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COVID-19 Immigration Law Questions & Answers
2 Answers | Asked in Family Law, Immigration Law, Adoption and Child Custody for California on
Q: Can I Adopt My Goddaughter From Mexico if I Have Been Providing for her over 3 Years?

My Goddaughter lives in mexico with her parents, but they had financial problems due to Covid-19 and I have been providing everything she needs during the past few years. Her parents are willing to relenquish her custody to me, but I want to know if I could leagly adopt her and bring her to the US.

James L. Arrasmith
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answered on Aug 27, 2023

Adopting a child from another country involves both the laws of that country and U.S. federal immigration laws. If her parents willingly relinquish custody, you could initiate the international adoption process, which is governed by U.S. Citizenship and Immigration Services (USCIS). Once the... View More

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1 Answer | Asked in Tax Law and Immigration Law for California on
Q: Does Pandemic Unemployment Income Qualify to be listed as part of adjusted gross income on I-864 Part 6. Line 24.a.b.c.?

In addition to the above question: Most Recent Tax Year refers to 2022, 2nd most recent 2021, 3rd most recent 2020, correct?

James L. Arrasmith
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answered on Aug 27, 2023

For the I-864, Affidavit of Support, unemployment income, including Pandemic Unemployment Assistance (PUA), is generally considered as part of your total income and would be part of your adjusted gross income (AGI) as it's reported on your federal tax return. Therefore, it can be listed on... View More

2 Answers | Asked in Immigration Law for Texas on
Q: Do I have to take the COVID 19 vaccine to pass my medical exam? Is there any way to not take it and still get approved?

I don’t take vaccines due to religious beliefs and I don’t personally want to take something that a company isn’t liable for if I have any adverse reactions or death. What are my rights and can I still get my residency?

Monica E Rottermann
Monica E Rottermann
answered on Aug 11, 2023

Several vaccinations, including covid, are required as part of the medical exam (Form I-693). If the requirement for a vaccination would be contrary to your religious beliefs or moral convictions, you would have to submit a Form I-601 waiver. You can read more about the requirements for the... View More

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2 Answers | Asked in Immigration Law for Colorado on
Q: Regarding Form I-751, Petition to Remove Conditions on Residence. Trying to get status from USCIS

Been waiting 18 months now for USCIS to renew my step-daughter's green card. We started the process a few months before it was going to expire. She's now on a 24-month extension because of the pandemic slow-down.

Supposedly a letter was sent last week, but USCIS is saying the USPS... View More

James L. Arrasmith
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answered on Mar 19, 2023

You may submit a written inquiry to USCIS requesting information on the status of your step-daughter's Form I-751 application. There is not a specific form for this type of inquiry, but you should include the following information in your letter:

Your full name and contact information...
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1 Answer | Asked in Immigration Law for Texas on
Q: Does CDC check for proof of vaccination at Immigration at a US airport?

If the airline doesn't require a proof of vaccination to enter the US, would a non-citizen have any issues upon arrival? Is there a CDC check at the airport? There wasn't one a few months back.

Monica E Rottermann
Monica E Rottermann
answered on Jan 18, 2023

Yes, see CDC wesbiste: https://www.cdc.gov/coronavirus/2019-ncov/travelers/international-travel-during-covid19.html#:~:text=Air%20Travel%3A%20All%20non%2DU.S.,this%20requirement%20and%20accepted%20vaccines.

Non-U.S. Citizen, Non-U.S. Immigrants

Proof of Vaccination

REQUIRED...
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2 Answers | Asked in Immigration Law for California on
Q: I filed an I-130 for my husband, but I missed two interviews. The first one because the notice came late.

The second one due to having covid. It took ages to reschedule that second interview. Now they want evidence for why I missed the second one, but I never went to the doctor and don't have evidence. I think it might be faster to withdraw my I-130 and re-apply. Can I do that.?

Al Parsad
Al Parsad
answered on Oct 22, 2022

Was there a concurrent adjustment of status application filed by your husband? If so, withdrawing could be costly both in terms of money and time. If this was a stand-alone I-130 petition, they don’t usually call for interview unless there is an issue with your personal background as the... View More

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1 Answer | Asked in Immigration Law for Hawaii on
Q: Can Canadian citizens leave and return to the US if they are in the process of a visitor visa extension?

I am a Canadian citizen and have been in the US for just over 12 months. I have applied for a visitor visa extension before my 6 months expiration date and was given a biometrics interview, however, at the time my daughter's passport expired and we had COVID and we re-scheduled the... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 1, 2022

There is something odd about this situation. Usually those who file for an I-539 extension are not required to do biometrics. I sense that the wrong form was filed out, but more information is needed!

Canadians usually have a unique relationship with the U.S. The entry is often viewed as...
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1 Answer | Asked in Immigration Law for Oregon on
Q: My wife sponsored me for AOS I-485 in the US but she's now on unemployment, can my income be used for I-864?

I entered the US this time on a B1/B2 visa and I wasn't working at the time I got married to my wife and we filed for Adjustment of Status and EAD in June 2019. She made enough money to complete form I-864 on her own. on August 2019 my EAD got approved and I have been working using that EAD... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Aug 23, 2021

Yes. As long as you are authorized to accept employment your income may be used as household income.

1 Answer | Asked in Immigration Law for California on
Q: My husbands case was sent to NVC. Received 60 day period letter from NVC. Will we be getting interview by end of year?

03/2019 Pardon waiver approved

IR1- both in USA ( I’m a citizen asking for husband)

5/15/2020 Case sent to NVC and completed

5/28/21- received a letter from NVC that our case “ immigrant visa is documentarily complete at the National Visa center ...The next... View More

Agnes Jury
Agnes Jury
answered on Jul 16, 2021

There is no way to know/predict for sure because it depends on how busy the Embassy is and how fast they are working on catching up with their COVID caused backlog. You can call the Embassy where the file was sent to see if they will let you know the date of immigrant visa documentarily qualified... View More

2 Answers | Asked in Immigration Law on
Q: my green card as a parent is in the final stage before interview. my daughter has one more paper to submit.

The RFE asked on March 15 2021 was for a tax paper. I would like to stall the process for a while. How long do i have before i must submit this paper and proceed for the interview and also avoid revokal

The reason is i am winding up and selling my properties which is taking time... View More

Agnes Jury
Agnes Jury
answered on Jul 16, 2021

You should upload the final document within one year from the time of the request for it by NVC. Any further delay may be problematic. But I hope you realize that due to COVID restrictions and backlogs there may be a significant wait between NVC sending your file to the Embassy (once documentarily... View More

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2 Answers | Asked in Immigration Law for New York on
Q: Hello, I had immigration problems with the USA back in 1980. Can I do 1 stop in the US if I need to travel to Canada?

I am a Canadian citizen and stuck where I'm at during covid. In order to go back home to Canada, I must do 1 or 2 stops in the US. I am nervous I might have some problems traveling back to Canada but need to come back home in Canada to visit my doctor and refill my medicine. Back in the 1980s... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Jun 19, 2021

You may be allowed to travel but you may be denied entry to the terminal beyond the boarding area. It is also possible there will be no questions.

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2 Answers | Asked in Immigration Law for Florida on
Q: Waiting on EAD it’s been 10 + month, can I use my Oder Of Supervision document instead to renew DL?

I have a Florida DL for more than 35 years, Had a green card, broke the law and now have an Order of Supervision indefinite. Each year I report to ICE, apply for EAD renew and than get DL. I know the law chances all the time but since COVID. I sent for my EAD back in March 2020, still have not... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Jun 19, 2021

What documents are required in order to renew your license is a question for the DMV. Your EAD may be automatically extended based on USCIS actions taken during COVID. More information is needed. I suggest you consult an experienced immigration attorney or do your own research and/or contact the... View More

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2 Answers | Asked in Immigration Law for California on
Q: My wife on a b/1b/2 visa got married to me a us citizen in California . Can she enter the United States again?

Before the pandemic started I got married to my wife in California. She currently is studying in Mexico and fully employed but I would like her to come visit me after the pandemic border restrictions are over. Can she still enter to the us without any problems? She has her visitors visa still... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Jun 2, 2021

Your wife should carry with her significant documentation to show that she is only coming to the USA to visit and she intends to return to Mexico. Because she is married to a USC their is a presumption that she intends to immigrate and her visitor visa may be cancelled.

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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... View More

Kyndra L Mulder
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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...
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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,... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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...
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