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COVID-19 Immigration Law Questions & Answers
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... View 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... View More

Hector E. Quiroga
PREMIUM
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... View 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.

1 Answer | Asked in Immigration Law for Missouri on
Q: Is it possible to have an N400 application expedited if my employment depends on it?

My driving license expires in February and my employment is Truck driver. Back in 2014 when my conditional green card was ungraded to full ten year I never actually received that card and when I enquired about its whereabouts I was told the card was no longer traceable. So in February of this year... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Aug 5, 2020

You are an LPR. You need to apply for a replacement card. You will need a current card when it comes time to attend an interview for your NATZ. Once you file for the replacement call the 1 800 number to schedule an info pass at your local USCIS. Take the receipt and other proof that you are an LPR... View More

1 Answer | Asked in Immigration Law on
Q: Hi, I am Green card holder and stacked out of US due to COVID issue, what if I stay more than 180 days outside of USA?

Hi, I am Green card holder and stacked out of US due to COVID issue, what if I stay more than 180 days outside of USA?

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 23, 2020

If your only means of returning to the USA is by AIR and there are not flights available you siotuation is not your fault. However if there are flights available and you choose not to avail yourself of the flights the Covid situation is not going to help you. I suggest you contact your US Consulate... View More

2 Answers | Asked in Immigration Law for Tennessee on
Q: Can my wife travel to US with visitor visa in this current situation?

I am a US citizen trying to bring my wife to US. She has visitor visa. I was wondering if there would be any complication bringing her here. I haven't filled out any immigration application for to get her the green card. I don't know if the US custom boarder would stop her from entering... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 23, 2020

A visitor visa is for the purpose of visitation not to come here permanently. If CPB finds out she is married to you, a US citizen, they may deny her entry because of concealed intent. She has to tell the truth as to what the purpose of her trip is. If she intends to reside permanently here then... View More

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1 Answer | Asked in Immigration Law for Ohio on
Q: How to apply for B2 Visa renewal while staying the USA? Unable to travel back to home country due to COVID-19

Information regarding the B2 Visitor Visa renewal for my mother while staying in the US.

She traveled to the USA in Dec 2019 and she had expected to return to India in May 2020. However, her flights were cancelled due to COVID-19, so I have applied for stay extension (I539 in progress)... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jul 17, 2020

All she can do while she is in the country is extend her status, and she has taken the necessary steps to do that. She can only apply for the visa out of the country. A visa only allows someone to present themselves at the country’s border to request entry. The I-94 is the controlling document... View More

2 Answers | Asked in Immigration Law for Florida on
Q: TN Visa restrictions due to COVID-19?

Im currently working in the US under a TN Visa that will expire in September, I read about the new restrictions for applying to H1B and student visas (among others) but there was no mention regarding TN visas. Do the same restrictions apply or since the TN was not listed its safe to assume its not... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Jul 15, 2020

Consider scheduling a consultation with a competent immigration attorney. Even if TN is not affected by recent executive orders, border closures (Canada/U.S.) and embassy closures, the latter in particular if you are a Mexican in TN status, may make it wise to seek an extension of your TN status... View More

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1 Answer | Asked in Immigration Law for Minnesota on
Q: Hi. I have a question about changing my status and applying for green card based on marriage.

I'm from South Korean and right now I'm in the states with J1 visa participating in Aupair program. I came here in May 2018 and after one year, I extended the program for one more year. So I was going to be done with the program in May 2020 but then Covid19 broke out. So DOS allowed... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 14, 2020

You may remain in the USA and adjust through your USC spouse. Because your adjustment is through a USC immediate relative you will not be charged with any overstay or out of status time.

Your extension remains a lawful status.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Green card holder stuck abroad

Hi

I am a lawful resident that went to visit my family abroad in February and got stuck due to COVID-19. I am nearly 180 days outside the United States and not sure I can be back before they open the airport here. Can I be denied entry back to the states and be considered as abandoning my... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 13, 2020

The US government is well aware of the situation and that many LPR's are victims of the same circumstance. Even so, contact your US consulate and advise them of your situation. Keep a record that you did so. Also keep a record to indicate that you have maintained a residence inside the USA.... View More

1 Answer | Asked in Immigration Law on
Q: Can a legal permanent resident be denied re-entry if she's pregnant and has been abroad for 6 months, 3 weeks?

I'm a legal permanent resident and after finishing my Master’s I came to volunteer in Colombia in June 2019, always returning to the US before the 6 month mark. I was in Colombia from June-Oct 2019, from Nov-Jan 2020 and again since Feb 2020. Internship ended in March, but because of... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 10, 2020

The USBP and government will take the current situation into consideration. As long as you have maintained a residence in the USA and the ovestay outside the USA is out or your control you should have no problem. I do suggest you contact your US Consulate and keep a recod of your communication.

1 Answer | Asked in Immigration Law for California on
Q: Will proclamation that was extended to December 2020 effect my husbands case?

Hello,

My husband had his pardon approved last year and recently we turned in all forms necessary to NVC to get an interview on 4/30/20. On 05/22/2020 we received a letter stating they received requested documents and now he is in the que for a interview appointment. My question is, will... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 8, 2020

No the proclamation does not effect your husband. He is the immediate relative of a USC. What does effect him is that many consulates are not currently holding interviews due to covid and the process is therefore slow recently.

2 Answers | Asked in Immigration Law for Wisconsin on
Q: I am an F-1 overstay. Married to USC. I-130 approved. I-485 is pending. ICE came searching for me and I got NTA.

My Master hearing was canceled due to COVID. What are my chances of receiving benefits such as EAD? I have been married for 4 yrs with an infant. Lived in the USA since 2008.

Liliana Gallelli
Liliana Gallelli
answered on Jul 7, 2020

There are many ways you can qualify for a work permit. One way is if you are eligible for Cancellation of Removal as an application for defense from removal. If you have lived in the US for over 10 years (not more than 90 days absent during those 10 years), if you have "good moral... View More

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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Can a friend live with me while overstaying her visa with a pending exchange/extension in progress?

I have a friend who is here on a Q1 Visa. Due to the virus, she lost her job and is experiencing a hardship and cannot return home. And given the current situation, travel is not advised. I helped her file an exchange of status from Q1 to B2. Unfortunately we did this 5 weeks into an overstay... View More

Kevin L Dixler
Kevin L Dixler
answered on Jul 6, 2020

Why not? There seems to be extreme confusion. The concept of harboring an alien, at law, is terribly misunderstood by the American public! You are allowed to support a friend in her effort to change status.

She filed late, but in doing she may have challenges that were left unexplained to...
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2 Answers | Asked in Immigration Law on
Q: Get a non conditional visa 2 years after the marriage, the petition or the approval of the immigrant visa?

USCIS announced they will furlough most of their staff. That will probably slow the processing of our F2A petition. Besides, there are more COVID cases in the USA than in my home country. In this context, is it a good idea to wait a bit longer to enter the USA late enough to avoid a CONDITIONAL... View More

Adan Vega
Adan Vega
answered on Jun 28, 2020

USCIS may furlough personnel by the beginning of August 2020 if Congress does not provide additional funding. Additionally, USCIS wants to increment the filing fees to bolster their revenue. USCIS has frittered its funds in the past few years with activities and programs that are not entirely... View More

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1 Answer | Asked in Immigration Law for Washington DC on
Q: Is there a new update or exception on green-card holder’s laws for staying abroad during the pandemic time?

If i stay outside of The united states under 6 months should i prepare any proof or document about the traveling purpose?

Ify Princess Ikeakanam
Ify Princess Ikeakanam
answered on Jun 18, 2020

Hi, as of right now, there is no new law regarding long stays outside the U.S.for GC holders. There is no harm in gathering documents regarding your travels. It could come handy when you apply for Naturalization.

Besides, staying outside the U.S for less than 6 months will typically not...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Can I go back to my country without completing my EOS process? I overstayed because of Covid-19.

I overstayed here in America due to Covid-19 but I filed and EOS before the expiration of I-94. I am just worried that I won't be able to comeback here in the U.S. without the EOS decision

Ify Princess Ikeakanam
Ify Princess Ikeakanam
answered on Jun 12, 2020

Hello. Yes, if you have an extension application pending, it is possible to travel without abandoning the application. This is different from Adjustment of status, where leaving the U.S. will result in abandoning the application, resulting in a denial. Moreover, COVID 19 is a worldwide pandemic and... View More

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1 Answer | Asked in Immigration Law for Illinois on
Q: Using medicaid or other health insurance benefits while on a tourist visa and pregnant.

My wife and I came to visit my parents in January, but due to the COVID-19 pandemic, we have been unable to return back to China. I am an American citizen and my wife is a Chinese citizen with a 10 year tourist visa, allowing her to stay six months at one time. She is also soon to be 8 months... View More

Kevin L Dixler
Kevin L Dixler
answered on Jun 11, 2020

Due to current changes in the definition of who is a public charge, such a decision may indefinitely bar her from ever getting an immigrant visa. This, even if she is married to you. The new rules have been challenged in the 7th Circuit which covers Illinois. Yet, the outcome of that case is... View More

1 Answer | Asked in Family Law and Immigration Law for Illinois on
Q: Canadian fiance wants to come to US to marry me, does not ever plan to live in the US. Does he need a K-1?

I'm a US citizen. He's a Canadian citizen. We had hoped for a small ceremony in March, then pandemic. We plan to apply for my PR in Canada and live there.

Kevin L Dixler
Kevin L Dixler
answered on Jun 11, 2020

In general no, but the purpose of his visa can create challenges, because there is a legal presumption that all applicants for admission have immigrant intent. He must overcome that presumption, if challenged. If he identifies the purpose of his visit, the CBP can reasonably presume that he has... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: I applied for my husbad i130 on January 2018,does the immigration ban include him??his case at the NVC

They send an email yesterday saying that they will schedule an appointment for his interview.? Is he allowed to issued a visa??

Kevin L Dixler
Kevin L Dixler
answered on Jun 11, 2020

Yes, all immigrant visas that have yet to process at the consulates are suspended until further notice. However, the suspension can be lifted this month depending upon the discretion of the President. The challenge is that the President can limit interviews based upon the current epidemic, so he... View More

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