The Immigration Answers Show - Episode 1119
Hacking Immigration Law, LLC
13,195 views
On episode 1119 of the Immigration Answers Show, immigration attorney Jim Hacking answers 13 live questions on VAWA, notario scams, mandamus timing, SIJ delays, and the 10-year bar.
QUESTIONS ANSWERED
(General information, not legal advice for your case.)
Reconciled with a spouse who withdrew an approved I-130 after I filed VAWA. Should we refile?
You can technically pursue both, but they work against each other, and USCIS is likely to scrutinize a new petition and process it slowly.
In immigration court on an asylum case. Can a job-based petition get me a green card?
Generally no. Being out of status and in removal proceedings usually closes that path. If you move, update your address with the court right away.
Should I sue a fake immigration lawyer in small claims court?
Winning a judgment is often easier than collecting it, but it's worth pursuing. You can also report unauthorized practice of law to the state bar.
I-485 pending 14 months after a good interview. When should I sue?
Jim suggested filing a lawsuit if there's no decision about 18 months after filing.
Didn't finish my F-1 program before my marriage green card. Can I still naturalize?
Jim doesn't see it as a problem, especially since it didn't come up at the green card interview.
Can I travel abroad while dealing with a theft issue?
Jim's general advice: don't leave the U.S. until your immigration situation is settled.
My L-1 ends before my EB-1 green card arrives. What about my college-age son?
Put your concerns to the company's immigration lawyers in writing and involve HR. A pending I-485 can complicate a switch to F-1, and expedite requests rarely work.
EB-2 NIW I-485 pending about a year. Time for a mandamus?
Jim thinks it's a little early and suggested waiting until around December or January.
Why is my SIJ green card taking so long?
SIJ cases fall under EB-4, which has a long backlog. Most people have to wait, renew the work permit, and avoid leaving the U.S.
K-1 denied, then we married and filed an I-130. What now?
Once the I-130 has been pending a year, a mandamus lawsuit can push USCIS for a decision. Expect the consulate to look closely at the case.
Could the H-4 EAD be canceled?
It's possible. You can still sue over a long-delayed EAD while that plays out.
Came on a visitor visa, the EB-1 filing was rejected, and asylum went to court. Can we file a new employment case?
Generally not without valid status. Entering as a visitor while planning to stay can also be treated as misrepresentation.
Overstayed, left the U.S., and now have an approved I-130. Will I face a bar?
More than a year of unlawful presence can trigger a 10-year bar, and a waiver requires extreme hardship to your U.S. citizen spouse. How unlawful presence counts depends on how you were admitted, so get your dates reviewed.
📅 NEVER MISS A LIVE SHOW
Get notified before the next Immigration Answers Show goes live:
https://lp.hackinglawpractice.com/ias...
📞 TALK TO OUR TEAM
Have a question about your own case? Book a screening call with our team.
Call 314-961-8200 or email info@hackinglawpractice.com
📲 FOLLOW HACKING IMMIGRATION LAW
Instagram: Instagram: hackingimmigrationlawllc
Facebook: Facebook: hackinglawpractice
Facebook Group (Immigrant Home): Facebook: 176839752725232
TikTok: TikTok: immigrationhacking
Hacking Immigration Law, LLC | St. Louis | San Diego | Chicago | Washington, D.C.
CHAPTERS
0:00 Intro
8:11 Court Update on the 75-Country Visa Pause
9:22 Reconciled After a Withdrawn I-130 and a VAWA Filing
18:52 Asylum Case in Court: Can a Job Offer Help?
23:52 Scammed by a Fake Immigration Lawyer
30:16 I-485 Pending 14 Months After the Interview
36:09 Didn't Finish My F-1 Program: Can I Still Naturalize?
38:23 Traveling With a Theft Issue on Your Record
40:00 L-1 Status Ending Before the EB-1 Green Card
48:39 EB-2 NIW I-485 Pending: When to File a Mandamus?
50:36 SIJ Green Card Backlog in EB-4
52:51 K-1 Denied, Now a Pending I-130
1:05:49 Could the H-4 EAD Be Canceled?
1:07:31 Visitor Visa, Rejected EB-1, and Asylum Sent to Court
1:19:05 Overstayed, Left the U.S., Now Facing a 10-Year Bar?
1:27:45 Wrap-Up.
12 Comments
The Immigration Answers Show - Episode 1119
Hacking Immigration Law, LLC
13,195 views
On episode 1119 of the Immigration Answers Show, immigration attorney Jim Hacking answers 13 live questions on VAWA, notario scams, mandamus timing, SIJ delays, and the 10-year bar.
QUESTIONS ANSWERED
(General information, not legal advice for your case.)
Reconciled with a spouse who withdrew an approved I-130 after I filed VAWA. Should we refile?
You can technically pursue both, but they work against each other, and USCIS is likely to scrutinize a new petition and process it slowly.
In immigration court on an asylum case. Can a job-based petition get me a green card?
Generally no. Being out of status and in removal proceedings usually closes that path. If you move, update your address with the court right away.
Should I sue a fake immigration lawyer in small claims court?
Winning a judgment is often easier than collecting it, but it's worth pursuing. You can also report unauthorized practice of law to the state bar.
I-485 pending 14 months after a good interview. When should I sue?
Jim suggested filing a lawsuit if there's no decision about 18 months after filing.
Didn't finish my F-1 program before my marriage green card. Can I still naturalize?
Jim doesn't see it as a problem, especially since it didn't come up at the green card interview.
Can I travel abroad while dealing with a theft issue?
Jim's general advice: don't leave the U.S. until your immigration situation is settled.
My L-1 ends before my EB-1 green card arrives. What about my college-age son?
Put your concerns to the company's immigration lawyers in writing and involve HR. A pending I-485 can complicate a switch to F-1, and expedite requests rarely work.
EB-2 NIW I-485 pending about a year. Time for a mandamus?
Jim thinks it's a little early and suggested waiting until around December or January.
Why is my SIJ green card taking so long?
SIJ cases fall under EB-4, which has a long backlog. Most people have to wait, renew the work permit, and avoid leaving the U.S.
K-1 denied, then we married and filed an I-130. What now?
Once the I-130 has been pending a year, a mandamus lawsuit can push USCIS for a decision. Expect the consulate to look closely at the case.
Could the H-4 EAD be canceled?
It's possible. You can still sue over a long-delayed EAD while that plays out.
Came on a visitor visa, the EB-1 filing was rejected, and asylum went to court. Can we file a new employment case?
Generally not without valid status. Entering as a visitor while planning to stay can also be treated as misrepresentation.
Overstayed, left the U.S., and now have an approved I-130. Will I face a bar?
More than a year of unlawful presence can trigger a 10-year bar, and a waiver requires extreme hardship to your U.S. citizen spouse. How unlawful presence counts depends on how you were admitted, so get your dates reviewed.
📅 NEVER MISS A LIVE SHOW
Get notified before the next Immigration Answers Show goes live:
https://lp.hackinglawpractice.com/ias...
📞 TALK TO OUR TEAM
Have a question about your own case? Book a screening call with our team.
Call 314-961-8200 or email info@hackinglawpractice.com
📲 FOLLOW HACKING IMMIGRATION LAW
Instagram: Instagram: hackingimmigrationlawllc
Facebook: Facebook: hackinglawpractice
Facebook Group (Immigrant Home): Facebook: 176839752725232
TikTok: TikTok: immigrationhacking
Hacking Immigration Law, LLC | St. Louis | San Diego | Chicago | Washington, D.C.
CHAPTERS
0:00 Intro
8:11 Court Update on the 75-Country Visa Pause
9:22 Reconciled After a Withdrawn I-130 and a VAWA Filing
18:52 Asylum Case in Court: Can a Job Offer Help?
23:52 Scammed by a Fake Immigration Lawyer
30:16 I-485 Pending 14 Months After the Interview
36:09 Didn't Finish My F-1 Program: Can I Still Naturalize?
38:23 Traveling With a Theft Issue on Your Record
40:00 L-1 Status Ending Before the EB-1 Green Card
48:39 EB-2 NIW I-485 Pending: When to File a Mandamus?
50:36 SIJ Green Card Backlog in EB-4
52:51 K-1 Denied, Now a Pending I-130
1:05:49 Could the H-4 EAD Be Canceled?
1:07:31 Visitor Visa, Rejected EB-1, and Asylum Sent to Court
1:19:05 Overstayed, Left the U.S., Now Facing a 10-Year Bar?
1:27:45 Wrap-Up.