Lawyers, Answer Questions  & Get Points Log In

Wisconsin Immigration Law Questions & Answers

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 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 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 answered on Apr 8, 2019

Generally, the visa must be used within 6 months.

View More Answers

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 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 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 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 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 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 »

View More Answers

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 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 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...
Read more »

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 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 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 »

View More Answers

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 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 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.

1 Answer | Asked in Immigration Law for Wisconsin on

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?

Hi, thank you for your time in answering my question.

My F1-OPT is expiring soon. I have green card approval, but waiting for I-765 and I-485, which both are taking sooo long now. I'm afraid my F1-OPT expires before I get my EAD card (for green card). My employer is asking me to apply for J... Read more »

Carl Shusterman answered on May 26, 2018

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.

1 Answer | Asked in Immigration Law for Wisconsin on

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

Carl Shusterman answered on May 17, 2018

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.

1 Answer | Asked in Immigration Law for Wisconsin on

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

Friend is on a green card & just moved here for work from NY 2 months ago. She didn’t know that she had to file an AR 11 after moving. While searching online for how long she can be out of the country (she wanted to go visit her family back home in india), she found out that sheets supposed to... Read more »

Carl Shusterman answered on May 14, 2018

No problem. She should file her AR-11 as soon as possible.

1 Answer | Asked in Immigration Law for Wisconsin on

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.

Carl Shusterman answered on May 12, 2018

You can get your I-94 online at https://i94.cbp.dhs.gov/I94/

1 Answer | Asked in Immigration Law for Wisconsin on

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

My fiancé has a green card. He applied for his citizenship and has already done the biometrics. He is just waiting for a letter to take the test. If we got married in the meantime will it affect his application?

Carl Shusterman answered on May 10, 2018

No, getting married should not affect his ability to naturalize.

1 Answer | Asked in Immigration Law for Wisconsin on

Q: Employment Authorization under DACA.

I have an employee who has been in the US since he was 4 and was issued an Employment Authorization Card through DACA. His card has been suspended since he has a misdemeanor due to the regulation changes. What can he do to obtain authorization to stay here and work? He's a great employee!

Carl Shusterman answered on May 10, 2018

He should schedule a legal consultation with an experienced immigration attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.