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  Caro Kinsella Immigration Attorney and Counselor at Law

Caro Kinsella, Esq.
Attorney & Counselor at Law
Law Offices of Caro Kinsella
Phone: 954-304-2243
www.legalprofessionals.us




 
THINKING OF IMMIGRATING TO THE UNITED STATES OF AMERICA ?

My name is Caro Kinsella. I was born and raised in Limerick, Ireland. I have been living in Florida now for just over six years.

My law practice, Law Offices of Caro Kinsella, exclusively practices Immigration Law and our office is located in Deerfield Beach Florida. I am admitted to practice law in the State of New York. However, my clients are from all over the world, and throughout the United States. You do not have to be in the state of Florida in order for me to act as your Attorney, since Immigration law is Federal law; therefore I am permitted to practice Immigration law within all 50 states.

I have a team of experienced legal experts, and with our combined knowledge of Immigration law coupled with our dedication; we are here to guide you with all your Immigration matters. Our job is to make sure you know your Immigration rights, and understand and know the laws that are applicable to your particular situation.

Whether you are in the U.S. legally or illegally; wish to stay longer, or obtain a Green Card; or if you are outside the U.S. and want to know the best way to enter the United States, contact my office for a free initial consultation.

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How to Immigrate to the USA - Questions and Answers on Immigration to the USA

QUESTIONS AND ANSWERS

QUESTION:

Hello, my name is Jane. I live in Michigan. I have a question about form I-360 and I-485. I'm applying for VAWA (I-360). My question is if I can apply form I-485 at the same time with form I-360 or if I have to be approved first and then apply I-485. Thank you very much.

Answer from Caro Kinsella, Immigration Attorney:

On the provision that u were married to a U.S. Citizen yes you can file concurrently.


QUESTION:

I am an American born citizen and would like to apply for citizenship for both my parents. They have been in America for 25 years illegally due to overstaying and have no criminal record, no deportation, my mother owns a house and they both pay their taxes. My parents are legally married but are separated. My mother doesn't want me to apply for my father, is there any possible way I would be able to apply for them separately? As for instance my mother first and then my father? or is it necessary that i file for both at the same time?, and would it be wise to apply and file on our own or with a lawyer?

Answer from Caro Kinsella, Immigration Attorney:

As dependents you must file for them separately. This means a separate I-130 and I-485 for each of them. However, based on whether they were inspected and admitted into the U.S. will determine whether you can in fact file for them.


QUESTION:

What would happen if a 53 year old born Canadian citizen was visiting in the USA and did not have a Canadian passport?

Answer from Caro Kinsella, Immigration Attorney:

You are in the U.S. without lawful status. But if you were waived across the Canadian border then there is no record of you being in the U.S. I would advise you to depart the U.S. and re-enter with them stamping your entry into the U.S. onto your passport. As a Canadian you can either apply for a TN visa or a B-2 visa (the latter will be automatically stamped into your passport).


QUESTION:

Appreciate you and chance to contact with you . I am a US citizen and my wife from other country has her I-485 pending for green card with USCIS. Our testing and interview for her green card is scheduled for the end of this month. My job was relocated to another city about 2 months ago but we have not informed USCIS about our move and change of address. We have a good relationship with our landlord and tenants from our previous old address and have just stayed in contact with them to check the mail and send us USCIS letters received to our new address. In a small way we have been maintaining our old address while staying at our new address until my wife can get her green card. We have not formally changed our address with the postal service yet.We plan to just drive to the city for our interview for ease of processing to avoid lengthy delays. Since our interview date is so close, should or should we not inform USCIS of our change of address? As well, we kindly ask your suggestions on how to handle and what to say during the green card interview especially if any questions on address are asked.If we do inform USCIS of our change of address, is it possible that USCIS will claim that we abandoned the application and deny my wife her green card? This would be absurd to me if USCIS should this.My wife's visa expires in the middle of May as well. Should we contact with her embassy here in the US to lengthen the visa stay in case the green card falls through and/or just reapply with USCIS again before her visa expires.This will be the second try for my wife's green card since the first time it was denied because we went on a 7-day Carnival cruise with family to Mexico. We were unaware that we needed an I-131 advanced parole approval even for a short cruise like this and did not apply. When we went to our first green card interview, USCIS said that we had abandoned the application and denied my wife her green card. If we had really abandoned the application, why would we haved filled out all the forms, did all the waiting, did all the fingerprinting, went to our interview, and gone through all the trouble. This was unreasonable and absurd to me that USCIS denied my wife her green card for this. From this experience, we have lost a little bit of faith in USCIS and thus have not informed them on our change of address to avoid possibility of lengthy delay and another denial. We now have the I-131 approval in case my wife may need to travel and also my wife is about to receive her EAD work permit as well. We have the green card testing and interview at the end of this month and ask if we should or should not inform USCIS on our change of address. Appreciate you and your thoughts and suggestions. Thanks! Daniel

Answer from Caro Kinsella, Immigration Attorney:

1. You need to inform USCIS of your change of address to avoid any future problems; by not telling them it could backfire on you. 2. In reference to the interview - USCIS officer will have your petition in front of them at the interview. They will ask basic questions such as date of marriage, who was there, spouses date of birth and maybe questions about each others family. If they suspect fraud they will separate you and ask you more in depth questions. So my advice is know the important dates and events. 3. You say your wife's current visa will expire in the middle of May; this is no longer of concern as once you file the I-485 that is her new status until they adjudicate and either approve or deny it (if the latter then you need to retain an attorney for legal advice); but you don't need to renew her visa as the I-485 is her new status. 4. USCIS is correct, you must wait to get the I-131 approved before leaving the U.S. or the I-485 will be deemed abandoned. I have many clients confused about this point also.


QUESTION:

hello, i over stayed a tourist visa and now i would like to marry my boyfriend, he is a citizen. Would i be able to adjust my status? Thank you.

Answer from Caro Kinsella, Immigration Attorney:

You don't need any waiver of inadmissibility. By virtue of your marriage to a U.S. Citizen, your unlawful presence is essentially waived. You are fine to adjust your status (make sure you have your I-94 card as proof of being lawfully admitted)


QUESTION:

I was born in Mexico and was brought to the United States by my parents with a Tourist Visa at the age of 9 now im been thinking about getting married with my former boyfriend. I was wondering If there would be a penalty when we got married? or would i be able to become a Resident.

Answer from Caro Kinsella, Immigration Attorney:

As long as you still have the I-94 card showing you entered the U.S. under a tourist visa along with your boyfriend being a U.S. Citizen then once he becomes your husband he can petition you for your green card without having to depart the U.S. (providing you have not committed crimes etc.)


QUESTION:

I have the understanding that if my girlfriend were to leave the U.S. before turning 18 1/2 that the bar will not apply to her. however, my only concern is will her being here as a minor effect her ability to get a fiancee visa in any way (i am a U.S. citizen 18 years old and she is Mexican 18 years old). I do plan on getting an immigration lawyer/attorney. also will try to find all the proof of a valid relationship i can find (such as plane tickets, pictures, letters, phone records) any advice that you can give would be much appreciated.

Answer from Caro Kinsella, Immigration Attorney:

If you are under 18 years and physically present in the U.S. you are not accruing unlawful presence in the U.S. so technically if she departs before turning 18 years; then she will not trigger either the 3 or 10 year bar. You as a U.S. citizen can then file for her fiance (K-1) visa and once approved she can re-enter the U.S. under this visa.


 
 
 

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