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Matthew L. Kolken
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Matthew Kolken’s Answers

117 total


  • Can I entered Canada while undergoing deferred disposition?

    Hello, I am currently undergoing deferred disposition due to the fact that I committed the crime of theft and criminal mischief. I was given the deferred disposition in April but I would like to travel to Canada in the near future, would I be able...

    Matthew’s Answer

    If you are subject to criminal prosecution in the United States it is unlikely that you will be permitted to enter Canada. You need to call a lawyer that is licensed to practice Canadian immigration law.

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  • The Attorney filed my son in law's I130 incorrectly and now he is out of status.

    My daughter is a permanent resident; she married a gentleman a year ago who is here on a student visa. We went to immigration today to file for an adjustment of his status since he received a later showing approval of the i130 since march. The Im...

    Matthew’s Answer

    When your daughter becomes a United States citizen her husband will be an immediate relative and will be immediately eligible to apply for adjustment of status. The issue is whether they will institute removal proceedings against him if he has violated the terms of his student visa.

    Call an experienced immigration lawyer to have the questions answered.

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  • I'm a us permanent resident since January of 2009 married to a us citizen can apply for citizenship???

    The thing is our marriage of 7 years isn't working anymore and we are considering divorce!! Can I became a citizen after I get divorce?? What's the chance of me loosing my recidency?? Would be harder for me to became a citizen after divorce?? Than...

    Matthew’s Answer

    I agree with my colleagues.

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  • I am a resident , If I petitioned for my husband now and he was here in 1987 , is he eligible for 245i ?

    We are married and have children. He entered the country legally in 1987 and never left.

    Matthew’s Answer

    I agree with my colleagues.

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  • How to obtain US residence.?

    I have two passport one from Cuba and the other from Spain . I entered the US with the passport from Spain . But now the visa has expired .

    Matthew’s Answer

    You still may be eligible to apply for adjustment under the Cuban Adjustment Act.

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  • I used an AP with pending I-485 to enter US the I-94 expired in Nov/2012, I want to travel again

    I used an AP with pending I - 485 to enter US the I - 94 in nov 2011 now expired in Nov / 2012 , I want to travel again to India and return using a AP , will it be a problem as the I_94 has expired , do I need to renew it ? I did renew my W...

    Matthew’s Answer

    With a couple of exceptions, if you depart the U.S. while your I-485 is pending, absent a grant of advance parole, your application for adjustment will be abandoned and you will be precluded from entering absent the issuance of a visa.

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  • Am i eligible for a student visa when i have already applied for immigration?

    my sister is a US citizen , and i live in Iran , my sister filed for my immigration in 2008 . i was wondering if i apply for a student visa will i have a chance at getting it or not , since i have already applied for the sibling immigration vi...

    Matthew’s Answer

    • Selected as best answer

    I agree with my colleague. The issue is whether you maintain the requisite nonimmigrant intent (i.e., the intention to depart the U.S. upon completion of your student status).

    If you have substantial ties to Iran it is possible that you may be able to overcome your burden.

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  • Can a child born in the US not have US citizenship?

    I have an unusual immigration question. I am pregnant and expect to have a child in May. I am not a US citizen, I am a permanent resident and not plan on applying for the US citizenship nay time soon. I want my child to be a citizen of my country,...

    Matthew’s Answer

    If your child is born in the United States he/she will automatically acquire citizenship at birth. If your child is born outside the United States he/she may or may not automatically acquire citizenship. It depends on multiple factors including the citizenship of the father, and other residency requirements prior to the child's birth.

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  • Will this effect our k-1 visa application?

    Me and my fiancee got married in September 2012 . However we found out few days after that my divorce from previous husband had not been finalized on the date we thought , and infarct . was not finalized until few weeks after we got married . ...

    Matthew’s Answer

    Your case is extremely complex involving multiple legal issues. I strongly suggest you speak to an experienced immigration lawyer to enable him/her to thoroughly evaluate your case and provide you with a complete answer and strategy.

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  • Do i need an immigrant attorney!?

    Hi ! I really need your help , In an American citizen my husband is from Venezuela , we got married on DEC 2010 in Miami , we separated in march last year , but we filled for divorce in December , his working permit is expired and i no longe...

    Matthew’s Answer

    How did he get his work permit? Through a marriage based petition? Unless you filed an affidavit of support on his behalf you have no further legal obligation to him from an immigration perspective.

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