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Wisconsin Immigration Law Questions & Answers
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
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
Carl Shusterman
answered on May 10, 2018

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

1 Answer | Asked in Immigration Law for Wisconsin on
Q: I am on F1 CPT but don't want to immigrate, How long will it take to get my EB4

I am on F1 CPT but don't want to immigrate, I am a resident of Wisconsin and got my PhD from 1995 to 1998 from UW Madison, I came back in 2013 to do my MS and graduated in 2017 December, I want to apply for EB4, I have registered a non profit new age religious and ecological organisation in... View More

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

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...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: my daughter is US citizen and need to marry her boy friend ,he has expired student visa.
Myron Morales
Myron Morales
answered on Sep 27, 2017

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... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: hi can i get green card if i am fhather of litle american citizen?

my wife has mental problems like anxiety and depression and bipolarity is pregnant does not intend to sponsor me the green card the baby will be American citizen. I am Italian how do I stay to care for my little one - how can I stay in america?

Roger Carl Algase
Roger Carl Algase
answered on Jun 9, 2017

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!

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Does immigration do background checks on US citizens who are applying for a green card citizenship for their wife
Roger Carl Algase
Roger Carl Algase
answered on May 28, 2017

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,... View More

1 Answer | Asked in Immigration Law for Wisconsin on
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!

Is it effect my case for filling green card application. Or do we have to get our separate place?

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Apr 12, 2017

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.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: will I need a second interview after receiving a 221 g

attended 1st interview Jan 19 was given a 221 g I submitted the additional documents,,,,, on Feb 13 I was asked again for additional document another 221 g was attached,,will I need to have another interview?

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 13, 2017

It depends. But most likely not as long as you can provide the documents being requested.

1 Answer | Asked in Immigration Law for Wisconsin on
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?

What is the avg. fee rate from start to finish? To understand the process. Is the green card the same as spouse visa? Is there any who applied for Visa has the process slowed down because of Trump's new executive order?

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 6, 2017

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... View More

1 Answer | Asked in Adoption and Immigration Law for Wisconsin on
Q: I have questions about filling out Form N-600 for my 23 year old daughter who is adopted. Should I consult a lawyer?
Matthew J Hartnett
Matthew J Hartnett
answered on Sep 29, 2016

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... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: I am a US citizen. My girlfriend lives outside the US. What is a faster process of bringing her here: fiancé or spous

What is the faster of the two: marry her in her country and apply for a spouse or apply for a fiancé visa and marry in the US later? Can I apply for either visa in any state or my state of residence only? Thank you.

Matthew J Hartnett
Matthew J Hartnett
answered on Aug 30, 2016

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... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: I sponsored my step child and on green card it says we will have to do I90 for in year. If she is living out of country

I sponsored my step child and on green card it says we will have to do I90 for in year. If she is living out of country will she still be eligible? She only lived her 5 months.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jun 14, 2016

I90 is a renewal for your step daughter's green card, depending on the conditions on the green card it would not be in her best interest if she stayed out of the country for more than 6 months in a year. Please talk to an immigration attorney in private via email or phone to find out what the... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: F1 to Green card

My boyfriend and I leave in different states in the USA(I live in WI and he lives in CA). I arrived in the USA with a J-1 visa and changed my status to a F1 visa, I've been going to school for 2 semesters, but we're planning on getting married. Although, I would like to live with him for... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jun 7, 2016

1. It is a good idea to spend time with your boyfriend before getting married if you just met him recently or if you met online, and you should talk to DSO in your school to figure out how you can do that without losing your visa.

2. No, getting married after joining the air forces will...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: I am a holder of R1 visa, which is expiring in November.

My husband and I live separately already since many years

(European marriage) and would like to get divorced soon.

I am aware that the waiting times in Wisconsin for that purpose are

extensive and would like to know if there is any grace period after my

visa... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Mar 8, 2016

Nonimmigrant temporary workers ( on R-1) do not receive any grace period . They are expected to depart the U.S. when their authorized purpose has ended. That said, there is a provision that permits a nonimmigrant in the U.S. to file an untimely extension request. Many immigration attorneys... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: How can i get an f-1 visa if i am an immigrant?

I am a 16 year old immigrant living in the united states since i was five years old. I've been thinking about what i'm going to do after high school (I am a sophomore in high school at the moment). I want to get into college but it is to my understanding that i need an f-1 visa. How do i... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Mar 3, 2016

Do you currently have a green card?

1 Answer | Asked in DUI / DWI, Immigration Law and Juvenile Law for Wisconsin on
Q: If applying for a fiancé visa do I need to report these on the application and would it cause a refusal?

I received two underage drinking tickets and a DUI (stupid mistakes all over 5 years ago.) so I'm wondering when it asked if you've been convicted of a crime more than 3 times related to alcohol on the application would I need to disclose all of this. And would this cause issues/refusal?... View More

Brendan Lee McAvoy
Brendan Lee McAvoy
answered on Feb 23, 2016

Your question needs more detail. Was the DUI in Wisconsin? Generally, the OWI 1st is not a misdemeanor, although depending on the severity of the crime this may not be the case. Tickets are generally municipal forfeitures and not criminal convictions. If you are unsure on the results of your... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: What process does my friend need to go through in order to work here?

I am asking on behalf of a friend -- she wants to be able to work in the US. Her mother was born on a US air force base in Greece and was a US citizen by birth, she later then moved to Greece and grew up there and eventually married her husband who is not a US citizen. she later had a child who is... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Feb 21, 2016

You should sit down with an experienced immigration attorney, who will investigate the facts and the citizenship law in the year 1995 to provide you with the best advice. Good luck. www.aba-us.com

1 Answer | Asked in Immigration Law for Wisconsin on
Q: I am currently visiting my fiancé in the US. I have gone past my stay. Will my visa be cancelled for future use?

My visa is valid till 2025. And my stay expired in November.

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Feb 21, 2016

You are violating the immigration law of the USA when you overstay your visa authorization.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: f1 reinstatement denied on 9/1/15 & i applied for i-290b. I got denied on 12/1/15 when will my unlawful presence start?

will it start from 9/1/15? or 12/1/15??

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Jan 6, 2016

The unlawful presence started when your F1 expired

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Can she continue staying in the US after marriage when her stay expired?

A Vietnamese entered US as a visitor. She got married to a US citizen. They already established a marriage certificate. Afterward, they applied forms: I-130, I-485, and I-693. However, her stay passed 5-month beyond her expiry date. Can she continue staying to wait for the result to become a legal... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Oct 21, 2015

If the I-485 is already filed, YES. She can wait here until she gets a decision. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility...
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