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COVID-19 Immigration Law Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read more »

Kyndra L Mulder
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... Read more »

Kyndra L Mulder
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... Read 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... Read more »

Kyndra L Mulder
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... 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...
Read more »

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...
Read more »

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...
Read more »

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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 »

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