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Kevin Lawrence Dixler

Kevin Dixler’s Answers

6,268 total


  • I passed my citizenship exam on MAY 2015 but no decision was made..

    I passed my citizenship exam on MAY 2015 but no decision was made instantly. They said they will email within two weeks but its already been a month but i haven't got my oath letter yet. I had one misdemeanor but that was expunged. I mentioned tha...

    Kevin’s Answer

    The US CI S has 120 days to make a decision. If it does not make a decision, then you may petition the federal court at your expense for a declaratory judgment and your naturalization certificate. That can cost quite a bit of money and effort.

    The only alternative is to wait and file a written inquiry or InfoPass inquiry with the local district office in New York. If that doesn't work, then have your Congressman intervene. If that doesn't work either wait, file more written inquiries or properly sue the USCIS. You may decide, at that point, to decide how much you value getting your U. S. Citizenship and hire an experienced immigration attorney. Perhaps, there are other concerns. Good luck

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  • Can someone declared absconder or fugitive in their native country be allowed to stay in USA as permanent resident ?

    Someone wanted by the law in their native country or declared as fugitive from the law because they committed a property fraud is staying in the USA as a permanent resident. it is just a matter of time that this person will be pursuing the US ci...

    Kevin’s Answer

    That is unfortunate. Perhaps, if you have verifiable proof, know the person's full name, date of birth, and this is something that can make the person inadmissible or deportable. Even in the U. S., a criminal allegation is not proof of a crime. You will have to present what you have to an ICE Investigator. Go to www.ice.gov for contact information.

    There are some who make unprovable claims, among other forms of malicious prosecution. A person is presumed not guilty until a proven otherwise. It is unclear whether the person can still be prosecuted in that country. Good luck.

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  • One year over stayed tourist B2 visa, Can I apply for I-601 Application for Waiver of Grounds of Inadmissibility in the future?

    The reason I over stayed is because NO one is available/capable of taking care of my 100 yr/o grandmother as one of her son and wife leaving with her has a disability and incapable. One of her grand daughter who is capable but cannot commit full t...

    Kevin’s Answer

    No, you are an overstay, so immigration options seem very limited. If you leave the U. S., then you will be banned from successful application for a lawful immigrant and non-immigrant visa for ten years, perhaps longer. In addition, if you try to claim that you have a well founded fear of persecution, you may have trouble seeking asylum, because more than one year has passed since you entered the U. S.

    An I-601 waiver requires evidence of extreme hardship to a U. S. Citizen or permanent resident spouse or parent, only. In addition, there must be a way to adjust status with an immediately available visa. There does not seem to be a way for you to do that at this time unless you and a U. S. Citizen fell in love with each other, decided to spend the rest of your lives together, and got married. Marriage is a serious thing. A good faith marriage based upon love of a U. S. Citizen may lead to lawful permanent resident status.

    You can also risk your future living unlawfully in the U. S. for 21 years after your child is born in the U.S., but the child may decide not to petition you when he or she reaches 21 years of age.

    The non-immigrant visa system has nearly no options when an overstay occurs unless you depart, apply for a visa, or somehow reinstate. The best time to have handled this was before the I-94 expired. Now, that you claim that the I-94 entry card expired more than a year ago, you violated the terms of your admission. You and your family had to decide what was best based upon the situation. Now, you must decide what is best for you at this time. Good luck.

    If you have any further questions or concerns, then I strongly recommend an appointment with a competent and experienced immigration attorney before there are more complications. Good luck.

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  • Is the executive order Obama passed on hold ? or has it already gone into action?

    it was said to go into action in May.

    Kevin’s Answer

    We expect that the Court in Brownsville is in no hurry to decide the case until after Obama is out of office. Therefore, the program will likely end before it starts. If you are upset about what the Republican led States did to end the program, then let others who can lawfully vote know.

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  • Is there a way to expedite EAD?

    I need to start a job fr July 1st but my EAD is still pending. Is there a way I can request an expedited EAD approval

    Kevin’s Answer

    More information is needed. If a person started work on an OPT, but married and now seeks an EAD based upon adjustment, then there is a possibility, where an employee will lose their job. If not, then don't start interviewing until you have the employment authorization card. Otherwise, you may be unable to start. Good luck.

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  • Should I apply for a Green Card?

    I came to US in 2009. Graduated college 2013. 2013-2014 did OPT. Employer applied for H1B in 2014 . I was not picked in the lottery. August 2014 I started my masters and will finish Dec 2015. Employer applied for H1B in 2015 . I might not be pic...

    Kevin’s Answer

    It will be best to have your H1b visa. However, it is unclear whether there is an employer who requires an employee to fill a position which requires a bachelors degree or the equivalence in experience and education. The labor certification process can be delayed by a variety of factors. The petition can be approved, but the quota may be filled and visas may not be available for years. The H1b, if approved, provides some stability while you wait.

    In order to determine whether a labor certification is possible for a position, then the labor market must be tested. The manner in which it is to be tested and whether the process makes economic sense to you and your employer is important. If for some reason, you are disqualified from lawful permanent resident status for other reasons, then this should be discussed with a competent and experienced immigration attorney, as well. Good luck.

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  • I-130 is pending

    US citizen spouse is abusive, making an info pass to find and discuss the situation at USCIS office for filling I-360. Will it have a negative effect on existing I-130, which is pending since last one year. We are still married. I485 is also pendi...

    Kevin’s Answer

    The process is not just a form and a fee. The USCIS requires evidence of emotional and physical abuse. The quality and importance of each document presented should not be overlooked. Otherwise, more complications and delays may emerge. I strongly recommend an appointment with a competent and experienced immigration attorney. Good luck.

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  • Do I need to update my document to sponsor adjustment of status?

    hello Im a US citizen, sponsoring my wife's greencard application, have a 30+ year old divorce document that my ex filed, sent me from her country jp as a mutual agreement. is it gonna cause more delay in the GC process because the document is...

    Kevin’s Answer

    You will be required to provide a certified copy of the divorce order. The divorce order must be translated into English by a person who is willing to certify that they are fluent in English and Japanese.You will be required to provide a "certified copy" of the divorce order. The divorce order must be translated into English by a person who is willing to 'properly certify' that they are fluent in English and Japanese. A photocopy of an old divorce order may not be enough. However, you can present what you have with a translation and seek a new certified copy in case the USCIS or State Department requires it for verification A photocopy of an old divorce order may not be enough. However, you can present what you have with a translation and seek a new certified copy of divorce. Providing improper uncertified documents may result in further processing delays. Good luck.

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  • What can I do to recall my warrant if I'm out of the country? (was a F-1 VISA with DUI and immigration matters)

    So I was an international student when I had my DUI 7 years ago during my OPT. I got laid off and by law I have 60 days to pack my bags and go home before I became out of status. I couldn't finished my obligation and had to leave the US. When I wa...

    Kevin’s Answer

    When you were admitted into the United States for the nonimmigrant visa you're supposed to be on your best behavior. This will have to be reported if you apply for a visa. You will need to get the warrant quashed in order to have 'any hope' to return. A lie/misrepresention, that includes an omission of facts, can result in an indefinite visa ban.

    I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney who will take enough time to discuss this matter to your satisfaction. You may want to pay for this sort of service, since it may take time to explain to your satisfaction. This may only require an appointment or teleconference where you have been given questionable information. Good luck.

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  • Does USCIS judge you by the the original charge or the conviction charge?

    I was charged with PC 69 (a felony) in May of 2010, but the charges where dropped down to PC 148(A)(1) (misdemeanor), to which I plead guilty. I've asked on here a couple of times and read all I could as to what constitutes a CMIT and have conclu...

    Kevin’s Answer

    A crime that relates to a controlled substance, cannibis/cocaine can make you inadmissible. That means you can be disqualified from adjustment of status, even deportable. I strongly recommend an appointment with a competent and experienced immigration attorney before there are further complications. Good luck.

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