Dustin R Baxter’s Answers

Dustin R Baxter

Atlanta Immigration Attorney.

Contributor Level 6
  1. If I filed an I130 immigration form for my husband in Guatemala, Do I also have to file an I485 form?

    Answered about 3 years ago.

    1. Dustin R Baxter
    2. Philip Alan Eichorn
    3. F. J. Capriotti III
    3 lawyer answers

    The transfer of the I-130 means that immigration is processing your petition, and may call you in for an interview to determine whether the marriage is valid. This is normal processing. If your husband is in Guatemala, you do not file the I-485. Once the I-130 is approved, you will receive a letter from the National Visa Center requesting additional forms and filing fees. The I-485 is not a form you will need since your husband will undergo consular processing at the consulate in Guatemala.

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  2. Conditional green card and travelling

    Answered about 3 years ago.

    1. David Nabow Soloway
    2. Dustin R Baxter
    3. Stuart Jonas Reich
    4. J Charles Ferrari
    4 lawyer answers

    You should not have any problem returning to the United States after two weeks, assuming that the two-year foreign residence requirement was waived. As a general rule, you only need to worry about returning after extended absences of 6 months or more, but there is no presumption of abandonment of your resident status until you have been outside the U.S. for more than one year.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Is it true that i need to go back to my country, for my US citizen mom to petition me?

    Answered about 3 years ago.

    1. Dustin R Baxter
    2. KiKi Maria Mosley
    3. Neil Ian Fleischer
    4. F. J. Capriotti III
    4 lawyer answers

    The attorney your mom consulted with is correct. You are not able to adjust your status in the United States even though you entered the country with a visa. While most people believe that they are able to adjust if they entered the country legally (as opposed to entry without inspection), that is only the case for immediate relatives of U.S. citizen petitioners. That includes children 21 and under (unmarried) of U.S. citizens, and spouses and parents of U.S. citizens. You would indeed have...

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  4. Can illegal immigrant who is in the process of getting visa ( U visa) file for a divorce in georgia?

    Answered almost 2 years ago.

    1. Dustin R Baxter
    2. Stanley P. Walker
    3. Giacomo Jacques Behar
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    Absolutely! Your immigration status will not have any effect on your ability to divorce your spouse and vice versa. As noted by a previous attorney, Georgia is not particularly immigrant friendly in all cases and you will definitely want to consult with a divorce attorney to make sure you have your documentation in order.

    3 lawyers agreed with this answer

  5. Can i go to the interview in Texas? (instead of Georgia)

    Answered almost 2 years ago.

    1. Dustin R Baxter
    2. Stephen D. Berman
    3. Daniel Patrick Hanlon
    3 lawyer answers

    You or your attorney should contact USCIS in Atlanta via letter and let them know that you have moved. Your letter should include verification of your AR-11 filing. Do this as soon as possible to avoid having to come to Georgia for the interview. Likely, if you do attend your interview in Atlanta, they will tell you that they do not have jurisdiction over your case and end up sending your file to Texas anyway.

    3 lawyers agreed with this answer

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  6. What if my spouse doesn't fulfill the condition of 1-864, then what options we have? Will it go against my green card process?

    Answered almost 2 years ago.

    1. Dustin R Baxter
    2. J Charles Ferrari
    3. Alexus Paul Sham
    3 lawyer answers

    If your wife does not meet the poverty guidelines, you will be permitted to find a cosponsor to take her place. The person does not need to be a relative of either you or her. The only requirement aside from the poverty guideline is that the person be a permanent resident or a U.S. citizen.

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  7. My immigration lawyer keep avoiding me

    Answered almost 2 years ago.

    1. Stephen D. Berman
    2. Daniel Patrick Hanlon
    3. Alexus Paul Sham
    4. Dustin R Baxter
    4 lawyer answers

    I would be concerned as well. If you are not confident that you are in good hands, and your attorney is not responsive, there is no harm in taking your file to another attorney for review.

    3 lawyers agreed with this answer

  8. Hi, is it possible to have a green card application of my own and be added as dependent in the spouse application

    Answered almost 2 years ago.

    1. J Charles Ferrari
    2. Daniel Patrick Hanlon
    3. Alexander M. Ivakhnenko
    4. Dana Roxana Bucin
    5. Dustin R Baxter
    5 lawyer answers

    Yes, you can be added. There generally aren't any issues with having two independent applications for residency pending at one time. Many people who have diferent avenues of obtaining residency file multiple applications to see which comes through first.

    3 lawyers agreed with this answer

  9. Family Visa F4 about to be approved, Do I need to file a pardon before my interview?

    Answered almost 2 years ago.

    1. Kyndra L. Mulder
    2. Dustin R Baxter
    3. J Charles Ferrari
    4. F. J. Capriotti III
    4 lawyer answers

    You will definitely require a waiver, which will be requested at the consular interview. Please note that unless you have a parent or a spouse that is a U.S. citizen or lawful permanent resident, you have no grounds to even submit a waiver and a waiver would therefore be denied. In that case, you would definitely need to wait until 2014 for the interview so you would have served out the 10 year bar you obtained when you departed the U.S. after having remained beyond one year without...

    1 lawyer agreed with this answer

  10. My mom was arrested for dealers tag and no plate number ,she now in immagration hold, what happens if i pay the bond?

    Answered about 3 years ago.

    1. Dustin R Baxter
    2. Alexander M. Ivakhnenko
    3. Karen-Lee Pollak
    3 lawyer answers

    If you pay the bond on the criminal matter, under regulation, immigration has 48 hours to come to place her in immigration custody. If immigration does not come, she must be released from police custody. If they still refuse to release her, call and attorney and seek assistance. Many times immigration will come within the 48 hour window. At that point, you should definitely contact an immigration attorney to discuss the possibility of obtaining an immigration bond.

    1 lawyer agreed with this answer