COVID-19 Immigration Law Q&A by State

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COVID-19 Immigration Law Questions & Answers
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...
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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,...
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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 »

1 Answer | Asked in Immigration Law on
Q: Current U3 visa and dependent of u1 visa trying to see how I can go about reentering the us once the pandemic is done

Visitor

I am the current dependent of a U1 visa so I currently hold a U3 visa. I traveled abroad by myself and was wondering about reentry into the US. My visa does state I am allowed to re-enter however it says that I would need to apply for a U visa or if I have obtained a waiver. I was... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 22, 2020

You are required to have a visa foil (sticker) in your passport, not just an approved I-797 notice from USCIS. If you have an unexpired visa in your passport, then you should be allowed to enter unless you are somehow otherwise inadmissible for reasons unknown, which is unclear, even if arguably... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Im an international student didnt finished my internship contract due to pandemic

The hotel were im taking my internship closed due to pandemic and reopened after few months. I asked my agency here in the US if what can i do so i can continue my and finish my internship but they were asking me for another fee so i can continue it. Can i sue them for that? Its not my fault that i... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 21, 2020

Unlikely that any success will result, Covid is outside of the program's control. If the program is over, through impossibility of the sponsor, then the intern should leave the U.S. otherwise, it is likely that they will fall out of status as a result. This is likely what has happened, but... Read more »

2 Answers | Asked in Immigration Law for California on
Q: B2 visa extension

I am currently on a B2 visa in the US. I entered the US in Feb 2020. At my entry, I was issued an I-94 that was valid for 6 months. I applied for a 6-month extension 45 days before my I-94 expired in June and I received a receipt in early July, I have not received a decision on my I-539 yet.... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

You would be wise not to travel. It is recommended that you do not file another I-539 yet. Wait until USCIS makes a decision on the first one. Please keep in mind that USCIS is likely adjudicating a larger than normal number of I-539s due to noncitizens stranded in the US as a result of COVID-19.

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1 Answer | Asked in Immigration Law for California on
Q: I’m a citizen. My mom and 14 year old brother live in Mexico. Can I petition them together to speed up sibling process

Im 23 year old citizen. My mom came to the U.S illegally and returned voluntarily to Mexico in 2002, no deportation. She’s been in Mexico ever since. I know I can petition her and it’ll be fairly quick process. But she also has my brother who is 14 and he can’t stay in Mexico alone. Is there... Read more »

Mario Musil
Mario Musil answered on Oct 26, 2020

Hello,

You mother would be an immediate relative and you can petition for her and she would not have to wait for visa availability - meaning she could be a green card holder in about a year or so (not considering Covid delays). Your brother however is not an immediate relative to you and...
Read more »

3 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for New York on
Q: Can a traffic related misdemeanor effect my US citizenship application process? I have green card & take final test soon

I’m a green card holder and have my final citizenship interview this month. The misdemeanor was from driving with an expired drivers license and getting rear ended (I’m not at fault for accident), but the officer said if I can renew my license before my court date, it should be able to be... Read more »

Victor M. Feraru
Victor M. Feraru answered on Sep 7, 2020

There's no way of telling whether or not the misdemeanor will effect your immigration status without more details. Also, as far as renewing your license, it's rather straightforward now (make an appointment, or do it online). Consult with a law office who will try to get the ticket... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: Hello, I’m an American citizen and my girlfriend is a Canadian citizen.

My Canadian girlfriend was able to fly into the US amidst the border closure. We are unsure of when it will be that the border opens again and she has been here two months as we’re trying to spend as much time together as possible during these troubling times. We recently decided to look into... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Aug 13, 2020

By using your rights as a Canadian for quick entry, you are telling U.S. immigration officials that your intention in the U.S. is to be a tourist, and to leave, typically within 90 days; though the maximum is six months. That's true even if you get waved through without an interview by an... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My mom has green card(60 Y) . She is stuck outside US due to covid over 180 days. She is high risk. What should she do?

She has heart disease and high blood pressure. Afraid to travel. Do not want to lose her green card. What is the best advise to maintain her green card

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Aug 13, 2020

Hi, the pandemic going on right now and all the reasons you stated above(Age, health) should be sufficient reasons to include in her application for re entry into the U.S. Green card holder can stay outside the U.S for longer than the required 6 months so long as there is a supportable valid reason... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I have my N-400 interview scheduled while I'm traveling abroad. I'll be back two days before the interview.

I found a statement on the notice that I should reschedule my interview if I've traveled outside the US in the past two weeks as part of the covid-19 safety measures. However, I didn't see that on their webpage, only if you're ill or have symptoms. Should I: - Call to reschedule... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 10, 2020

The fact that you’ve travelled will likely come up in databases that keep track of such things, unless you traveled to Canada or Mexico. Under certain circumstances. It is hard to say what you should do, though know that you might get turned away if you show up at the interview and tell staff... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I want to know if someone can file the green card application with an expired passport and expired visa on it?

I remind you that this request is through marriage and my embassy take a long time to renew passport due to COVID-19.

Aman U. Khan
Aman U. Khan answered on Aug 8, 2020

If you're obtaining your green card through consular processing, it is required that you have a valid passport. To obtain a green card, the foreign national is required to enter the Untied States, so with an expired passport, you will not be issued a visa to enter the U.S.

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