Agape Immigration Law Firm

Immigration Boutique Law Firm

Q&A



Q: My father was released and detained by INS felony is a 245(a)(4). My father is nearly 70 years old and has been a permanent resident with a green card in the US for 30 years. He has been living here for over 35. He has never been out of the country since he's moved here from South Korea. His wife is almost 70 years old, permanent resident and green card holder for over 40 years with known health issues. (Cataracts - so she cannot drive, suffered a brain aneurysm 15 years ago and a stroke 20 years ago). She does not work for obvious reasons and has solely been supported by my father. All three of his children are US citizens.  He took a plea deal of 3 years after pleading no contest. This case was by his former employer who has many cases against her, 7 court recorded cases as her as a defendant.

Attorney's AnswerHire an Attorney. An Attorney may be able to negotiate criminal sentence modification and request a cancellation of removal, or pursue other avenues depending on the entire case. It's better to be safe than be sorry.


Q: Applying for a waiver to process I-751 petition from my country? I am from Colombia and been 3 years and a half married to an american man, he and I have had a lot of problems, I was arrested for domestic violence, but it was a confusing situation because I slapped him and he scratched himself on his face so the police believed him, then it happened 2 more times but I didnt get arrested because police those times realized he did it himself but they couldn't find enough evidence to arrest him, I left to Colombia twice just to give each other some time, and then came back and he agreed but he then told immigration that I had left him and made reports to immigration about me, he is a very aggressive person, very insecure and jealous and that makes him violent, when he drinks its worse, he drinks a lot. It is a complicated situation.

Attorney's Answer: The 3 plausible grounds to apply for a waiver when the USC/LPR spouse refuses to join in the removal of the 2 year condition are: 


I) Extreme hardship based on political or economic condition in Colombia 
2) Divorce 
3) Battery or Extreme Cruelty 

Based on the facts of your case, your strongest ground would be to waive as a result of battery or Extreme Cruelty you were subjected to during your marriage. An Immigration Attorney can definitely help document the abuse/abusive pattern in your relationship. All the best. VAWA may also be a better option, consult with an Attorney.

Q: Does it affect your immigrant status if you are adopted after 21 years old? im an international student f1 in Virginia and my step father lives here, i came last year and he wants to adopt me and i want to know if that changes my visa status, can they give me residence with this, im 22 

Attorney's Answer Your status in the USA will not change if your step father adopts you. Assuming your step father is a USC, he can petition for you to gain LPR in the USA if the adoption took place before your 16th birthday, but you are already 22 years making it impossible to have an immigration benefit through adoption. 

On the other hand, you need to consult with an Immigration Attorney to explore other options, for instance, your step father if a USC may be able to file a petition for you if his marriage to your mum took place before you turned 18 years, also your mum should be able to petition for you if she has acquired US Citizenship already. I wish you all the best.


Q: CSPA calculation.  My father submitted an I-130 petition when I was 20, and it was approved about a year later. At the time, my father was a permanent resident. According to a CSPA calculator, my age froze at age 20 for I-130 purposes and therefore I still qualify for the F2A visa classification (almost no wait time). My concern is that my father became a US citizen after I turned 21 believing that it would only speed up the process. However, my fear is that this might negatively affect my eligibility for CSPA. If CSPA fails to protect my age, then my permanent residency waiting time becomes more than 5 years (F1 status) rather than less than a year (F2A status). Also, I currently have a work permit (EAD) via DACA. Do I still qualify for CSPA?

Attorney's Answer: If your father was an LPR, CSPA calculation would allow you subtract the number of days between your priority date and what your age will be in the first day of the visa bulletin date (date your visa became current). Since, your father has naturalized already, you van still benefit under the CSPA by notifying USCIS in writing that you wish to remain in the F2A category, you have a choice to opt-out of F1 category. All the best.


Q: Removal proceeding and NOID I-130I was put in a removal process while I was in college. Long story short, my wife, girl friend back then, and I got married and filed I-130 and I-485 together. The judge informed me that my removal case would be terminated once my I-130 is approved. We just received I-130 Notice of Intent to Deny. I consulted with a lawyer who said my current lawyer did not file I-130 waiver when I filed my I-130. So she recommended me to file DACA for I am well qualified to terminate the case and start my green card process. The lawyer said she would take my case, but the cost is way beyond our expectation. So I was hoping to learn whether my case could be terminated when I apply for DACA. I graduated from a respectful 4 year college and do not have any misdemeanor. 

Attorney's AnswerWhat does your Attorney mean by I-130 waiver? I assume the I-130 was denied because you failed to establish bona fide marriage to the USC. The only waiver you may need is after your I-130 has been approved, you may need a waiver for I-485 if you are inadmissible on certain grounds. Please, consult with an Immigration Attorney to assist with your NOID.


QHello. I d like to know from an immigration lawyer if my sister, who is already an american citizen, can apply for my citizenship, since I am in Brazil and have a 10 year barred period on me? I ask because the fees are over $1000 and for her to submit the forms and just have an answer saying that I cannot, it would be a waste of money. But if she can, she ll do it right away. God bless you and thank you very much

Attorney's AnswerShe can petition for you to become a LPR, there is a long waiting period for sibling petition depending on when she initiated the process. If she hasn't started the process yet, she can put in the paper work for family petition, but you will have to wait for years before an immigrant visa will become available to you. Once your petition is current, ask your sister to consult with an attorney before your consular processing starts to know if you are eligible for a waiver due to your 10 year bar.  Ask her to consult with an Attorney before proceeding.


Q: Immigration hold for common law spouse of USC: I am a us citizen and we have 2 kids that are us citizen, he entered usa illegally in 2007 and in 2010 he signed a voluntary withdrawal. we are not legally married but been together since 2009. he is in county jail for a misemeanor a.

Attorney's AnswerYou may stop removal depending on number of factors. Consult with an Attorney to help weigh those options, especially since he entered without inspection.


Q: Visiting with a pending I-130? Can my parents enter the US multiple times while their I 130 is in process by using their tourist visa or they need to wait abroad while I 130 is completely approved.

Attorney's Answer: They can visit you with a tourist visa, but if they will be granted entry at US boarder is another question. Visiting visa requires prove of non-immigrant intent, on the other hand, I-130 shows an immigrant intent. Tell them to be prepared to prove their intent to return back after a temporary stay upon their arrival at the airport.


Q:  I have an approve I-130 for F2A. My B2 visa will expire soon. Do I need to stay or go back to my country before my I94 expires? I am married to a LPR, I have filed an extension of stay already but no updates still.

Attorney's AnswerIt's a good thing you filed extension of stay before the expiration of your I-94 because it will prevent you from accruing unlawful presence till a determination is made on your Application. An I-130 by itself can't prevent you from accruing unlawful presence unless an AOS application is filed, but since you're not eligible for AOS yet, you may start to accrue unlawful presence if your extension is denied and I-94 expires. The good thing is you can still Adjust Status when your Immigrant Visa becomes current even if you are out of status as long as your wife naturalizes before your Immigrant Visa becomes current. If it's current while she is a LPR and you are out of status, then you will have to process your visa at a consular in your home country, and 3 year/10 year bar will apply unless you are granted a waiver. Please, consult with an Attorney as soon as a determination is made on the B2 extension to know what your options are.


Q: Can I get married to a U.S citizen, apply for the greencard and complete all this process from a country other then the U.S? I am portuguese and am currently living in Singapore with my boyfriend. I wish to take care of the permanent visa process through marriage at the American Embassy in Singapore.

Attorney's AnswerAbsolutely you can


QMy spouse i130 has been approved so what's the next step shes currently in mexico voluntary departure?.  I received a letter from USCIS saying i130 is approved for my spouse it didn't give me many details on what to expect next besides pay for consular process.

Attorney's AnswerThe next step would be her consular processing in Mexico, once the requested payment is made, you will receive further instructions from NVC on how to proceed. The next stage after payment is the request to send the Affidavit of Support, supporting documents, and fill out DS-260.


Q: Does license expiry date of translator matter for using it now as my document has not been changed since its translation? I have one query about my Birth certificate and Transcript which i have translated and notarized last year. But on the stamp of notary, expiry date of license of translator is 30 December 2013, so can i use that document for now ?

Attorney's AnswerI don't see any reason why you can't use the document, as long as the license of translator was valid at the time of execution, it doesn't matter that it expired after.


Q: My wife's derivative asylum petition has been returned to USCIS by home country US Embassy for reconsideration? What should I do?  Recently, US embassy has returned my I-730 to USCIS indicating my relationship eligiblity has not been clearly established. The letter mentioned USCIS will reviews my case and if it reaffirms, US embassy will reschedule another interview with my wife. If not reaffirms, the petition will be revoked. In the case of reaffirms how long it will take USICS to reaffirms and what are the ways they will take to reaffirm my application. if revoked, is there a way I can file the petiton for my wife through my green card. I have green card now.

Attorney's Answer: Is the US Embassy suggesting that your marriage relationship hasn't been established? If yes, and the petition is revoked, you can still petition for your wife through your green card. Moreover, if you can't establish a bonafide marriage now, then you will certainly have a problem establishing bonafide marriage for your wife's consular processing. It's better to address the problem now because it's going no where.


Q: Am I supposed to voluntarily disclose any conviction at I-485 interview even if such a question was not asked at the interview? I had a conviction (shoplifting convicted as unauthorized use of property, misdemeanor of 4th degree) before I-485 interview but not question about this was asked at the interview. I did not mention this either at the interview (I-485 form was filled out before the offense occurred). Now time's up for me to either renew the green card or apply for naturalization. I consulted some attorneys and some says that I was supposed to voluntarily disclose the conviction at the I-485 interview, but I didn't know this at the time of the interview. I'd like to know if this will be considered as a fraud while I apply for renewal of green card or naturalization? Also I had another conviction of same nature. Both conviction happened over five years ago. What is my option now? Please help.

Attorney's AnswerYes, you ought to have voluntarily disclosed the crime during the interview. Fraud has an element of intent, the act must have been done intentionally. It shouldn't be fraud if you weren't aware that you ought to have disclosed the information, especially if the USCIS officer didn't ask you to report changes in your circumstance since the time you filed your I-485. Based on your criminal record, I will suggest you consult with an Immigration Attorney before renewing your green card or naturalizing, as you will need to prove that you have a Good Moral Character to be able to naturalize.


QI am a conditional US green card holder and I am wondering if I could travel outside the country for an 11 day cruise ? 

Attorney's Answer: I see no reason why you can't travel outside of the country for a cruise unless you have a criminal record that may make you inadmissible at the point of entry. Depending on your country of destination, you may or may not need a visa, you do not need a visa to Canada as a green card holder, while some countries require a visa.


Q: I over Stayed my Student Visa/I-20 in the united states, can i re-entermy I-20 was valid until December/31/2010. when the time came and i did not finish my degree nor i could renew my I-20 due to financial circumstances. I over stayed my visa and stopped attending the College i was enrolled in & moved from my address. my old roommate told me that law enforcements came to the house looking for me and told him i was to be deported (i did not receive a deportation document or appeared in front of an immigration judge) i eventually realized it was impossible to adjust my status and left the US voluntarily in 1st of December 2011. my Qs are: 

how long will i be banned from entering the Us? 
how can I help myself to erase this bad mark on my records? (too young and naive!) 
I also had difficulties with credit cards do i have to sort those first?
Attorney's Answer: Let's get to the first question: "How long will I be banned from entering US?" - I assume you entered the US as a F1 holder with an I-94 that states "D/S", meaning Duration of Status. The moment you violated your F1 status by dropping out of school, you went Out of Status. A F1 holder does not accrue unlawful presence that triggers the 3 year or 10 year bar from entering the US until an Immigration Judge (IJ) or a USCIS officer makes a determination that the F1 student is Out of Status. 

The F1 holder starts accruing unlawful presence from the date that determination is made not from the actual date he/she went out of status. If the F1 holder continues to reside in US for over 6 months from the date of the determination, then he/she will be barred from entering the US for 3 years after departure, and 10 years if he accrues over 1 year of unlawful presence. Also, note that a waiver may be available for a 3 or 10 year bar depending on certain factors. 

I will suggest you look into the Deportation Order mentioned by your friend, based on the fact of this case, I'm confused as to why you should have one without a criminal record. Naturally, DHS don't go after illegal aliens unless they are high priority to them, (for instance, people with criminal record). Ask a relative or friend in the US to check if you actually have a Deportation Order. If you do, you will need the assistance of an Attorney to see if a Waiver may be available to you in order to re-enter the US.

Q:  Filling the I485 I respond YES to the question " have you ever been arrested, cited, charged" I had a nolle prosequi ( never been arrested but was charged ) I got the certified copy from the court. Its ok to make a copy of this certified copy and send it ? Then take the certified copy to the invterview? Or should I send the certified copy with my i485 and I will not have anything else to take to interview regarding the nolle prosequi incident.
Attorney's Answer: It always a good idea to send the certified copy with the I-485, and the same time take another copy for your interview. You may or may not need it for the interview, but it's better to be prepared and take as many documents as possible. Request for more certified copies from your local court.