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Arturo R Rios
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Arturo Rios’s Answers

47 total


  • I am under removal proceedings and have attended the immigration courts where I have denied all reliefs

    My lawyer appealed to the Board of Appeals and the order of the respondent appeal from the Immigration Jude denial of asylum is dismissed. And the further order is that the record is remanded the immigration judge for further proceedings and the e...

    Arturo’s Answer

    Although your appeal was dismissed, there may have been a motion filed during the appeal, which may have prompted the remand. Your attorney needs to be clear and concise with you and explain what is happening in your case, as it does appear to have its complexities.

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  • My i-130 status has moved from initial review to post decision activity? what does this mean? and what can i expect from now?

    I am a us citizen applying for my husband. i had applied on February 2013 and my status was on initial review, now its moved up to post decision and the site says they have mailed me? mailed me what? should i be prepared or keep things ready in ad...

    Arturo’s Answer

    This means that a decision has been made on your case, and a decision letter mailed to you, which you should receive very soon. If you don't, then I would highly recommend you consult with an experienced immigration lawyer.

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  • I entered the USA with a J-1 visa and I want to get married to a USA citizen what happens next?

    I entered the USA with a J-1 Visa and its like am out of status. But I have a girl friend who is a USA citizen and I want to get married to her. can I get a green card if I get married to her?

    Arturo’s Answer

    That will depend on two things. First, is the marriage a real, true, and loving marriage, and not one just for immigration purposes. Second, does your J-1 visa require you to return to your country for two years (if so, there is a waiver for that requirement).

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  • Im looking for a different type of relief for my husband. He has been in the US since he was 4 months, he is now 37.

    Im looking for a different type of relief for my husband. He has been in the US since he was 4 months, he is now 37. He has a criminal history and won a cancellation of removal in 2000. He is currently facing deportation for purchasing bullets in ...

    Arturo’s Answer

    This is a complex case, but one well worth review by an experienced immigration attorney with a practice focused on deportation defense. The bullets issue may not be a bar to adjustment, but review of the state statute under which he was charged is required, as is a review of the court records for the stolen property. As to aggravated felony, just because the Government says it's one, doesn't necessarily make it so! I would urge you to consult with an experienced immigration litigator as soon as possible.

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  • F1 student visa + I-130 petition

    Hello. While i am a permanent resident just starting to live in USA, my wife will start study with F1 visa (thanks that i didnt file petition before). Now what if i apply I-130, and then F1 visa expires. Can she legally stay in the US or apply for...

    Arturo’s Answer

    This depends on when you got your permanent residence, and if you were already married when you did, as your wife may be eligible for a permanent residence as well. I would urge you to consult with an experienced immigration attorney as soon as possible.

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  • Do I need to apply for EAD along with AOS?

    I'm on F1- visa studying phd in US ( I'm employed as a graduate assistant on campus). I'm applying for adjustment of status in USCIS (via dv lottery) Do I need to apply for EAD (filling I-765 along with I-485)? If I don't, what will I...

    Arturo’s Answer

    Once you get the green card, you will not need work authorization. But, you will need an EAD (work permit) until you do get the green card. As the fee for the work permit is already included in the $1,070.00 filing fee you will pay for your green card application (know as a Form I-485), you ,might as well request it using Form I-765 and filing that for along with the I-485.

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  • E 2 visa substantial investment amount

    My father and I have 50k each to invest in a food business in the US we are both Australian citizens. we also want to bring our wives with us to work with us in the business. Is our 100k enough of a substantial investment to get approved? How muc...

    Arturo’s Answer

    There is no set amount that you are required to invest for an E-2. The test is whether the amount you are investing is substantial for the type of business you are purchasing or establishing. The analysis of whether an investment is substantial truly needs to be done on a case by case basis, and I would recommend you retain an experienced U.S. Immigration Law attorney to help you with these matters.

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  • My wife does not want to put her pay check in our joint account. Would this be a problem to the USCIS for Adjustment of Status?

    My wife is a US Citizen. She is filing for my green card through adjustment of status. We understand that evidence is needed and joint accounts are one good way of showing comingling. For her personal reasons she prefers to have her own account wh...

    Arturo’s Answer

    Although not necessarily a reason for USCIS to deny your case, it does raise a red flag because it begs the question of why a married couple would not trust each other to commingle their finances. You will need to have a valid excuse for this, as it simply seems that there is not enough trust in the marriage to commingle finances.

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  • What are the evidence I need to have to show that my relationship is truly for the visa k1 can be approved ? Examples Thanks

    N/a

    Arturo’s Answer

    You should submit as much evidence as possible to show that you have had a true courtship, such as: pictures together, cards or gifts exchanged, letters and emails, evidence of telephone conversations, and evidence of trips taken by the US citizen abroad to meet and spend time with the foreign fiancée.

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  • Where does an approved I-601A applicant adjust status: at the U.S consulate in his native country or in the local USCIS office?

    Just out of curiosity: when a USC petitions a husband who entered without inspection and the petition is approved and then the I-601A waiver is filed and approved...where does the applicant adjust status: at the U.S consulate in his native country...

    Arturo’s Answer

    He will have to return to his or her country and complete the consular process there. When he or she returns to the United States, they will enter as lawful permanent residents.

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