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Kevin Lawrence Dixler

Kevin Dixler’s Answers

6,411 total


  • If I file I-130 for my wife(non US citizen) living abroad does she need to file I-485 as well. I am a US citizen

    She will have her Interview in US Embassy abroad once the I-130 is approved.

    Kevin’s Answer

    I agree. You will not need to file a form I – 485. This is a three-step process. The visa petition must be processed through USCIS. Once completed, additional fees and electronic forms, along with evidence, need to be presented to the State Department. If complete, the State Department will eventually transfer the material to US Embassy or Consulate for further processing and an interview.

    This is complicated and can prove to be a frustrating process. Therefore, many people choose to hire a competent and experienced immigration attorney to assist them in their loved ones. Good luck.

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  • I have applied for TPS (Nepal), I am working under EAD through pending asylum, I What will happen if I fall out of my F-1 status

    At this point I feel like I cannot afford F1 status, what will happen to my Asylum and TPS if I fall out of status?

    Kevin’s Answer

    If you have TPS, and filed it before the asylum claim, when you were in lawful status, or perhaps if you fell out of status and live in some areas of the U.S., then you may be able to consider other significant permanent options after a year of TPS. I strongly recommend an appointment with a competent and experienced immigration attorney, who can spend enough time to review the situation and explain.

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  • For my PR application could I use my self as a joint sponsor together with my wife on form I-864 to meet income requirements.

    I'm in the process of filing my permanent residency paperwork through marriage. for form I-864 my wife will sponsor me, however she does not make enough to meet the income requirement do that, therefore could I put my self as a joint sponsor for ...

    Kevin’s Answer

    If you are unlawfully present or an overstay, then you are 'not' lawfully employed, so the USCIS must ignore your income. You will likely need a joint sponsor. Good luck.

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  • How to obtain Advance Parole for asylees? What kind of documents do I have to submit along with my I-131 Form?

    I lost my status in 2010 since I have pending asylum status and my individual court is scheduled for 2020. I am planning to get married and have wedding ceremony in my fiance's home country. Am i eligible to file I-131 Form, what documents do I h...

    Kevin’s Answer

    Listen to your attorney. If you leave the U. S. while you are in Immigration Court proceedings, then you self deport yourself and should 'not' be allowed to enter the U. S. at any airport. You must wait for your asylum hearing, a favorable decision, and a re-entry permit or consider other options in the United States.

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  • Status adjustment for my husband....

    I'm a legal resident who wants to adjust status for my husband. He came to this country illegally from Mexico in 2006. He has never left the county after that. He has no criminal record, never been in trouble before. No one has ever submitted any ...

    Kevin’s Answer

    You will need to be careful and expect the attorney who charges less to do less. This may prove upsetting. That said, you should become a naturalized U. S. Citizen, because the visa will become immediately available once the petition is approved. If you remain a green card holder, then you may have to wait years for the visa to be available for processing.

    For more information, consider an appointment with a competent and experienced immigration attorney, who has the time to explain the process. Good luck.

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  • OPT approved, but no card production after 3 weeks. What to do?

    Hi, I got my post completion OPT approved back in May but they made a mistake with my expiration data (gave me 6 months too long). I sent it back to get it fixed in early June. On the 7th of July it was approved and I got the approval notice in ...

    Kevin’s Answer

    I agree, but its unclear whether a follow up call will be required given the urgency. You may want to find a competent attorney who can more directly access the regional processing center, the liaisons, or the Ombudsman.

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  • When is the right time apply for J1 waiver?

    Currently I am on F1 visa. Before that I was on J1 with 2 yr residency requirement. I went back home and switch it to F1. I will be graduating soon, so I am wondering when should i apply for my waiver. During my OPT or right now?

    Kevin’s Answer

    More information is needed. You can accumulate time outside of the U. S. since your last departure in J1 status. How much time have you spent outside the U. S.? In addition, what type of I-612 waiver can you seek? Some are barred from a "no objection" type waiver. This is the type of question that can require a bit more time to explore.

    I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, who can take the enough time to review the situation and explain your options to your satisfaction. Good luck.

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  • Citizenship

    My son was born in US and become US citizen now my wife get italian citizenship through naturalization and my son will get italian citizenship to because he is a minor .By doing this does he putts his US citizenship in danger? and if not how many ...

    Kevin’s Answer

    There is no such thing as dual citizenship. The U. S. does not recognize it. In the 1970s, a case known as Fiallo v. Bell confirmes that it is the last act that determines whether a child retains U. S. Citizen. If a parent seeks Italian Citizenship for a Child under 18, then the child may lose his or her citizenship as a matter of law.

    As a matter of discretion, some will take risks with their children. The child can re-affirm that they want to be a U. S. Citizen at or before 18 years of age. The parent can also seek that the Child's U. S. Passport is regularly updated to show confusion about whether the parent wanted the child to be an Italian Citizen.

    Again, if a child enters the U. S., or any other country, with a U. S. Passport, then the Child will be considered a U. S. Citizen. If a child enters another country as an Italian, then the Country where the child is located can consider the child or person to be Italian and has the right to ignore the U. S. Diplomatic Corp and any requests made on behalf of the U. S. Government.

    It is wise to review all consequences of these acts with a competent and experienced immigration attorney before decisions about seeking Citizenship in another country are made. There may be tax consequences, as well. Good luck.

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  • When a person applied for the US permanent residence through marriage which is no longer in good shape! What should we do?

    I'm an American citizen, we got married on 4/2012 in NYC. My wife got her temporary card by 12/2012. on 12/2014 we applied for the permanent one and got her fingerprints done, we submitted home bills, pictures, auto insurance, income taxes (all in...

    Kevin’s Answer

    You may want to hire a competent and experienced immigration attorney before the USCIS gets confused. A competent attorney can suggest appropriate documents that you may have or can secure that will help prove that you both entered into the marriage, because you were in love with each other.

    You are required to tell the truth. He can convert the joint petition into a self petition. If you entered the marriage in good faith, but it is no longer working out, then you should be at the interview to let USCIS know, even if you divorce your wife or she divorces you. Good luck.

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  • Can an individual in the United States on an H1-B visa start a business?

    I am working with someone who is in the United States on an H1-B visa. He has also applied for a green card, but that is in process. He would like to start a business part-time for additional income. He plans to remain with his current employer--t...

    Kevin’s Answer

    A passive investment is just that; 'hands off!' That means that he cannot do any work for the start up company, which is likely not what he wants to do. He is much better off investing in a stock that is listed with NYSE or NASDAQ. If he engages in any other work, other than work for his H1b employer, then he is living and working without a proper visa. If discovered, he will be deemed out of status, and can be deported or possibly disqualified from adjustment of status.

    This is a mistake that carries significant risks, upon discovery. He is violating the terms of his status by engaging in work for a start up corporation that is not authorized by his H1-b visa.

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