaluate your wife's situation would be to discuss in a consultation setting with multiple attorneys and ask for price quotes during the consult. Many immigration attorneys offer free consultations. Pick the one you feel most comfortable with and preferably who is an AILA member (American Immigration Lawyers Association).

Q: I have questions about filling out Form N-600 for my 23 year old daughter who is adopted. Should I consult a lawyer?

1 Answer | Asked in Adoption and Immigration Law for Wisconsin on
Answered on Sep 29, 2016
Matthew J Hartnett's answer
Yes, because you only get one crack at the N-600... meaning if you file it and it gets denied, you won't be able to re-file. Consider working with an immigration attorney to properly prepare the n-600. Another option is to first file to obtain a US passport for your daughter (assuming you believe she is a US citizen), and then the N-600 after obtaining the passport. Have you tried this yet? I would recommend at least discussing with an attorney prior to taking either of these steps.

Q: I am a US citizen. My girlfriend lives outside the US. What is a faster process of bringing her here: fiancé or spous

1 Answer | Asked in Immigration Law for Wisconsin on
Answered on Aug 30, 2016
Matthew J Hartnett's answer
Ultimately, it really depends where you want to get married (in USA or abroad). Does that matter for you? If not, I-130s are being adjudicated very quickly at the present time. Consider doing a consultation with a lawyer to discuss the pluses and minuses of each option. Many of us offer free consultations.

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