Claimed Lawyer ProfileQ&A
- Immigration Law
Jurisdictions Admitted to Practice
- State Bar of Texas
- ID Number: 24037460
- The Law Office of Laurel Scott, PLLC
- Temple University Beasley School of Law
- JD (2002) | Immigration
- Simon's Rock College
- BA (1993) | Environmental Science
- Honors: Cum Laude
- State Bar of Texas # 24037460
- - Current
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18 Questions Answered
- Q. My now ex-husband obtained his green card by marriage.....paperwork question
- A: The government has a copy in what's call an "alien file". If your husband ever needs a copy, he can request it from the government through a FOIA request (Freedom of Information Act). If the file was for you, I would tell you to hang on to it. But since it's for your ex, you can either give it to him if you like, or you can shred it and tell him to file a FOIA if he ever needs a copy of his file. Your choice.
- Q. As a LPR who lived outside of the US for 10 years but moved back 3 months ago, am I at risk of green card abandonment?
- A: If they let you back in the US, you should be fine as long as you don't depart again for a while. And by "a while", I would recommend you not depart for AT LEAST a year, if not longer. In order for them to revoke your permanent residence WHILE YOU ARE IN THE US, they have to take you to immigration court, which is a lot of money for the government. It's completely different if you are seeking re-entry to the US. Yes, technically if you are in possession of a facially-valid green card at a point of entry, you can demand an opportunity to see an immigration judge, but in that scenario they can take you to a detention facility while you wait to see a judge and hold you for months. Most people in that situation simply give up and voluntarily relinquish the card. Totally different if you're present in the US pursuant to a lawful entry. Then they can't hold you in detention. Bottom line, you're fine. Go ahead and petition for your husband. But do not depart the country again for AT LEAST a year, preferably longer.
- Q. Question about conviction in another country
- A: 194 countries use the Interpol database that will tell them about convictions in any country that reports to Interpol. It is normal and common for immigration officers in those 194 countries to run your name through the Interpol system when you pass through the immigration post at the airport.
- Q. Defensive asylum in removal and individual hearing Is coming in 6 months . Married to us citizen and filed I-130?
- A: Because your I-130 was filed after you were in removal proceedings, there is a presumption of fraud in the marriage that you will have to overcome. You will get a Stokes interview, which is a longer, more in-depth interview than most people doing I-130s. If your I-130 is approved, it is not clear from your fact pattern what happens next. If you entered without inspection, you cannot adjust status (except in certain limited circumstances) and will have to do a Provisional Waiver, but you cannot do that if you are in removal proceedings. At this time, it is extremely difficult to administratively close removal proceedings for the purpose of applying for a Provisional Waiver. And we haven't even gotten to the reason you were placed in removal proceedings, which may affect the rest of your case. You have a very complicated immigration case.
- Q. My mother is an Immigrant for 20+years and I want to know if there is anything she can do to become legal.
- A: If she entered with a visitor's visa or border crossing card or some other type of valid status, then she can adjust status through you when she turns 21. Otherwise, even if you were to petitioner for her (when you turn 21), she's going to need a waiver for unlawful presence and you're not a qualifying relative (even though you can be the petitioner). If she marries a US citizen, then he can both petition for her and be her qualifying relative. If you do the adjustment of status process (only available if she entered with inspection and in some limited other circumstances), your grand total for all government filing fees and legal fees will be more or less half what they will be if she needs to do the waiver process. The waiver process involves a trip out of the US. The adjustment of status process does not. I specialize in these waivers of inadmissibility, though I also do adjustment of status cases. I would need to ask you a bunch more questions to make a final determination of what your options are.
- Q. Is using the Federal subsidy Advance Premium Tax Credit to help with insurance cost be considered being a public charge?
- A: No.
- Q. Naturalization form asks if spouse is working, would affirming he works affect his immigration case?
- A: Well, the facts are the facts. If you are asking whether you should like on your N-400, my answer obviously is "no". Don't like on your N-400. If you are asking whether he has adverse facts in his case, then "yes", he probably does. How adverse that information is depends on some other things. I'm not going to go through all the potential scenarios for what his current immigration status is and how he's adjusting. I'm going to guess that he entered with inspection perhaps on a B visa or an F1 visa or the Visa Waiver Program - something that does not allow him to work, else this wouldn't be an issue. And I'm guessing that his petitioner-sponsor is you, as opposed to an employer (because, again, then the employment wouldn't be an issue). Once you naturalize, then he becomes the immediate relative of a US citizen and he will be able to adjust status despite previous violations of status and despite previous unlawful employment. So, what's most important here is that you naturalize. And the best way to do that is to be truthful on your N-400. ICE is not going to show up at your door because you revealed on your N-400 that your husband is working without authorization. ICE is way too busy for you. You're not important enough, to be frank. Now, I'm not saying it's ok that he's been working without authorization, but you don't want to compound that violation with another one by providing false information on your N-400. And in the end, as long as he entered lawfully and will be adjusting status through marriage to you, it shouldn't be an issue. Final word: whenever you are tempted to lie on your forms, that is an alarm going on, telling you that you need a lawyer.
- Q. Found out EAD OPT card has wrong alien number while filling my Adjustment of Status by marriage. HELP??
- A: I have several cases a year with alien number mix-ups. It causes a delay, but it gets resolved. I usually mention the problem on the cover letter. Don't stress too much about it.
- Q. Will be a problem at the visa interview if my salary stated in DS 160 "Present Work/Employer" section is much lower ?
- A: You just need to be sure everything is explained during the interview.
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