Skip to main content
Angela Dee Bortel

Angela Bortel’s Answers

165 total

  • Affidavit of support for my husband when i am not working

    i have filed i-130 ,and am quite sure they will ask for the affidavit of support allthough im not working, is there anyway to avoid the affidavit and still recieve him here, or, can my husband , maybe even just a friend present there income for h...

    Angela’s Answer

    Your question is missing some important information, such as your status. Also, we need to know it you filed an I-485 or will your husband be processing through a consulate. This is important information to determine which procedures you need to follow and when you will submit the affidavit of support.

    Generally, it is possible to also have joint sponsors or use the income and/or assets of other household members.

    However, as always, I recommend talking to a qualified immigration attorney about your husband's case to make sure that he is eligible to receive the benefit through you. He may have negative criminal or immigration history that might cause him to be ineligible. It's a good investment in your future.

    See question 
  • If 90 days passed from the interview and no answer what to do?

    my husband apply for adjust my status in usa in 02 2009, we want for an interview in 05 2009 , we did't get an answer but in 01 2012 we went for an other interview still no answer what to do?

    Angela’s Answer

    It's pretty much impossible to give you an answer as to why you have not received a decision on your case.

    I recommend talking to an immigration attorney experienced in handling delayed cases like yours. The attorney can review your case history and may have an idea as to why the case is delayed and why you were called for a second interview. The attorney may have better access to information from USCIS than you.

    The attorney may also be able to advise you about the possibility of filing a case in federal court if your efforts to get a decision in your case have not worked. Of course, filing in federal court is not cheap, but it can lead to a quick resolution in many cases.

    I am attorney admitted to practice in California and Minnesota and I have handled cases like yours.

    See question 
  • What are the chances of getting DHS to join in a motion to open and then terminate?

    My wife was brought to the US when she was 9 months old (in 1987). She has been here ever since. She graduated high school and has some college credits. She has never been arrested or otherrwise in trouble with the law. She and I have been married...

    Angela’s Answer

    I cannot agree enough that you need an experienced removal defense attorney. In absentia orders are tricky and mean that your wife is constantly under the threat of deportation. Filing a new I-130 could trigger Immigration and Customs Enforcement issuing a warrant for your wife's arrest. You need to assess whether your wife has a justification to reopen the order. It is not an automatic process.

    You also need to determine whether your wife would even be eligible to benefit from any I-130 you would file for her. If she is ineligible to adjust status in the US, she will need to consular process. She would likely trigger a 10-year bar on returning to the US once she left. She may have other immigration or criminal issues that would render her inadmissible. Some of those things may be able to be waived. Some may not.

    I hope you understand how complicated this is and that you need an attorney. You need to talk to an attorney to assess the risks and benefits of any particular course of action BEFORE you act.

    See question 
  • What do I need to file my husband for a green card?

    I'm a US citizen and my husband lives in Mexico. we got married over there and he has never come to the US. What do I need in order to file for his green card?

    Angela’s Answer

    I almost always start every answer this way, but you should have a consultation with a reputable immigration attorney to go over your husband's entire history to make sure that he is eligible to come with an immigrant visa. For example, you write that he never came to the US, but did he ever TRY to come to the US? That would be something very important to discuss. It is much better to spend that little bit of money first than to pay money to immigration and find out he is ineligible.

    Once you determine eligibility, it is a two-part process of applying with Immigration in the US and then consular processing in Mexico.

    Good luck to you both.

    See question 
  • I came to US as LPR 10 years in 2001 and in 2006 crime was commited AM i eligible for

    212 h waiver if crime was commited after 5 years is there a diffirent in a time when crime was commitied

    Angela’s Answer

    I agree that you have to talk with an immigration lawyer about your specific case. Depending on the type of crime and the sentence, trying to replace or renew your green card could land you in immigration court.

    This is an important issue not to be addressed in a general way. Please seek out a consultation from a reputable immigration attorney.

    My firm offers consultations by Skype (bortelfirm) and telephone.

    See question 
  • Information about 2-year-home-residency waiver for J2 visa holder

    I am on J1 and my wife is on J2. I recently applied for my 2-year-home-residency waiver in India. Does my wife too need to apply separately for the home residency waiver in India? My wife is not working and she is my dependent here in the US. I wa...

    Angela’s Answer

    To get a complete, accurate opinion, I recommend a consultation with an experienced immigration attorney to make sure that you do not have other outstanding issues that may impact your ability to change or adjust status. Those issues could include unauthorized work, ANY interactions with police in the US, or your immigration history.

    Also, J-1 waivers are far from automatic. There are many grounds for applying. I advise consulting with an attorney to strategize about the waiver.

    See question 
  • Asylum case transferred from San Francisco to Chicago office, still didn't get any interview dates.Please help?

    I am on 2 years student visa.I applied for Asylum recently from San Jose and I was called for the interview on jan 18th.But during my interview, I was told by the officer that my case will be transferred to Chicago as the university in which I stu...

    Angela’s Answer

    • Selected as best answer

    I also recommend that you get an immigration attorney experienced with asylum law to help you. Asylum is very complicated and the cards are really stacked against receiving asylum. Keep in mind that it is much better to win your case at the interview than losing and going to court. Also, your interview creates a record that will influence any hearings you may have in the future in Immigration Court.

    (If one is in status and does not receive asylum, the asylum office typically administratively closes the case and does not transfer to Immigration Court).

    Unfortunately, it will take Chicago sometime to schedule an interview. One month is not excessive for delay.

    You must comply with USCIS requirements for address changes. Be sure that USCIS has your current address. You must file within 10 days of moving.

    I have handled many different types of asylum cases from all over the world. I am available for consultation by SKYPE or telephone.

    See question 
  • Is it illegal if a F1visa student get compensation for participating in a clinical research trial?

    I'm currently going to a public college in Minnesota as an international student with F1visa. I participated in a clinical research trial operated by a private clinical pharmacology company as a subject from end of December, 2011 to January, 2011....

    Angela’s Answer

    The general test for determining whether something is "work" for immigration purposes is very broad. Essentially, anything that someone could be paid for will be considered work by USCIS. I advise talking to an attorney about this before you make any applications for change or extension of status or leave the country.

    See question 
  • WHAT TO ANSWER I-485: Current USCIS Status? and Have you ever applied for permanent resident status in the US?

    Please help! I got married to a US citizen last October. My tourist visa expired in November, but my I-94 does not expire until April. What should I put for Current USCIS Status? The other question I am not sure about is: “Have you ever appl...

    Angela’s Answer

    I want to encourage you to seek the advice of an attorney about your case to make sure that you are aware of any risks associated with your application. Depending on the date you entered, USCIS may inquire into how you got your visa, your intent when you got the visa, what you told the officers at the consulate and at the airport, etc.

    It is important to remember that getting legal permanent residence is ultimately discretionary, which means that USCIS can consider many different factors in deciding to grant or deny your case.

    Also, if you have not filed an I-485 or for an immigrant visa in connection with your brother's I-130, then you have not filed for permanent residence before.

    No application to USCIS is risk-free and the denial of an application for legal permanent residence can lead to removal proceedings. You should talk to an experienced immigration attorney to assess any potential problems BEFORE you file.

    See question 
  • My husband is illegal what can i do to fix his papers

    me and my husband got married 8 months ago we want to get his papers together but i dnt knw what would be best because he had an attorney working on his papers like 7 years ago and i called and now he wants to charge him like 1,500 to reopen his c...

    Angela’s Answer

    Immigration law is very complex and always changing. You and your husband need to consult with a reputable immigration attorney to find out what options, if any, you have and the risks and benefits of the options. Your husband has a long history of being in the US without status. He may have a history that will prevent him from adjusting status if you sponsor him, so you should talk to an experienced, reputable attorney to find out whether you can sponsor him.

    See question