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COVID-19 Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Florida on
Q: I-485 Application. We haven't heard from USCIS since August 2020.

I'm a US citizen. I've submitted an I-485 adjustment of status family-based for my wife on August 11, 2020. We've got the I-797C notifying me that process is in course at the National Benefits Center. I haven't heard from USCIS since then. We haven't even gotten the... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on May 7, 2021

Adjustment of Status through a spouse is taking longer than normal since COVID. This is because many offices closed for a while resulting in backlogs.

If your wife has been previously fingerprinted by the USCIS, she may not receive a bio appointment and they are using her previously take...
Read more »

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1 Answer | Asked in Immigration Law for Michigan on
Q: Hi My parents 180 day entry on green card will be done in May.due to Covid in India and health can they travel in July

Both parents are over 70 years with heart and diabetic can they postpone travel till July?

Agnes Jury
Agnes Jury answered on Apr 27, 2021

If your parents want to stay longer than their authorized period right now then they should consider applying to extend their status (form I-539). If they stay longer without permission they will start accruing "unlawful presence" which will have negative consequences for them. However,... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: Not sure how to report address history on adjustment of status paperwork

Im current on H1B status and have been so since October. Prior to that I was on OPT. The issue is that during COVID I flew to stay temporarily with my husband (in a different state) but forgot to report it as an address change. When I switched to the H1B status, I reported an address in my original... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Apr 24, 2021

Write in the addresses that you now remember. Make sure you have both documents and explain what happened at the interview.

1 Answer | Asked in Immigration Law for Michigan on
Q: Extending stay on a visiting visa due to pandemic

My parents are on a visiting visa to the US from India. They got here before the Pandemic started (December 2019) and was not able to travel back once the pandemic started because of their age and the travel risk. We waited for them to get their vaccinations and so had to extend their stay twice.... Read more »

Agnes Jury
Agnes Jury answered on Apr 23, 2021

The biggest risk in applying for a third time is that if your parents have a 10 year visa and their request to extend status is denied then their 10 year visa will be automatically revoked and it may be harder for them to get a new tourist visa in the future. There is no way to predict the odds of... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Will adding a new joint sponsor online to ceac after being documentarily qualified for a while,put us back in line?

Our documents were accepted back in August 2020 and we got the email from NVC saying we are documentarily qualified and that we are in line for an interview . But our joint sponsor died due to Covid recently and I want to add the info of the new joint sponsor to ceac . My concern is will did put us... Read more »

Agnes Jury
Agnes Jury answered on Apr 20, 2021

NVC will review your file once again when they are ready to send your file to the Embassy for interview to request updates of any documents if needed. So if you have your documents uploaded by that time, they will review it and let you know if any additional documents are needed. It should not... Read more »

2 Answers | Asked in Immigration Law for California on
Q: Petitioning my husband but I dont work . Our sponsor died due to Covid . Do I need a new sponsor ? What do I need to do

I am petitioning for my husband . Our I130 got approved last year . We sent all the documents to NVC and have been waiting in line for an interview at the ciudad Juárez consulate . I do not work so my uncle who works and lives in Seattle was our sponsor . He filed out an I864 and submitted... Read more »

Agnes Jury
Agnes Jury answered on Apr 16, 2021

You will need a new sponsor and you should upload the new I-864 to NVC along with proof of income so that NVC can screen the sponsor to make sure his income is sufficient. Your husband can explain the change of sponsors at the interview. Best wishes!

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2 Answers | Asked in Immigration Law for New Jersey on
Q: N 400 Naturalization Interview

Hello, I recently got married in February 2021 In india but I was unable to register the marriage with Indian govt. due to office closures(Covid) . I am a GC holder and had filed my N400 naturalization in dec 2019 when I was single. I have my interrview date in April 2nd week. My wife is in India... Read more »

Adan Vega
Adan Vega answered on Mar 31, 2021

You should confirm whether your marriage in India is a valid marriage. You can contact an attorney in India or the Indian consulate nearest you to verify the validity of your marriage.

Once you confirm that your marriage is in fact valid and lawful then you can present that information at...
Read more »

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1 Answer | Asked in Immigration Law for Michigan on
Q: f1 un till April 2022 student had I130 approved F2b category if chose AOS processing vs Consular can he travel Canada?
Agnes Jury
Agnes Jury answered on Mar 24, 2021

The AOS applicant/student would have to submit an application for Advance Parole (form I-131) at the same time as the AOS and wait until the Advance Parole (i.e. permission to travel) is granted BEFORE travelling outside the U.S.

If the AOS applicant/student travels without Advance Parole...
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1 Answer | Asked in Immigration Law for Kansas on
Q: Immigration question for Venezuelan citizen.

My parents are Venezuelan citizens. They came to the US on a Tourist visa in early Feb of 2020, their goal was a 4 months visit but due to Covid restrictions they were unable to leave as planned and after a few failed attempts they haven't been able to leave the US as of Feb 2021. The last... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Feb 27, 2021

A US citizen adult child can sponsor their parents for green cards provided the parents entered the United States with permission. Parents can still adjust status to get a green card if sponsored by their adult child, despite that they are out of status. However I would advise your parents not to... Read more »

5 Answers | Asked in Immigration Law for Florida on
Q: When can I file the petition for the K1 visa?

I met my girlfriend now fiance back in august 2019, when can I petition for the K1 visa? We have already met twice.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Feb 2, 2021

As the saying goes, "There's no time like the present." - particularly given the requirement that you and your fiancée have met physically at least once during the 2 year period immediately preceding the filing of your Petition for Fiancé(e). Consider scheduling a consultation... Read more »

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1 Answer | Asked in Immigration Law for Connecticut on
Q: Can I apply for Naturalization with a first DUI offense I got in CT 2 years ago.

Legal question. I got my first dui November 2019 in CT-no accident involved. My criminal lawyer said that they will seal the case and wont show up in my record. Because of covid they kept suspending my case until now and the court hasn’t have happened yet. In August 20’ I made 5 years in US... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jan 27, 2021

You will not be granted naturalization with a pending DUI.

even though the case may be sealed and not on your record you must answer yes to the question whether you have ever been arrested and convicted. you must furnish a complete certified c opy of the record to the USCIS.

There...
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4 Answers | Asked in Immigration Law for Florida on
Q: I am a US citizen..My mother have Tourist visa, she is 86 and recently my father died,she is leaving in Ecuador ,

I am planning to get her here to live with me..Can I ask the immigration officer for adjust of status at the port of entrance ? O need to start the petition while she is over there? ..She is alone in Ecuador...my brother and sister can’t take care of her but I am

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Jan 19, 2021

Consider scheduling a consultation with a competent and experienced immigration attorney who can advise you and your mother the proper procedure for immigrating permanently to the U.S. given her intent to do so from outside of the United States. If she has preconceived intent from outside of the... Read more »

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1 Answer | Asked in Immigration Law for California on
Q: USCIS I-751 - pending security checks for months? What could be taking so long? Is it common right now because of covid?

I applied to remove the conditions of my temporary green card early December 2018. (K1 visa in 2016 followed by AOS, both very fast)

On February 20, 2020, it stated my fingerprints were taken (they were taken in April 2019) and a Request for Evidence was sent to us. We replied and it stated... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jan 13, 2021

First:Processing was much faster in 2018.

Second: Depending on the documents requested in the RFE you file may not be considered to have begun processing until the service received the documents requested.

Third: When the case is outside theprocessing time due to background check...
Read more »

2 Answers | Asked in Immigration Law for Oregon on
Q: Can visitors on B1/B2 stay in USA for a maximum of 1 year. If so, are there any relaxations due to COVID.
Kevin L Dixler
Kevin L Dixler answered on Jan 11, 2021

This can be viewed as visa abuse, where you can return. An abused B2 visa may result in review on renewal. Remaining in excess of six months may result in delay at a future primary inspection at an airport, even exclusion from the U.S.

A future admission may be denied based upon the...
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1 Answer | Asked in Immigration Law for California on
Q: 1. Can she apply for OPT EAD while her I-485 AOS is pending? 2. Will this negatively impact the 485 aos application?

Hi,

My wife and I applied for I-130 and I-485 concurrently about 6 months ago. She is on F1 status and will be graduating in Spring 2020. I-130 has been approved so we are currently wait for I 485 approval. 

Due to the current administration and corona virus delays we do not know... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

In essence, your question is can my spouse work while her adjustment of status application, Form I-485, is in process?

Form I-485 is an application that must be filed to register a foreign national’s permanent residence or adjustment of status. As part of the adjustment of status process,...
Read more »

2 Answers | Asked in Divorce and Immigration Law for New York on
Q: I got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 29, 2020

This type of case requires you to retain one of the few attorneys who is experienced in both matrimonial and immigration law. By doing so you have (presuming your facts are accurate) both getting divorced and not having your green card revoked. During this pandemic, you have a choice of either... Read more »

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1 Answer | Asked in Immigration Law for Washington on
Q: How long it will take to get non-usa partner legalize in the country ?

I am a US citizen and I met a Brazilian citizen who came to the country with a visa (B1/B2). I fell for him and I don’t want him to leave country instead I want to marry him.

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Dec 25, 2020

Yes you can marry him as long as it’s 90-120 days after entry otherwise uscis can allege immigration fraud. Before Covid-19 it could take four to six months for approval now it takes about six to nine months. He cannot leave the us during the process until he is issued a travel document. Feel... Read more »

2 Answers | Asked in Immigration Law for Florida on
Q: Visa extension denied, assuming that we get a NTA, can we take voluntary departure before the court hearing?

Hi,

We have just had our visa extension denied and are now out of status unfortunately it is proving really difficult to wrap everything up and arrange exit before the end of the appeal window in the first week of January. Both Christmas and Covid are causing delays but we are trying to... Read more »

Ana S. Mendieta
Ana S. Mendieta answered on Dec 18, 2020

Assuming you get an NTA and a Notice of Hearing before an Immigration Judge, and you can provide for your transportation and fulfil the requirements as required by law [INA § 240B(a)], then the Immigration Judge may grant you a voluntary departure period of not more than 120 days from the time of... Read more »

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3 Answers | Asked in Immigration Law for Florida on
Q: I would like to know if It’s possible to apply for fiancée visa during this Period?
Mario Musil
Mario Musil answered on Dec 10, 2020

Yes, fiance visas are being processed even during the pandemic. There are delays with interviews, but you can get the process started.

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1 Answer | Asked in Divorce and Immigration Law for Nevada on
Q: Legal separation, just separation or divorce before Green card interview?

My wife and I got married more than a year ago after dating a little more than two years. We got tired of not being able to be together all the time since I'm Mexican and she is a US citizen. So, We got married because we loved each other and filed the necessary docs to the USCIS with the help... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 3, 2020

I suggest discussing your situation with an experienced Immigration attorney regarding your green card application. As for the divorce, it appears you are on your wife’s timeline as to when the divorce will occur or become final. In Nevada, a spouse cannot delay or refuse a divorce if the other... Read more »

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